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Connecticut House Bill HB06338

Connecticut 2025 Regular Session

Connecticut House Bill HB06338 Compare Versions

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5-General Assembly Substitute Bill No. 6338
4+LCO No. 5854 1 of 5
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6+General Assembly Committee Bill No. 6338
67 January Session, 2025
8+LCO No. 5854
9+
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11+Referred to Committee on HOUSING
12+
13+
14+Introduced by:
15+(HSG)
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1019 AN ACT PERMITTING REMOVAL OF AN UNAUTHORIZED
1120 INDIVIDUAL FROM REAL PROPERTY.
1221 Be it enacted by the Senate and House of Representatives in General
1322 Assembly convened:
1423
1524 Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1
1625 (1) "Dwelling unit", "owner", "rental agreement" and "tenant" have 2
1726 the same meanings as provided in section 47a-1 of the general statutes; 3
1827 and 4
1928 (2) "Unauthorized person" means any individual who is unlawfully 5
2029 occupying real property and who is not (A) a current or former tenant 6
2130 of the owner of the real property, or (B) immediate family, as defined in 7
2231 section 1-91 of the general statutes, of the owner of the real property. 8
2332 (b) Any owner of real property, or such owner's authorized agent, 9
2433 may request from a state marshal the immediate removal of any 10
2534 unauthorized person pursuant to this section if: 11
2635 (1) The person requesting such removal is the owner of the real 12
27-property that is being occupied by such unauthorized person or is such 13
28-owner's authorized agent; 14
29-(2) Such unauthorized person has unlawfully entered and remains or 15
30-continues to reside on such owner's real property; 16 Substitute Bill No. 6338
36+property, or such owner's authorized agent, that is being occupied by 13
37+such unauthorized person; 14
38+Committee Bill No. 6338
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43+(2) Such unauthorized person has unlawfully entered and remains or 15
44+continues to reside on such owner's real property; 16
3545 (3) Such owner or such owner's authorized agent has directed such 17
3646 unauthorized person to leave such owner's real property; 18
3747 (4) Such unauthorized person cannot produce documentation, 19
3848 correspondence or identification cards issued by any governmental 20
3949 agency identifying that such unauthorized person resided on such real 21
4050 property during the immediately preceding twelve months; 22
41-(5) Such unauthorized person cannot produce a rental agreement 23
42-signed by such owner of real property or such owner's authorized agent; 24
43-and 25
44-(6) There is no pending litigation related to such real property 26
45-between such owner of real property and such unauthorized person 27
46-occupying such real property. 28
47-(c) To request the immediate removal of any unauthorized person, 29
48-the owner of the real property, or such owner's authorized agent, shall 30
49-submit a completed Affidavit Concerning the Removal of Persons 31
50-Unlawfully Occupying A Dwelling Unit to a state marshal. The 32
51-submitted affidavit shall be in substantially the following form: 33
52-AFFIDAVIT CONCERNING THE REMOVAL OF PERSONS 34
53-UNLAWFULLY OCCUPYING A DWELLING UNIT 35
54-I, the owner or authorized agent of the owner of the real property 36
55-located at ... ..., declare under the penalty of perjury that (initial each 37
56-box): 38
57-1. ... ... I am the owner of the real property or the authorized agent of 39
58-the owner of the real property. 40
59-2. ... ... I purchased the property on ... .... 41
60-3. ... ... An unauthorized person or persons have unlawfully entered 42
61-and are remaining or residing unlawfully on the real property. 43
62-4. ... ... I have directed the unauthorized person or persons to leave 44 Substitute Bill No. 6338
51+(5) Such unauthorized person cannot produce a lease signed by such 23
52+owner of real property, or such owner's authorized agent; and 24
53+(6) There is no pending litigation related to such real property 25
54+between such owner of real property and such unauthorized person 26
55+occupying such real property. 27
56+(c) To request the immediate removal of any unauthorized person, 28
57+the owner of the real property, or such owner's authorized agent, shall 29
58+submit a completed Affidavit Concerning the Removal of Persons 30
59+Unlawfully Occupying A Dwelling Unit to a state marshal. The 31
60+submitted affidavit shall be in substantially the following form: 32
61+AFFIDAVIT CONCERNING THE REMOVAL OF PERSONS 33
62+UNLAWFULLY OCCUPYING A DWELLING UNIT 34
63+I, the owner or authorized agent of the owner of the real property 35
64+located at ... ..., declare under the penalty of perjury that (initial each 36
65+box): 37
66+1. ... ... I am the owner of the real property or the authorized agent of 38
67+the owner of the real property. 39
68+2. ... ... I purchased the property on ... ... 40
69+3. ... ... An unauthorized person or persons have unlawfully entered 41
70+and are remaining or residing unlawfully on the real property. 42
71+Committee Bill No. 6338
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67-the real property, but they have not done so. 45
68-5. ... ... The person or persons are not current or former tenants 46
69-pursuant to any valid rental agreement authorized by the property 47
70-owner, and any rental agreement that may be produced by an occupant 48
71-is fraudulent. 49
72-6. ... ... The unauthorized person or persons sought to be removed are 50
73-not an owner or a co-owner of the property and have not been listed on 51
74-the title to the property unless the person or persons have engaged in 52
75-slander of the title. 53
76-7. ... ... The unauthorized person or persons are not immediate family 54
77-members of the property owner. 55
78-8. ... ... There is no litigation related to the real property pending 56
79-between the property owner and any person sought to be removed from 57
80-the real property. 58
81-9. ... ... I understand that a person or persons removed from the 59
82-property pursuant to this procedure may bring a cause of action against 60
83-me for any false statements made in this affidavit, and that as a result of 61
84-such action I may be held liable for actual damages, penalties, costs and 62
85-reasonable attorney's fees. 63
86-10. ... ... I am requesting the state marshal to immediately remove the 64
87-unauthorized person or persons from the property. 65
88-11. ... ... A copy of my valid government-issued identification is 66
89-attached, or I am an agent of the property owner, and documents 67
90-evidencing my authority to act on the property owner's behalf are 68
91-attached. 69
92-I HAVE READ EVERY STATEMENT MADE IN THIS AFFIDAVIT 70
93-AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND 71
94-THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE MADE 72
95-UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN 73
96-SECTION 53A-156 OF THE GENERAL STATUTES. 74 Substitute Bill No. 6338
76+4. ... ... I have directed the unauthorized person or persons to leave 43
77+the real property, but they have not done so. 44
78+5. ... ... The person or persons are not current or former tenants 45
79+pursuant to any valid lease authorized by the property owner, and any 46
80+lease that may be produced by an occupant is fraudulent. 47
81+6. ... ... The unauthorized person or persons sought to be removed are 48
82+not an owner or a co-owner of the property and have not been listed on 49
83+the title to the property unless the person or persons have engaged in 50
84+slander of the title. 51
85+7. ... ... The unauthorized person or persons are not immediate family 52
86+members of the property owner. 53
87+8. ... ... There is no litigation related to the real property pending 54
88+between the property owner and any person sought to be removed from 55
89+the real property. 56
90+9. ... ... I understand that a person or persons removed from the 57
91+property pursuant to this procedure may bring a cause of action against 58
92+me for any false statements made in this affidavit, and that as a result of 59
93+such action I may be held liable for actual damages, penalties, costs, and 60
94+reasonable attorney's fees. 61
95+10. ... ... I am requesting the state marshal to immediately remove the 62
96+unauthorized person or persons from the property. 63
97+11. ... ... A copy of my valid government-issued identification is 64
98+attached, or I am an agent of the property owner, and documents 65
99+evidencing my authority to act on the property owner's behalf are 66
100+attached. 67
101+I HAVE READ EVERY STATEMENT MADE IN THIS AFFIDAVIT 68
102+AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND 69
103+THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE MADE 70
104+UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN 71
105+Committee Bill No. 6338
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101-Signed this .... day of ...., 20.... 75
102-Witnessed by .... 76
103-.... 77
104-(Acknowledgment) 78
105-(d) Upon receipt of an affidavit pursuant to subsection (c) of this 79
106-section, the state marshal shall verify that the person submitting such 80
107-affidavit is the record owner of the real property or the authorized agent 81
108-of such record owner and appears otherwise entitled to relief under this 82
109-section. If verified, the state marshal shall, without delay, serve a notice 83
110-to immediately vacate on any unauthorized person occupying such real 84
111-property and shall put such record owner of such real property in 85
112-possession of such real property. Service may be accomplished by hand 86
113-delivery of the notice to an occupant of the real property or by posting 87
114-such notice on the front door or entrance of such real property. Such 88
115-state marshal shall attempt to verify the identity of each person 89
116-occupying the dwelling and note such identity on the return of service. 90
117-(e) Any person may bring a civil cause of action against the owner of 91
118-the real property or such owner's authorized agent for wrongful 92
119-removal under this section. A person harmed by a wrongful removal 93
120-under this section may be restored to possession of the real property and 94
121-may recover actual costs and damages incurred, statutory damages 95
122-equal to triple the fair market rent of the dwelling, court costs and 96
123-reasonable attorney's fees. 97
124-(f) Any owner or such owner's authorized agent who makes a false 98
125-statement in an affidavit submitted to a state marshal pursuant to the 99
126-provisions of subsection (c) of this section shall be subject to the 100
127-penalties for false statement under section 53a-157b of the general 101
128-statutes. 102
129-(g) Any unauthorized person who is served a notice to immediately 103
130-vacate the owner's real property pursuant to the provisions of 104 Substitute Bill No. 6338
110+SECTION 53A-156 OF THE GENERAL STATUTES. 72
111+Signed this .... day of ...., 20... 73
112+Witnessed by .... 74
113+.... 75
114+(Acknowledgment) 76
115+(d) Upon receipt of an affidavit pursuant to subsection (c) of this 77
116+section, the state marshal shall verify that the person submitting such 78
117+affidavit is the record owner of the real property or the authorized agent 79
118+of such record owner and appears otherwise entitled to relief under this 80
119+section. If verified, the state marshal shall, without delay, serve a notice 81
120+to immediately vacate on any unauthorized person occupying such real 82
121+property and shall put such record owner of such real property in 83
122+possession of such real property. Service may be accomplished by hand 84
123+delivery of the notice to an occupant of the real property or by posting 85
124+such notice on the front door or entrance of such real property. Such 86
125+state marshal shall attempt to verify the identity of each person 87
126+occupying the dwelling and note such identity on the return of services. 88
127+(e) Any person may bring a civil cause of action against the owner of 89
128+the real property or such owner's authorized agent for wrongful 90
129+removal under this section. A person harmed by a wrongful removal 91
130+under this section may be restored to possession of the real property and 92
131+may recover actual costs and damages incurred, statutory damages 93
132+equal to triple the fair market rent of the dwelling, court costs and 94
133+reasonable attorney's fees. 95
134+(f) Any owner or such owner's authorized agent who makes a false 96
135+statement in an affidavit submitted to a state marshal pursuant to the 97
136+provisions of subsection (c) of this section shall be subject to the 98
137+penalties for false statement under section 53a-157b of the general 99
138+statutes. 100
139+Committee Bill No. 6338
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135-subsection (d) of this section shall be subject to the penalties for criminal 105
136-trespass in the second degree under section 53a-108 of the general 106
137-statutes. 107
138-(h) This section does not limit the rights of any owner of real property, 108
139-or limit the authority of any law enforcement officer to arrest any 109
140-unlawful occupant for trespassing, vandalism, theft or other crimes. 110
144+(g) Any unauthorized person who is served a notice to immediately 101
145+vacate the owner's real property pursuant to the provisions of 102
146+subsection (d) of this section shall be subject to the penalties for criminal 103
147+trespass in the second degree under section 53a-108 of the general 104
148+statutes. 105
149+(h) This section does not limit the rights of any owner of real property 106
150+or limit the authority of any law enforcement officer to arrest any 107
151+unlawful occupant for trespassing, vandalism, theft or other crimes. 108
141152 This act shall take effect as follows and shall amend the following
142153 sections:
143154
144155 Section 1 October 1, 2025 New section
145156
146-Statement of Legislative Commissioners:
147-In Subsecs. (b) and (c), "lease" was changed to "rental agreement" for
148-consistency with the defined term.
157+Statement of Purpose:
158+To allow law enforcement to remove an individual who is unlawfully
159+occupying real property in lieu of requiring a summary process action.
149160
150-HSG Joint Favorable Subst. -LCO
161+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
162+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
163+underlined.]
164+
165+Co-Sponsors: REP. GONZALEZ, 3rd Dist.; SEN. SAMPSON, 16th Dist.
166+REP. SANCHEZ R., 25th Dist.; REP. SCOTT, 112th Dist.
167+REP. ZULLO, 99th Dist.; REP. WEIR, 55th Dist.
168+REP. MASTROFRANCESCO, 80th Dist.
169+
170+H.B. 6338
171+
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