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General Assembly Committee Bill No. 6534
January Session, 2025
LCO No. 6643
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING APPOINTMENTS TO MUNICIPAL HOUSING
AUTHORITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (h) of section 8-39 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2025): 3
(h) "Governing body" means [, for towns having a town council, the 4
council; for other towns, the selectmen; for cities, the common council 5
or other similar body of officials; and for boroughs, the warden and 6
burgesses] the legislative body of the municipality, or the board of 7
selectmen in a municipality where the legislative body is a town 8
meeting. 9
Sec. 2. Subsection (a) of section 8-41 of the general statutes is repealed 10
and the following is substituted in lieu thereof (Effective October 1, 2025): 11
(a) For purposes of this section, a "tenant of the authority" means a 12
tenant who lives in housing owned or managed by a housing authority 13
or who [is receiving] receives housing assistance in a housing program 14
directly administered by such authority. When the governing body of a 15
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municipality [other than a town] adopts a resolution as described in 16
section 8-40, [it shall promptly notify the chief executive officer of such 17
adoption. Upon receiving such notice, the chief executive officer] such 18
governing body shall appoint five persons who are residents of such 19
municipality as commissioners of the authority. [, except that the chief 20
executive officer] The governing body may appoint two additional 21
persons who are residents of the municipality if (1) [the] such authority 22
operates more than three thousand units, or (2) upon the appointment 23
of a tenant commissioner pursuant to subsection (c) of this section, the 24
additional appointments are necessary to achieve compliance with 24 25
CFR 964.415 or section 9-167a. [If the governing body of a town adopts 26
such a resolution, such body shall appoint five persons who are 27
residents of such town as commissioners of the authority created for 28
such town, except that such body may appoint two additional persons 29
who are residents of the town if, upon the appointment of a tenant 30
commissioner pursuant to subsection (c) of this section, the additional 31
appointments are necessary to achieve compliance with 24 CFR 964.415 32
or section 9-167a.] The commissioners who are first so appointed shall 33
be designated to serve for a term of either one, two, three, four or five 34
years, except that if the authority has five members, the terms of not 35
more than one member shall expire in the same year. [Terms] The term 36
of a commissioner shall commence on the first day of the month next 37
succeeding the date of [their] the commissioner's appointment, and 38
annually thereafter a commissioner shall be appointed to serve for five 39
years, except that any vacancy [which may occur] that occurs because of 40
a change of residence by a commissioner [,] or the removal, [of a 41
commissioner,] resignation or death of a commissioner shall be filled for 42
the unexpired portion of the term. If a governing body increases the 43
membership of the authority, [on or after July 1, 1995,] such governing 44
body shall, by resolution, provide for a term of five years for each such 45
additional member. The term of the [chairman] chairperson shall be 46
three years. At least one of such commissioners of an authority having 47
five members, and at least two of such commissioners of an authority 48
having more than five members, shall be a tenant or tenants of the 49
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authority selected pursuant to subsection (c) of this section. If, on or after 50
October 1, 1979, a [municipality] governing body that has adopted a 51
resolution as described in section 8-40 [, but] has no tenants serving as 52
commissioners, [the chief executive officer of a municipality other than 53
a town or] the governing body [of a town] shall appoint a tenant who 54
meets the qualifications set out in this section as a commissioner of such 55
authority when the next vacancy in the office of a commissioner occurs. 56
No commissioner of an authority [may] shall hold any public office in 57
the municipality for which the authority is created other than the office 58
of a commissioner of the authority. A commissioner shall hold office 59
until such commissioner's successor is appointed and has qualified. 60
[Not later than January 1, 2024, each commissioner who is serving on 61
said date and, thereafter, upon] Upon appointment, each newly 62
appointed commissioner who is not a reappointed commissioner, shall 63
participate in a training for housing authority commissioners provided 64
by an industry-recognized training provider. A certificate of the 65
appointment or reappointment of any commissioner shall be filed with 66
the clerk [and] after said commissioner has taken an oath in the form 67
prescribed in the first paragraph of section 1-25. Such certificate shall be 68
conclusive evidence of the legal appointment of such commissioner. [, 69
after said commissioner has taken an oath in the form prescribed in the 70
first paragraph of section 1-25.] The powers of each authority shall be 71
vested in the commissioners [thereof] of the authority. Three 72
commissioners shall constitute a quorum if the authority consists of five 73
commissioners. Four commissioners shall constitute a quorum if the 74
authority consists of six or more [than five] commissioners. Action may 75
be taken by the authority upon a vote of not less than a majority of the 76
commissioners present unless the bylaws of the authority require a 77
larger number. The [chief executive officer, or, in the case of an authority 78
for a town, the] governing body of the [town,] municipality shall 79
designate which of the commissioners shall be the first [chairman] 80
chairperson, but when the office of [chairman] chairperson of the 81
authority becomes vacant, the authority shall select a [chairman] 82
chairperson from among its commissioners. An authority shall select 83
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from among its commissioners a vice [chairman, and it] chairperson. 84
The authority may employ a secretary, who shall be the executive 85
director of the authority, and technical experts and such other officers, 86
agents and employees, permanent and temporary, as [it] the authority 87
requires. [, and] The authority shall determine [their] the qualifications, 88
duties and compensation [, provided,] for such experts, officers, agents 89
and employees, except that in municipalities having a civil service law, 90
all appointments and promotions, except the employment of the 91
secretary, shall be based on examinations given and lists prepared 92
under such law, and, [except so far as may be] unless inconsistent with 93
the terms of this chapter, such [civil service] law and regulations 94
adopted thereunder shall apply to such housing authority and its 95
personnel. For such legal services as it requires, an authority may 96
employ its own legal counsel and legal staff. An authority may delegate 97
any of its powers and duties to one or more of its agents or employees. 98
A commissioner, or any employee of the authority who handles its 99
funds, shall be required to furnish an adequate bond. The 100
commissioners shall serve without compensation, but shall be entitled 101
to reimbursement for their actual and necessary expenses incurred in 102
the performance of [their] such commissioners' official duties. 103
Sec. 3. Section 8-67 of the general statutes is repealed and the 104
following is substituted in lieu thereof (Effective October 1, 2025): 105
Any person injured in person or property within boundaries of 106
property owned or controlled by an authority, for which injury such 107
authority is or may be liable, may bring an action within two years after 108
the cause of action therefor arose to recover damages from such 109
authority, provided written notice of the intention to commence such 110
action and of the time when and the place where the damages were 111
incurred or sustained has been filed with the [chairman] chairperson or 112
the secretary of the authority within six months after the cause of action 113
therefor arose. 114
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 8-39(h)
Sec. 2 October 1, 2025 8-41(a)
Sec. 3 October 1, 2025 8-67
Statement of Purpose:
To permit the governing body of a municipality to make appointments
to the municipal housing authority.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. MESKERS, 150th Dist.; REP. ARZENO, 151st Dist.
H.B. 6534