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 Section 47a-6a of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective October 1, 2024): 3 (a) As used in this section: [,] 4 (1) ["address"] "Address" means a location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