Connecticut 2024 Regular Session

Connecticut Senate Bill SB00209 Compare Versions

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5	7		General Assembly Substitute Bill No. 209
6	8		February Session, 2024
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12	14		AN ACT CONCERNING NONRESIDENT LANDLORD REGISTRATION
13	15		AND INCREASING PENALTIES FOR REPEAT BUILDING AND FIRE
14	16		CODE VIOLATIONS.
15	17		Be it enacted by the Senate and House of Representatives in General
16	18		Assembly convened:
17	19
18	20		Section 1. Section 47a-6a of the 2024 supplement to the general 1
19	21		statutes is repealed and the following is substituted in lieu thereof 2
20	22		(Effective October 1, 2024): 3
21	23		(a) As used in this section: [,] 4
22	24		(1) ["address"] "Address" means a location as described by the full 5
23	25		street number, if any, the street name, the city or town, and the state, 6
24	26		and not a mailing address such as a post office box; [,] 7
25	27		(2) ["dwelling unit"] "Dwelling unit" means any house or building, or 8
26	28		portion thereof, which is rented, leased or hired out to be occupied, or 9
27	29		is arranged or designed to be occupied, or is occupied, as the home or 10
28	30		residence of one or more persons, living independently of each other, 11
29	31		and doing their cooking upon the premises, and having a common right 12
30	32		in the halls, stairways or yards; [,] 13
31	33		(3) ["agent in charge"] "Agent in charge" or "agent" means [one] an 14
32		-	individual who manages real [estate] property, including, but not 15
33		-	limited to, the collection of rents and supervision and maintenance of 16
34		-	such property, including for the purposes of compliance with state and 17 Substitute Bill No. 209
	34	+	individual who manages real [estate] property, including, but not 15 Substitute Bill No. 209
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	41	+	limited to, the collection of rents and supervision and maintenance of 16
	42	+	such property, including for the purposes of compliance with state and 17
39	43		local codes; 18
40	44		(4) ["controlling participant"] "Controlling participant" means an 19
41	45		individual [that] who exercises day-to-day financial or operational 20
42	46		control; [, and] 21
43	47		(5) ["project-based housing provider"] "Project-based housing 22
44	48		provider" means a property owner who contracts with the United States 23
45	49		Department of Housing and Urban Development to provide housing to 24
46	50		tenants under the federal Housing Choice Voucher Program, 42 USC 25
47	51		1437f(o); 26
48	52		(6) "Identifying information" means proof of an individual's name, 27
49	53		date of birth, current residential address, motor vehicle operator's 28
50	54		license number or other identification number issued by any 29
51	55		government agency or entity; 30
52	56		(7) "Nonresident owner" means an individual who does not reside at 31
53	57		rental real property who is (A) an owner, as defined in section 47a-1, of 32
54	58		such real property, or (B) the controlling participant of the entity that 33
55	59		owns such real property; and 34
56	60		(8) "Population" means the number of persons according to the most 35
57	61		recent federal decennial census. 36
58	62		(b) Any municipality may, and any municipality with a population 37
59		-	of twenty-five thousand or more shall, require the nonresident owner or 38
60		-	project-based housing provider of occupied or vacant rental real 39
61		-	property to report to the tax assessor, or other municipal [office] officer 40
62		-	designated by the municipality, the current residential address of the 41
63		-	nonresident owner or project-based housing provider of such property, 42
64		-	if the nonresident owner or project-based housing provider is an 43
65		-	individual, or the current residential address of the agent in charge of 44
66		-	the building, if the nonresident owner or project-based housing 45
67		-	provider is a corporation, partnership, trust or other legally recognized 46
68		-	entity owning rental real property in the state. If the nonresident owners 47
69		-	or project-based housing providers are a corporation, partnership, trust 48 Substitute Bill No. 209
	63	+	of not less than twenty-five thousand shall, require the nonresident 38
	64	+	owner or project-based housing provider of occupied or vacant rental 39
	65	+	real property to report to the tax assessor, or other municipal [office] 40
	66	+	officer designated by the municipality, the current residential address 41
	67	+	of the nonresident owner or project-based housing provider of such 42
	68	+	property, if the nonresident owner or project-based housing provider is 43
	69	+	an individual, or the current residential address of the agent in charge 44
	70	+	of the building, if the nonresident owner or project-based housing 45
	71	+	provider is a corporation, partnership, trust or other legally recognized 46 Substitute Bill No. 209
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	78	+	entity owning rental real property in the state. If the nonresident owners 47
	79	+	or project-based housing providers are a corporation, partnership, trust 48
74	80		or other legally recognized entity owning rental real property in the 49
75	81		state, such report shall also include identifying information and the 50
76	82		current residential address of each controlling participant associated 51
77	83		with the property. If such residential address changes, notice of the new 52
78	84		residential address shall be provided by such nonresident owner, 53
79	85		project-based housing provider or agent in charge of the building to the 54
80	86		office of the tax assessor or other designated municipal office not more 55
81	87		than twenty-one days after the date that the address change occurred. If 56
82	88		the nonresident owner, project-based housing provider or agent fails to 57
83	89		file an address under this section, the address to which the municipality 58
84	90		mails property tax bills for the rental real property shall be deemed to 59
85	91		be the nonresident owner, project-based housing provider or agent's 60
86	92		current address. Such address may be used for compliance with the 61
87	93		provisions of subsection [(c)] (d) of this section. 62
88	94		(c) In addition to the residential address required pursuant to 63
89		-	subsection (b) of this section, any municipality with a population of 64
90		-	twenty-five thousand ~~or more~~ shall require the nonresident owner, 65
91		-	project-based housing provider or agent in charge~~, as applicable,~~ to 66
92		-	~~report to the tax~~ assessor, or other municipal officer designated by the 67
93		-	~~municipality,~~ accurate identifying information concerning such 68
94		-	~~nonresident owner,~~ project-based housing provider or agent in charge. 69
	95	+	subsection (b) of this section, any municipality with a population of not 64
	96	+	less than twenty-five thousand shall require the nonresident owner, 65
	97	+	project-based housing provider or agent in charge to report to the tax 66
	98	+	assessor, or other municipal officer designated by the municipality, 67
	99	+	accurate identifying information concerning such nonresident owner, 68
	100	+	project-based housing provider or agent in charge. 69
95	101		[(c)] (d) Service of state or municipal orders relating to maintenance 70
96	102		of such rental real property or compliance with state law and local codes 71
97	103		concerning such real property directed to the nonresident owner, 72
98	104		project-based housing provider or agent at the address on file, or 73
99	105		deemed to be on file in accordance with the provisions of this section, 74
100	106		shall be sufficient proof of service of notice of such orders in any 75
101	107		subsequent criminal or civil action against the owner, project-based 76
102	108		housing provider or agent for failure to comply with the orders. The 77
103	109		provisions of this section shall not be construed to limit the validity of 78
104		-	any other means of giving notice of such orders that may be used by the 79
105		-	state or such municipality. 80
106		-	[(d)] (e) Any person who violates any provision of this section shall 81 Substitute Bill No. 209
	110	+	any other means of giving notice of such orders that may be used by the 79 Substitute Bill No. 209
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	117	+	state or such municipality. 80
	118	+	[(d)] (e) Any person who violates any provision of this section shall 81
111	119		have committed [an infraction] a violation. 82
112	120		[(e)] (f) Any report provided to a tax assessor pursuant to subsection 83
113	121		(b) or (c) of this section [on or after October 1, 2023,] shall be confidential 84
114	122		and shall not be disclosed under chapter 14. 85
115	123		Sec. 2. Subsection (a) of section 47a-7 of the general statutes is 86
116	124		repealed and the following is substituted in lieu thereof (Effective October 87
117	125		1, 2024): 88
118	126		(a) A landlord shall: (1) Comply with the requirements of chapter 89
119	127		368o and all applicable building and housing codes materially affecting 90
120	128		health and safety of both the state or any political subdivision thereof; 91
121	129		(2) make all repairs and do whatever is necessary to put and keep the 92
122	130		premises in a fit and habitable condition, except where the premises are 93
123	131		intentionally rendered unfit or uninhabitable by the tenant, a member 94
124	132		of [his] such tenant's family or other person on the premises with [his] 95
125	133		such tenant's consent, in which case such duty shall be the responsibility 96
126	134		of [the] such tenant; (3) keep all common areas of the premises in a clean 97
127	135		and safe condition; (4) maintain in good and safe working order and 98
128	136		condition all electrical, plumbing, sanitary, heating, ventilating and 99
129	137		other facilities and appliances and elevators, supplied or required to be 100
130	138		supplied by him; (5) provide and maintain appropriate receptacles for 101
131	139		the removal of ashes, garbage, rubbish and other waste incidental to the 102
132	140		occupancy of the dwelling unit and arrange for their removal; [and] (6) 103
133	141		supply running water and reasonable amounts of hot water at all times 104
134		-	and reasonable heat [except if] unless (A) the building which includes 105
135		-	~~the~~ dwelling unit is not required by law to be equipped for that purpose, 106
136		-	or [if] (B) the dwelling unit is so constructed that heat or hot water is 107
	142	+	and reasonable heat [except if] unless (i) the building which includes the 105
	143	+	dwelling unit is not required by law to be equipped for that purpose, or 106
	144	+	[if] (ii) the dwelling unit is so constructed that heat or hot water is 107
137	145		generated by an installation within the exclusive control of the tenant or 108
138	146		supplied by a direct public utility connection; and (7) comply with the 109
139		-	requirements of section 47a-6a, as amended by this act. 110
	147	+	requirements of section 47a-6a, as amended by this act. 110 Substitute Bill No. 209
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140	154		Sec. 3. Section 29-254a of the general statutes is repealed and the 111
141	155		following is substituted in lieu thereof (Effective October 1, 2024): 112
142		-	Any person who violates any provision of the State Building Code 113 Substitute Bill No. 209
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	156	+	Any person who violates any provision of the State Building Code 113
147	157		shall, for a first offense, be fined not less than two hundred dollars or 114
148	158		more than one thousand dollars or imprisoned not more than six 115
149	159		months, or both, and, for any subsequent offense, be fined not less than 116
150		-	five hundred dollars or more than two thousand dollars or be 117
151		-	~~imprisoned~~ not more than one year, or both. 118
	160	+	five hundred dollars or more than two thousand dollars or imprisoned 117
	161	+	not more than one year, or both. 118
152	162		Sec. 4. Section 29-291c of the general statutes is repealed and the 119
153	163		following is substituted in lieu thereof (Effective October 1, 2024): 120
154	164		(a) When the State Fire Marshal or a local fire marshal ascertains that 121
155	165		there exists in any building, or upon any premises, a condition that 122
156	166		violates the State Fire Prevention Code or Fire Safety Code, the State Fire 123
157	167		Marshal or local fire marshal shall order such condition remedied by the 124
158	168		owner or occupant of such building or premises. Any such remedy shall 125
159		-	[be in conformance] conform with all building codes, ordinances, rules 126
160		-	and regulations of the municipality [involved] in which such building 127
161		-	or premises is located. Such owner or occupant shall be subject to the 128
162		-	penalties prescribed by subsection (e) of this section and, in addition, 129
163		-	may be fined fifty dollars [a] per day for each [day's continuance of each 130
164		-	violation] day each such violation continues, to be recovered in a proper 131
165		-	action in the name of the state. 132
166		-	(b) Upon failure of an owner or occupant to abate or remedy a 133
167		-	violation pursuant to subsection (a) of this section within a reasonable 134
168		-	period of time specified by the State Fire Marshal or the local fire 135
169		-	marshal, the local fire marshal shall promptly notify, in writing, the 136
170		-	prosecuting attorney having jurisdiction in the municipality in which 137
171		-	such violation or condition exists of all of the relevant facts. The local 138
172		-	fire marshal may request the chief executive officer of the municipality, 139
173		-	any official of the municipality authorized to institute actions on behalf 140
174		-	of the municipality in which the [hazard] violation or condition exists or 141
175		-	the State Fire Marshal, to apply to any court of equitable jurisdiction for 142
176		-	an injunction against such owner or occupant for the purpose of closing 143
177		-	or restricting from public service or use the place or premises containing 144
178		-	the violation or condition until the violation or condition has been 145
179		-	remedied, or the State Fire Marshal may apply for such an injunction 146 Substitute Bill No. 209
	169	+	be in conformance with all building codes, ordinances, rules and 126
	170	+	regulations of the municipality involved. Such owner or occupant shall 127
	171	+	be subject to the penalties prescribed by subsection (e) of this section 128
	172	+	and, in addition, may be fined fifty dollars a day for each day's 129
	173	+	continuance of each violation, to be recovered in a proper action in the 130
	174	+	name of the state. 131
	175	+	(b) Upon failure of an owner or occupant to abate or remedy a 132
	176	+	violation pursuant to subsection (a) of this section within a reasonable 133
	177	+	period of time specified by the State Fire Marshal or the local fire 134
	178	+	marshal, the local fire marshal shall promptly notify, in writing, the 135
	179	+	prosecuting attorney having jurisdiction in the municipality in which 136
	180	+	such violation or condition exists of all of the relevant facts. The local 137
	181	+	fire marshal may request the chief executive officer, any official of the 138
	182	+	municipality authorized to institute actions on behalf of the 139
	183	+	municipality in which the hazard exists or the State Fire Marshal, to 140
	184	+	apply to any court of equitable jurisdiction for an injunction against 141
	185	+	such owner or occupant for the purpose of closing or restricting from 142 Substitute Bill No. 209
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184		-	~~without such request.~~ ~~147~~
185		-	~~(c)~~ The State ~~Fire Marshal or any local fire marshal empowered to 148~~
186		-	~~enforce the State~~ Fire ~~Prevention Code or Fire Safety Code~~ may~~, as~~ an ~~149~~
187		-	~~alternative~~ to ~~issuing an order pursuant to subsection (a) of this section, 150~~
188		-	~~give~~ the ~~owner~~ or ~~occupant a written citation for any violation of the 151~~
189		-	~~applicable code.~~ ~~No such citation may be issued if the owner or 152~~
190		-	occupant ~~has been previously issued a~~ citation for ~~the same~~ violation ~~by 153~~
191		-	the ~~State Fire Marshal~~ or ~~the local fire marshal within six months prior 154~~
192		-	to the ~~current~~ violation~~. Such citation shall contain the name and 155~~
193		-	~~address, if known,~~ of the ~~owner or occupant,~~ ~~the specific offense 156~~
194		-	~~charged and~~ the ~~time and place of the~~ violation. ~~The~~ citation shall ~~be 157~~
195		-	~~signed by~~ the ~~State Fire Marshal~~ or ~~local fire marshal and shall be signed 158~~
196		-	by the ~~owner or occupant in acknowledgment that such~~ citation ~~has 159~~
197		-	~~been received.~~ The State Fire Marshal or local fire marshal shall~~, if 160~~
198		-	~~practicable, deliver a copy of the citation to~~ the owner or occupant ~~at the 161~~
199		-	~~time and place of~~ the ~~violation~~ or shall ~~use some other reasonable means 162~~
200		-	~~of notification. Any person who is issued~~ a ~~citation for violation~~ of ~~any 163~~
201		-	~~provision~~ of the ~~State Fire Prevention Code~~ or ~~Fire Safety Code in 164~~
202		-	~~accordance with this subsection shall be fined not more than two 165~~
203		-	~~hundred fifty dollars.~~ ~~166~~
204		-	~~(d) If a local fire marshal issues a citation pursuant to~~ subsection ~~(c) 167~~
205		-	~~of this section,~~ ~~the state shall remit to the municipalities in which the 168~~
206		-	~~violations occurred ninety per cent of the proceeds of the fine and shall 169~~
207		-	remit to the ~~State Treasurer~~ the ~~remaining ten per cent. If the State Fire 170~~
208		-	~~Marshal issues a citation pursuant to said subsection,~~ the ~~state~~ shall ~~171~~
209		-	remit to the State Treasurer the ~~entire proceeds of~~ the ~~fine. Each clerk of 172~~
210		-	~~the Superior Court or~~ the ~~Chief Court Administrator,~~ ~~on or before the 173~~
211		-	~~thirtieth day~~ of ~~January, April, July and October in~~ each ~~year, shall 174~~
212		-	~~certify to~~ the ~~Comptroller~~ the ~~amount due for the previous quarter 175~~
213		-	~~under this subsection to~~ each ~~municipality served by the office of the 176~~
214		-	~~clerk or official.~~ ~~177~~
215		-	~~(e) In addition~~ to the ~~fine prescribed in subsection (a)~~ of ~~this section,~~ ~~178~~
216		-	~~any person who violates any provision of the State Fire Prevention Code 179~~ Substitute Bill No. 209
	192	+	public service or use the place or premises containing the violation or 143
	193	+	condition until the violation or condition has been remedied, or the State 144
	194	+	Fire Marshal may apply for such an injunction without such request. 145
	195	+	(c) The State Fire Marshal or any local fire marshal empowered to 146
	196	+	enforce the State Fire Prevention Code or Fire Safety Code may, as an 147
	197	+	alternative to issuing an order pursuant to subsection (a) of this section, 148
	198	+	give the owner or occupant a written citation for any violation of the 149
	199	+	applicable code. No such citation may be issued if the owner or 150
	200	+	occupant has been previously issued a citation for the same violation by 151
	201	+	the State Fire Marshal or the local fire marshal within six months prior 152
	202	+	to the current violation. Such citation shall contain the name and 153
	203	+	address, if known, of the owner or occupant, the specific offense 154
	204	+	charged and the time and place of the violation. The citation shall be 155
	205	+	signed by the State Fire Marshal or local fire marshal and shall be signed 156
	206	+	by the owner or occupant in acknowledgment that such citation has 157
	207	+	been received. The State Fire Marshal or local fire marshal shall, if 158
	208	+	practicable, deliver a copy of the citation to the owner or occupant at the 159
	209	+	time and place of the violation or shall use some other reasonable means 160
	210	+	of notification. Any person who is issued a citation for violation of any 161
	211	+	provision of the State Fire Prevention Code or Fire Safety Code in 162
	212	+	accordance with this subsection shall be fined not more than two 163
	213	+	hundred fifty dollars. 164
	214	+	(d) If a local fire marshal issues a citation pursuant to subsection (c) 165
	215	+	of this section, the state shall remit to the municipalities in which the 166
	216	+	violations occurred ninety per cent of the proceeds of the fine and shall 167
	217	+	remit to the State Treasurer the remaining ten per cent. If the State Fire 168
	218	+	Marshal issues a citation pursuant to said subsection, the state shall 169
	219	+	remit to the State Treasurer the entire proceeds of the fine. Each clerk of 170
	220	+	the Superior Court or the Chief Court Administrator, on or before the 171
	221	+	thirtieth day of January, April, July and October in each year, shall 172
	222	+	certify to the Comptroller the amount due for the previous quarter 173
	223	+	under this subsection to each municipality served by the office of the 174
	224	+	clerk or official. 175 Substitute Bill No. 209
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221		-	or Fire Safety Code shall, for a first offense, be fined not less than two 180
222		-	hundred dollars or more than one thousand dollars or be imprisoned 181
223		-	not more than six months, or both, and, for any subsequent offense, be 182
224		-	fined not less than five hundred dollars or more than one thousand 183
225		-	dollars or be imprisoned not more than one year, or both. 184
226		-	Sec. 5. Section 29-394 of the general statutes is repealed and the 185
227		-	following is substituted in lieu thereof (Effective October 1, 2024): 186
228		-	Any person who, by himself or his agent, fails to comply with the 187
229		-	written order of a building inspector for the provision of additional exit 188
230		-	facilities in a building, the repair or alteration of a building or the 189
231		-	removal of a building or any portion thereof, shall, for a first offense, be 190
232		-	fined not less than two hundred dollars nor more than one thousand 191
233		-	dollars or imprisoned not more than six months, or both, and, for any 192
234		-	subsequent offense, be fined not less than five hundred dollars or more 193
235		-	than two thousand dollars or be imprisoned not more than one year, or 194
236		-	both. 195
	231	+	(e) In addition to the fine prescribed in subsection (a) of this section, 176
	232	+	any person who violates any provision of the State Fire Prevention Code 177
	233	+	or Fire Safety Code shall, for a first offense, be fined not less than two 178
	234	+	hundred dollars or more than one thousand dollars or be imprisoned 179
	235	+	not more than six months, or both, and, for any subsequent offense, be 180
	236	+	fined not less than five hundred dollars or more than one thousand 181
	237	+	dollars or imprisoned not more than one year, or both. 182
	238	+	Sec. 5. Section 29-394 of the general statutes is repealed and the 183
	239	+	following is substituted in lieu thereof (Effective October 1, 2024): 184
	240	+	Any person who, by himself or his agent, fails to comply with the 185
	241	+	written order of a building inspector for the provision of additional exit 186
	242	+	facilities in a building, the repair or alteration of a building or the 187
	243	+	removal of a building or any portion thereof, shall, for a first offense, be 188
	244	+	fined not less than two hundred dollars nor more than one thousand 189
	245	+	dollars or imprisoned not more than six months, or both, and, for any 190
	246	+	subsequent offense, be fined not less than five hundred dollars or more 191
	247	+	than two thousand dollars or imprisoned not more than one year, or 192
	248	+	both. 193
237	249		This act shall take effect as follows and shall amend the following
238	250		sections:
239	251
240	252		Section 1 October 1, 2024 47a-6a
241	253		Sec. 2 October 1, 2024 47a-7(a)
242	254		Sec. 3 October 1, 2024 29-254a
243	255		Sec. 4 October 1, 2024 29-291c
244	256		Sec. 5 October 1, 2024 29-394
245	257
246	258		Statement of Legislative Commissioners:
247		-	In Section 1(b) and (c), "not less than twenty-five thousand" was
248		-	changed to "twenty-five thousand or more" for consistency with
249		-	standard drafting conventions; in Section 1(c), ", as applicable," was
250		-	added for clarity; in Section 2(a), "his" was changed to "such tenant's",
251		-	"except if" was changed to "unless" and subparagraph designators were
252		-	added for clarity; in Section 4(a), "be in conformance" was changed to
253		-	"conform" for conciseness, "involved" was changed to "in which such
254		-	building or premises is located" for clarity, and the provision concerning
255		-	the fine was rewritten for clarity; and in Section 4(b), "of the Substitute Bill No. 209
256		-
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259		-
260		-	municipality" was added after "chief executive officer" for clarity and
261		-	"hazard" was changed to "violation or condition" for consistency.
	259	+	In Section 2(a), "his" was changed to "such tenant's" for clarity, "except
	260	+	if" was changed to "unless" and clause designators were added for
	261	+	clarity.
262	262
263	263		HSG Joint Favorable Subst. C/R JUD
264		-	JUD Joint Favorable Subst.-LCO
265	264