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Connecticut House Bill HB06948

Connecticut 2025 Regular Session

Connecticut House Bill HB06948 Compare Versions

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55 General Assembly Raised Bill No. 6948
66 January Session, 2025
77 LCO No. 4337
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1010 Referred to Committee on HOUSING
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1919 AN ACT CONCERNING THE COLLATERAL CONSEQUENCES OF
2020 CRIMINAL RECORDS ON HOUSING OPPORTUNITIES.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 46a-64b of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective October 1, 2025): 2
2626 As used in sections 46a-51 to 46a-99, inclusive, as amended by this 3
2727 act, and section 2 of this act: 4
2828 (1) "Applicant" means any person considered for, or who requests to 5
2929 be considered for, tenancy within a dwelling. 6
3030 (2) "Background screening company" means any person, corporation, 7
3131 partnership or other entity that regularly engages in the practice of 8
3232 assembling, evaluating or disseminating criminal history information 9
3333 for monetary fees or subscriptions. 10
3434 (3) "Comparable unit" means a dwelling unit that is: (A) Located in 11
3535 the same building or complex as the originally offered unit or in a 12
3636 building or complex of similar quality within the same geographic area; 13
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4343 (B) substantially similar in size, features, amenities and rental price to 14
4444 the originally offered unit; (C) available for occupancy under 15
4545 substantially similar lease terms and conditions; and (D) compliant with 16
4646 all applicable housing quality standards and accessibility requirements. 17
4747 (4) "Conditional offer" means an offer to rent or lease a rental 18
4848 dwelling unit to an applicant that is contingent on a subsequent inquiry 19
4949 into the applicant's criminal record, or any other eligibility criteria that 20
5050 the housing provider may lawfully utilize. 21
5151 (5) "Conviction" means a judgment entered by a court upon a plea of 22
5252 guilty, a plea of nolo contendere or a finding of guilty by a jury or the 23
5353 court, notwithstanding any pending appeal or habeas corpus 24
5454 proceeding arising from such judgment. 25
5555 [(1)] (6) "Discriminatory housing practice" means any discriminatory 26
5656 practice specified in section 46a-64c or [section] 46a-81e or section 2 of 27
5757 this act. 28
5858 [(2)] (7) "Dwelling" means any building, structure, mobile 29
5959 manufactured home park or portion thereof which is occupied as, or 30
6060 designed or intended for occupancy as, a residence by one or more 31
6161 families, and any vacant land which is offered for sale or lease for the 32
6262 construction or location thereon of any such building, structure, mobile 33
6363 manufactured home park or portion thereof. 34
6464 [(3)] (8) "Fair Housing Act" means Title VIII of the Civil Rights Act of 35
6565 1968, as amended from time to time, and known as the federal Fair 36
6666 Housing Act (42 USC 3600-3620). 37
6767 [(4)] (9) "Family" includes a single individual. 38
6868 [(5)] (10) "Familial status" means one or more individuals who have 39
6969 not attained the age of eighteen years being domiciled with a parent or 40
7070 another person having legal custody of such individual or individuals; 41
7171 or the designee of such parent or other person having such custody with 42
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7878 the written permission of such parent or other person; or any person 43
7979 who is pregnant or is in the process of securing legal custody of any 44
8080 individual who has not attained the age of eighteen years. 45
8181 [(6)] (11) "Housing for older persons" means housing: (A) Provided 46
8282 under any state or federal program that the Secretary of the United 47
8383 States Department of Housing and Urban Development determines is 48
8484 specifically designed and operated to assist elderly persons as defined 49
8585 in the state or federal program; or (B) intended for, and solely occupied 50
8686 by, persons sixty-two years of age or older; or (C) intended and operated 51
8787 for occupancy by [at least] not fewer than one person fifty-five years of 52
8888 age or older per unit in accordance with the standards set forth in the 53
8989 Fair Housing Act and regulations developed pursuant thereto by the 54
9090 Secretary of the United States Department of Housing and Urban 55
9191 Development. 56
9292 (12) "Housing provider" means a landlord, as defined in section 47a-57
9393 1, an owner of a dwelling, an agent of such landlord or owner, a real 58
9494 estate agent, a property manager, a housing authority created pursuant 59
9595 to section 8-40, a public housing agency or other entity that provides 60
9696 dwelling units to tenants or prospective tenants. 61
9797 [(7)] (13) "Mobile manufactured home park" means a plot of land 62
9898 upon which two or more mobile manufactured homes occupied for 63
9999 residential purposes are located. 64
100100 [(8)] (14) "Physical or mental disability" includes, but is not limited to, 65
101101 intellectual disability, as defined in section 1-1g, and physical disability, 66
102102 as defined in subdivision (15) of section 46a-51, and also includes, but is 67
103103 not limited to, persons who have a handicap as that term is defined in 68
104104 the Fair Housing Act. 69
105105 [(9)] (15) "Residential-real-estate-related transaction" means (A) the 70
106106 making or purchasing of loans or providing other financial assistance 71
107107 for purchasing, constructing, improving, repairing or maintaining a 72
108108 dwelling, or secured by residential real estate; or (B) the selling, 73
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115115 brokering or appraising of residential real property. 74
116116 [(10)] (16) "To rent" includes to lease, to sublease, to let and to 75
117117 otherwise grant for a consideration the right to occupy premises not 76
118118 owned by the occupant. 77
119119 Sec. 2. (NEW) (Effective October 1, 2025) (a) Except as provided in 78
120120 subsections (g) and (h) of this section, it shall be a discriminatory 79
121121 housing practice in violation of this section for a housing provider to 80
122122 require an applicant to complete any housing application or to make any 81
123123 oral inquiry about an applicant's criminal record prior to the provision 82
124124 of a conditional offer. 83
125125 (b) Prior to accepting any application fee, a housing provider shall 84
126126 disclose in writing to the applicant: (1) Whether the eligibility criteria of 85
127127 the housing provider includes the review and consideration of criminal 86
128128 history; and (2) a statement that the applicant, pursuant to this 87
129129 subsection, may provide evidence demonstrating inaccuracies within 88
130130 the applicant's criminal record or evidence of rehabilitation or other 89
131131 mitigating factors. 90
132132 (c) After issuing a conditional offer to an applicant, a housing 91
133133 provider may only consider criminal convictions as follows, based on 92
134134 the law in the effect when the rental application is submitted: (1) 93
135135 Without any time limitation or age restriction, convictions for: (A) 94
136136 Murder as provided in section 53a-54a of the general statutes; (B) felony 95
137137 murder as provided in section 53a-54c of the general statutes; (C) 96
138138 trafficking in persons as provided in section 53a-192a of the general 97
139139 statutes; (D) a sexually violent offense as defined in section 54-250 of the 98
140140 general statutes; (E) one of the following violent felony offenses 99
141141 involving a firearm: (i) Kidnapping in the first degree with a firearm as 100
142142 provided in section 53a-92a of the general statutes; (ii) manslaughter in 101
143143 the first degree with a firearm as provided in section 53a-55a of the 102
144144 general statutes; (iii) kidnapping in the second degree with a firearm as 103
145145 provided in section 53a-94a of the general statutes; (iv) manslaughter in 104
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152152 the second degree with a firearm as provided in section 53a-56a of the 105
153153 general statutes; (v) assault in the second degree with a firearm resulting 106
154154 in serious physical injury as provided in section 53a-60a of the general 107
155155 statutes; or (vi) burglary in the second degree with a firearm as provided 108
156156 in section 53a-102a of the general statutes, (2) a conviction for a felony 109
157157 offense carrying a maximum term of imprisonment exceeding twenty 110
158158 years, provided the applicant's release from a correctional institution 111
159159 occurred within the five years immediately preceding the date the rental 112
160160 application is submitted, and the applicant was above the age of twenty-113
161161 four at the time the offense occurred, (3) a conviction for a felony offense 114
162162 carrying a maximum term of imprisonment between five and twenty 115
163163 years, inclusive, provided the applicant's release from a correctional 116
164164 institution occurred within the three years immediately preceding the 117
165165 date the rental application is submitted and the applicant was above the 118
166166 age of twenty-four at the time the offense occurred, or (4) a conviction 119
167167 for a felony offense carrying a maximum term of imprisonment of less 120
168168 than five years, provided the applicant's release from a correctional 121
169169 institution occurred within the one year immediately preceding the date 122
170170 the rental application is submitted and the applicant was above the age 123
171171 of twenty-four at the time the offense occurred. 124
172172 (d) For purposes of verifying an applicant's release date from a 125
173173 correctional institution under subsection (c) of this section, a housing 126
174174 provider shall accept as sufficient evidence of a release date any of the 127
175175 following forms of documentation, including, but not limited to: (1) 128
176176 Release documentation issued by the Department of Correction, (2) a 129
177177 certificate of discharge or similar official document or letter from the 130
178178 correctional institution from which such applicant was released, (3) 131
179179 documentation from the Board of Pardons and Parole confirming the 132
180180 release date, (4) court records indicating the release date, (5) a letter from 133
181181 a parole or probation officer confirming the release date, (6) a written 134
182182 statement from an authorized representative of a halfway house, reentry 135
183183 program or community organization providing reentry services to the 136
184184 individual, (7) records obtained from any publicly accessible state, 137
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191191 government or correctional database showing release date information, 138
192192 or (8) any other government-issued document that verifies the release 139
193193 date. Documentation provided under this subsection shall be deemed 140
194194 valid if it clearly states the release date and contains identifying 141
195195 information that reasonably matches the applicant. A housing provider 142
196196 shall not require multiple forms of documentation of the release date if 143
197197 one valid form is provided. 144
198198 (e) Within the applicable time period specified in subsection (c) of this 145
199199 section, before withdrawing a conditional offer based on the criminal 146
200200 conviction of any applicant, a housing provider shall consider (1) the 147
201201 nature and severity of the criminal offense, (2) the age of the applicant 148
202202 at the time of the offense, (3) the length of time elapsed since the offense, 149
203203 (4) the relationship, if any, the crime may have to the prospective 150
204204 tenancy of the convicted person, and (5) any information produced by 151
205205 the applicant, or produced on the applicant's behalf, regarding the 152
206206 applicant's rehabilitation or good conduct since the offense. 153
207207 (f) Upon withdrawing a conditional offer based on criminal history, 154
208208 the housing provider shall provide the applicant with written 155
209209 notification that includes, with specificity, the reason or reasons for the 156
210210 withdrawal of the conditional offer. 157
211211 (g) Background screening companies shall only report to housing 158
212212 providers criminal conviction information that housing providers are 159
213213 permitted to consider under subsection (c) of this section. 160
214214 (h) In ascertaining whether an applicant has committed a crime, a 161
215215 housing provider shall comply with all applicable laws, including, but 162
216216 not limited to, the Fair Credit Reporting Act, 15 USC 1681 et seq., as 163
217217 amended from time to time. An applicant's rental application may not 164
218218 be denied based on (1) an official or unofficial record of an arrest or a 165
219219 charge or other allegation of a criminal act not followed by a conviction, 166
220220 (2) a violation of a condition of probation or parole resulting from 167
221221 conduct that would not be a criminal act if it were not prohibited by 168
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228228 such condition, (3) a record of a conviction that has been erased, or (4) a 169
229229 conviction for conduct that occurred when the applicant was a minor. 170
230230 (i) Before withdrawing a conditional offer under this section, a 171
231231 housing provider shall provide written notice to the applicant that the 172
232232 offer requires further review due to the applicant's criminal record. The 173
233233 housing provider shall provide the applicant not less than five business 174
234234 days in which to respond to such notice and present relevant mitigating 175
235235 information regarding the conviction and evidence that the applicant 176
236236 would be a suitable tenant. Such evidence may include, but is not 177
237237 limited to, the following factors: (1) The nature and severity of the 178
238238 criminal offense, (2) the facts or circumstances surrounding the criminal 179
239239 conduct, (3) the age of the applicant at the time of the offense, (4) the 180
240240 length of time elapsed since the offense, (5) evidence the applicant has 181
241241 maintained a good tenant history before or after the offense, (6) the 182
242242 applicant's employment status, (7) any information produced by the 183
243243 applicant, or produced on the applicant's behalf, regarding the 184
244244 applicant's rehabilitation, good character or good conduct since the 185
245245 offense, and (8) any evidence that the offense is unlikely to reoccur. The 186
246246 housing provider shall issue a written decision to the applicant not later 187
247247 than ten business days after receiving the mitigating information that 188
248248 includes, with specificity, the reason or reasons for approval or 189
249249 withdrawal of the conditional offer. During such time period, the 190
250250 housing provider may continue to market and lease the unit to other 191
251251 applicants. If the unit is leased to another applicant and the original 192
252252 applicant is subsequently approved through the review process, the 193
253253 housing provider shall offer the applicant one or more comparable 194
254254 units, if such units exist, and provide the applicant the opportunity to 195
255255 lease one of the comparable units. 196
256256 (j) Housing providers shall maintain written records of their decision-197
257257 making process regarding applicants' criminal records for a minimum 198
258258 of three years following the date of the rental application. Such records 199
259259 shall include: (1) All application materials and criminal history 200
260260 information received, (2) documentation of the analysis conducted 201
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267267 under subsection (d) of this section, (3) copies of all notices and 202
268268 correspondence with the applicant, (4) written explanations of all 203
269269 decisions made, and (5) any other relevant documentation. 204
270270 (k) Except as provided in subsections (l) and (m) of this section, it 205
271271 shall be a discriminatory practice in violation of this section to (1) 206
272272 discriminate against any person in the terms, conditions or privileges of 207
273273 the rental of a dwelling unit, or in the provision of services or facilities 208
274274 in connection with the rental of such dwelling unit, because of such 209
275275 person's criminal conviction status, (2) make, print or publish, or cause 210
276276 to be made, printed or published, any notice, statement or 211
277277 advertisement with respect to the rental of a dwelling unit that indicates 212
278278 any preference, limitation or discrimination based on criminal 213
279279 conviction status, or an intention to make any such preference, 214
280280 limitation or discrimination, (3) represent to any person because of 215
281281 criminal conviction status that any dwelling unit is not available for 216
282282 inspection or rental if such dwelling unit is so available, and (4) inquire 217
283283 about an applicant's prior arrests, criminal charges or convictions on an 218
284284 initial application for rental of a dwelling unit unless required to do so 219
285285 by federal law. 220
286286 (l) The provisions of this section shall not apply to a person who 221
287287 applies for federally subsidized public housing who has a conviction for 222
288288 the manufacture or production of methamphetamine on the premises of 223
289289 federally assisted housing, or to a person who applies for federally 224
290290 subsidized public housing who is subject to a lifetime registration 225
291291 requirement under a state registration program pursuant to 24 CFR 226
292292 960.204 and 24 CFR 982.553. Nothing in this section shall be construed 227
293293 to limit the applicability of 24 CFR 960.204 or 24 CFR 982.553 regarding 228
294294 a public housing authority. 229
295295 (m) The provisions of this section shall not apply to (1) the rental of a 230
296296 room or rooms in a single-family dwelling if the owner maintains and 231
297297 occupies part of such dwelling as such owner's residence, or (2) a unit 232
298298 in a dwelling containing not more than four units if the owner maintains 233
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305305 and occupies one of such units as such owner's residence. 234
306306 (n) Nothing in this section shall be construed to limit the applicability 235
307307 of any reasonable statute or municipal ordinance restricting the 236
308308 maximum number of persons permitted to occupy a dwelling. 237
309309 (o) Any person aggrieved by a violation of this section may file a 238
310310 complaint not later than one hundred eighty days after the alleged act 239
311311 of discrimination, pursuant to section 46a-82 of the general statutes, as 240
312312 amended by this act. 241
313313 (p) Notwithstanding any other provision of chapter 814c of the 242
314314 general statutes, complaints alleging a violation of this section shall be 243
315315 investigated not later than one hundred days after filing and a final 244
316316 administrative disposition shall be made not later than one year after 245
317317 filing unless it is impracticable to do so. If the Commission on Human 246
318318 Rights and Opportunities is unable to complete its investigation or make 247
319319 a final administrative determination within such time frames, it shall 248
320320 notify the complainant and the respondent, in writing, of the reasons for 249
321321 not doing so. 250
322322 Sec. 3. (NEW) (Effective October 1, 2025) (a) Not later than November 251
323323 1, 2025, the Commission on Human Rights and Opportunities shall post, 252
324324 and thereafter update as necessary the following information: 253
325325 (1) A model initial disclosure statement on its Internet web site as 254
326326 indicated in subsection (b) of section 2 of this act that provides notice 255
327327 that a housing provider intends to review and consider a person's 256
328328 criminal record in determining eligibility for housing or in taking any 257
329329 other adverse housing action against that person. The statement shall 258
330330 also provide an explanation of the criminal records that may be 259
331331 considered and the manner in which they may be considered, in 260
332332 accordance with the provisions of subsection (c) of section 2 of this act, 261
333333 including information about acceptable forms of documentation to 262
334334 verify release dates from correctional institutions and that only one form 263
335335 of such documentation is required if it contains sufficient identifying 264
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342342 information. The statement shall also inform the person of the right to 265
343343 offer evidence of any mitigating facts or circumstances, including, but 266
344344 not limited to, the person's rehabilitation and good conduct since the 267
345345 criminal offense in question. 268
346346 (2) A model criminal record review notice on its Internet web site that 269
347347 (A) identifies the specific criminal record or records found that meet the 270
348348 criteria under subsection (c) of section 2 of this act; (B) explains how the 271
349349 criminal record or records relate to the housing provider's legitimate 272
350350 interests; and (C) specifies the time period in accordance with subsection 273
351351 (h) of section 2 of this act for submitting evidence of any mitigating facts 274
352352 or circumstances, including, but not limited to, the person's 275
353353 rehabilitation and good conduct since the criminal offense in question. 276
354354 (3) A model standardized evaluation form on its Internet web site for 277
355355 housing providers to use in evaluating evidence and other information 278
356356 received under subsection (c) of section 2 of this act. 279
357357 (b) Not later than November 1, 2025, the Commission on Human 280
358358 Rights and Opportunities shall develop and implement a mandatory 281
359359 training for housing providers on: (1) The requirements of section 2 of 282
360360 this act, (2) proper evaluation of criminal records, (3) fair housing laws 283
361361 and best practices, (4) implicit bias awareness, and (5) the consideration 284
362362 of mitigating evidence. 285
363363 (c) Not later than November 1, 2025, the Criminal Justice Policy and 286
364364 Planning Division within the Office of Policy and Management, in 287
365365 consultation with the Commission on Human Rights and 288
366366 Opportunities, legal experts and criminal justice professionals shall 289
367367 develop, publish and maintain a comprehensive guide detailing 290
368368 maximum sentences for felony offenses, as defined by current law. The 291
369369 guide shall be designed to assist housing providers in complying with 292
370370 section 2 of this act and making informed decisions. The guide shall be 293
371371 accessible in both digital and print formats, with consideration for users 294
372372 with disabilities, and shall include explanatory notes where necessary. 295
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379379 In preparing and updating the guide, the division shall consult with 296
380380 legal experts, criminal justice professionals and community 297
381381 stakeholders. The division shall review and update such guide at least 298
382382 annually, or more frequently as needed, to reflect changes in relevant 299
383383 laws or policies. 300
384384 Sec. 4. (NEW) (Effective October 1, 2025) (a) Any landlord subject to the 301
385385 provisions of section 2 of this act shall be immune from liability in any 302
386386 civil action arising as a result of the landlord's decision to rent to 303
387387 individuals with a criminal record or who were otherwise convicted of 304
388388 a criminal offense, or as a result of a landlord's decision to not engage in 305
389389 a criminal background screening. 306
390390 (b) Nothing in this section shall be construed to: (1) Grant immunity 307
391391 to a housing provider for failure to take reasonable action in connection 308
392392 with actual conduct by a tenant during the tenancy, (2) excuse a housing 309
393393 provider from stopping, preventing or remedying a hostile housing 310
394394 environment created by a tenant's actual conduct during the tenancy, or 311
395395 (3) limit any other legal obligations of the housing provider under state 312
396396 or federal law. 313
397397 Sec. 5. Section 8-45a of the general statutes is repealed and the 314
398398 following is substituted in lieu thereof (Effective October 1, 2025): 315
399399 A housing authority, as defined in subsection (b) of section 8-39, in 316
400400 determining eligibility for the rental of public housing units may 317
401401 establish criteria and consider relevant information concerning (1) an 318
402402 applicant's or any proposed occupant's history of criminal activity 319
403403 involving: (A) Crimes of physical violence to persons or property, (B) 320
404404 crimes involving the illegal manufacture, sale, distribution or use of, or 321
405405 possession with intent to manufacture, sell, use or distribute, a 322
406406 controlled substance, as defined in section 21a-240, or (C) other criminal 323
407407 acts which would adversely affect the health, safety or welfare of other 324
408408 tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 325
409409 of abuse, of alcohol when the housing authority has reasonable cause to 326
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416416 believe that such applicant's or proposed occupant's abuse, or pattern of 327
417417 abuse, of alcohol may interfere with the health, safety or right to 328
418418 peaceful enjoyment of the premises by other residents, and (3) an 329
419419 applicant or any proposed occupant who is subject to a lifetime 330
420420 registration requirement under section 54-252 on account of being 331
421421 convicted or found not guilty by reason of mental disease or defect of a 332
422422 sexually violent offense. In evaluating any such information, the 333
423423 housing authority shall give consideration to the time, nature and extent 334
424424 of the applicant's or proposed occupant's conduct and to factors which 335
425425 might indicate a reasonable probability of favorable future conduct such 336
426426 as evidence of rehabilitation and evidence of the willingness of the 337
427427 applicant, the applicant's family or the proposed occupant to participate 338
428428 in social service or other appropriate counseling programs and the 339
429429 availability of such programs. Except as otherwise provided by law, a 340
430430 housing authority shall limit its consideration of an applicant's or 341
431431 proposed occupant's history of criminal activity to the applicable time 342
432432 periods established under subsection (c) of section 2 of this act. 343
433433 Sec. 6. Subdivision (8) of section 46a-51 of the general statutes is 344
434434 repealed and the following is substituted in lieu thereof (Effective October 345
435435 1, 2025): 346
436436 (8) "Discriminatory practice" means a violation of section 4a-60, 4a-347
437437 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 348
438438 subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 349
439439 and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 350
440440 section 2 of this act, section 46a-66 or 46a-68, sections 46a-68c to 46a-68f, 351
441441 inclusive, sections 46a-70 to 46a-78, inclusive, subsection (a) of section 352
442442 46a-80, sections 46a-81b to 46a-81o, inclusive, sections 46a-80b to 46a-353
443443 80e, inclusive, sections 46a-80k to 46a-80m, inclusive, or section 19a-354
444444 498c; 355
445445 Sec. 7. Subdivision (14) of section 46a-54 of the general statutes is 356
446446 repealed and the following is substituted in lieu thereof (Effective October 357
447447 1, 2025): 358
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454454 (14) To require the posting, by any respondent or other person subject 359
455455 to the requirements of section 46a-64, 46a-64c, section 2 of this act, 360
456456 section 46a-81d or 46a-81e, of such notices of statutory provisions as it 361
457457 deems desirable; 362
458458 Sec. 8. Section 46a-74 of the general statutes is repealed and the 363
459459 following is substituted in lieu thereof (Effective October 1, 2025): 364
460460 No state department, board or agency may permit any 365
461461 discriminatory practice in violation of section 46a-59, 46a-64, 46a-64c, 366
462462 section 2 of this act, sections 46a-80b to 46a-80e, inclusive, or 46a-80k to 367
463463 46a-80m, inclusive. 368
464464 Sec. 9. Subsection (a) of section 46a-82 of the general statutes is 369
465465 repealed and the following is substituted in lieu thereof (Effective October 370
466466 1, 2025): 371
467467 (a) Any person claiming to be aggrieved by an alleged discriminatory 372
468468 practice, except for an alleged violation of section 4a-60g or 46a-68 or the 373
469469 provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 374
470470 herself or by such person's attorney, file with the commission a 375
471471 complaint in writing under oath, except that a complaint that alleges a 376
472472 violation of section 46a-64c or section 2 of this act need not be notarized. 377
473473 The complaint shall state the name and address of the person alleged to 378
474474 have committed the discriminatory practice, provide a short and plain 379
475475 statement of the allegations upon which the claim is based and contain 380
476476 such other information as may be required by the commission. The 381
477477 commission whenever it has reason to believe that a person who is 382
478478 named as party to a discriminatory practice complaint has engaged or 383
479479 is engaged in conduct that constitutes a violation of part VI, of chapter 384
480480 952, may refer such matter to the Office of the Chief State's Attorney and 385
481481 said office shall conduct a further investigation as deemed necessary. 386
482482 After the filing of a complaint, the commission shall provide the 387
483483 complainant with a notice that: (1) Acknowledges receipt of the 388
484484 complaint; and (2) advises of the time frames and choice of forums 389
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491491 available under this chapter. 390
492492 Sec. 10. Subsections (a) to (c), inclusive, of section 46a-83 of the 391
493493 general statutes are repealed and the following is substituted in lieu 392
494494 thereof (Effective October 1, 2025): 393
495495 (a) Not later than fifteen days after the date of filing of any 394
496496 discriminatory practice complaint pursuant to subsection (a) or (b) of 395
497497 section 46a-82 as amended by this act, or an amendment to such 396
498498 complaint adding an additional respondent, the commission shall serve 397
499499 the respondent as provided in section 46a-86a with the complaint and a 398
500500 notice advising of the procedural rights and obligations of a respondent 399
501501 under this chapter. The respondent shall either (1) file a written answer 400
502502 to the complaint as provided in subsection (b) of this section, or (2) not 401
503503 later than ten days after the date of receipt of the complaint, provide 402
504504 written notice to the complainant and the commission that the 403
505505 respondent has elected to participate in pre-answer conciliation, except 404
506506 that a discriminatory practice complaint alleging a violation of section 405
507507 46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A 406
508508 complaint sent by first class mail shall be considered to be received not 407
509509 later than two days after the date of mailing, unless the respondent 408
510510 proves otherwise. The commission shall conduct a pre-answer 409
511511 conciliation conference not later than thirty days after the date of 410
512512 receiving the respondent's request for pre-answer conciliation. 411
513513 (b) Except as provided in this subsection, not later than thirty days 412
514514 after the date (1) of receipt of the complaint, or (2) on which the 413
515515 commission determines that the pre-answer conciliation conference was 414
516516 unsuccessful, the respondent shall file a written answer to the 415
517517 complaint, under oath, with the commission. The respondent may 416
518518 request, and the commission may grant, one extension of time of not 417
519519 more than fifteen days within which to file a written answer to the 418
520520 complaint. An answer to any amendment to a complaint shall be filed 419
521521 within twenty days of the date of receipt [to] of such amendment. The 420
522522 answer to any complaint alleging a violation of section 46a-64c, section 421
523523 Raised Bill No. 6948
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527527 LCO No. 4337 15 of 19
528528
529529 2 of this act or section 46a-81e shall be filed not later than ten days after 422
530530 the date of receipt of the complaint. 423
531531 (c) Not later than sixty days after the date of the filing of the 424
532532 respondent's answer, the executive director or the executive director's 425
533533 designee shall conduct a case assessment review to determine whether 426
534534 the complaint should be retained for further processing or dismissed 427
535535 because (1) it fails to state a claim for relief or is frivolous on its face, (2) 428
536536 the respondent is exempt from the provisions of this chapter, or (3) there 429
537537 is no reasonable possibility that investigating the complaint will result 430
538538 in a finding of reasonable cause. The case assessment review shall 431
539539 include the complaint, the respondent's answer and the responses to the 432
540540 commission's requests for information, and the complainant's 433
541541 comments, if any, to the respondent's answer and information 434
542542 responses. The executive director or the executive director's designee 435
543543 shall send notice of any action taken pursuant to the case assessment 436
544544 review in accordance with the provisions of section 46a-86a. For any 437
545545 complaint dismissed pursuant to this subsection, the executive director 438
546546 or the executive director's designee shall issue a release of jurisdiction 439
547547 allowing the complainant to bring a civil action under section 46a-100. 440
548548 This subsection and subsection (e) of this section shall not apply to any 441
549549 complaint alleging a violation of section 46a-64c, section 2 of this act or 442
550550 section 46a-81e. The executive director shall report the results of the case 443
551551 assessment reviews made pursuant to this subsection to the commission 444
552552 quarterly during each year. 445
553553 Sec. 11. Subdivision (2) of subsection (g) of section 46a-83 of the 446
554554 general statutes is repealed and the following is substituted in lieu 447
555555 thereof (Effective October 1, 2025): 448
556556 (2) If the investigator makes a finding that there is reasonable cause 449
557557 to believe that a violation of section 46a-64c or section 2 of this act has 450
558558 occurred, the complainant and the respondent shall have twenty days 451
559559 from sending of the reasonable cause finding to elect a civil action in lieu 452
560560 of an administrative hearing pursuant to section 46a-84. If either the 453
561561 Raised Bill No. 6948
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566566
567567 complainant or the respondent requests a civil action, the commission, 454
568568 through the Attorney General or a commission legal counsel, shall 455
569569 commence an action pursuant to subsection (b) of section 46a-89, as 456
570570 amended by this act, not later than ninety days after the date of receipt 457
571571 of the notice of election. If the Attorney General or a commission legal 458
572572 counsel believes that injunctive relief, punitive damages or a civil 459
573573 penalty would be appropriate, such relief, damages or penalty may also 460
574574 be sought. The jurisdiction of the Superior Court in an action brought 461
575575 under this subdivision shall be limited to such claims, counterclaims, 462
576576 defenses or the like that could be presented at an administrative hearing 463
577577 before the commission, had the complaint remained with the 464
578578 commission for disposition. A complainant may intervene as a matter 465
579579 of right in a civil action without permission of the court or the parties to 466
580580 such action. If the Attorney General or commission legal counsel, as the 467
581581 case may be, determines that the interests of the state will not be 468
582582 adversely affected, the complainant or attorney for the complainant 469
583583 shall present all or part of the case in support of the complaint. If the 470
584584 Attorney General or a commission legal counsel determines that a 471
585585 material mistake of law or fact has been made in the finding of 472
586586 reasonable cause, the Attorney General or a commission legal counsel 473
587587 may decline to bring a civil action and shall remand the file to the 474
588588 investigator for further action. The investigator shall complete any such 475
589589 action not later than ninety days after receipt of such file. 476
590590 Sec. 12. Subsection (c) of section 46a-86 of the general statutes is 477
591591 repealed and the following is substituted in lieu thereof (Effective October 478
592592 1, 2025): 479
593593 (c) In addition to any other action taken under this section, upon a 480
594594 finding of a discriminatory practice prohibited by section 46a-58, 46a-481
595595 59, 46a-64, 46a-64c, section 2 of this act, section 46a-81b, 46a-81d or 46a-482
596596 81e, the presiding officer shall determine the damage suffered by the 483
597597 complainant, which damage shall include, but not be limited to, the 484
598598 expense incurred by the complainant for obtaining alternate housing or 485
599599 space, storage of goods and effects, moving costs and other costs 486
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605605
606606 actually incurred by the complainant as a result of such discriminatory 487
607607 practice and shall allow reasonable attorney's fees and costs. The 488
608608 amount of attorney's fees allowed shall not be contingent upon the 489
609609 amount of damages requested by or awarded to the complainant. 490
610610 Sec. 13. Subdivision (1) of subsection (b) of section 46a-89 of the 491
611611 general statutes is repealed and the following is substituted in lieu 492
612612 thereof (Effective October 1, 2025): 493
613613 (b) (1) Whenever a complaint filed pursuant to section 46a-82, alleges 494
614614 a violation of section 46a-64, 46a-64c, section 2 of this act, section 46a-495
615615 81d or 46a-81e, and the commission believes that injunctive relief is 496
616616 required or that the imposition of punitive damages or a civil penalty 497
617617 would be appropriate, the commission may bring a petition in the 498
618618 superior court for the judicial district in which the discriminatory 499
619619 practice which is the subject of the complaint occurred or the judicial 500
620620 district in which the respondent resides. 501
621621 Sec. 14. Subsection (b) of section 46a-90a of the general statutes is 502
622622 repealed and the following is substituted in lieu thereof (Effective October 503
623623 1, 2025): 504
624624 (b) When the presiding officer finds that the respondent has engaged 505
625625 in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-506
626626 64c, section 2 of this act, section 46a-81c, 46a-81d or 46a-81e and grants 507
627627 relief on the complaint, requiring that a temporary injunction remain in 508
628628 effect, the executive director may, through the procedure outlined in 509
629629 subsection (a) of section 46a-95, petition the court which granted the 510
630630 original temporary injunction to make the injunction permanent. 511
631631 Sec. 15. Section 46a-98a of the general statutes is repealed and the 512
632632 following is substituted in lieu thereof (Effective October 1, 2025): 513
633633 Any person claiming to be aggrieved by a violation of section 46a-514
634634 64c, section 2 of this act, or section 46a-81e or by a breach of a conciliation 515
635635 agreement entered into pursuant to this chapter, may bring an action in 516
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641641
642642 the Superior Court, or the housing session of said court if appropriate 517
643643 within one year of the date of the alleged discriminatory practice or of a 518
644644 breach of a conciliation agreement entered into pursuant to this chapter. 519
645645 No action pursuant to this section may be brought in the Superior Court 520
646646 regarding the alleged discriminatory practice after the commission has 521
647647 obtained a conciliation agreement pursuant to section 46a-83, as 522
648648 amended by this act, or commenced a hearing pursuant to section 46a-523
649649 84, except for an action to enforce the conciliation agreement. The court 524
650650 shall have the power to grant relief, by injunction or otherwise, as it 525
651651 deems just and suitable. The court may grant any relief which a 526
652652 presiding officer may grant in a proceeding under section 46a-86, as 527
653653 amended by this act, or which the court may grant in a proceeding 528
654654 under section 46a-89 as amended by this act. The commission, through 529
655655 commission legal counsel or the Attorney General, may intervene as a 530
656656 matter of right in any action brought pursuant to this section without 531
657657 permission of the court or the parties. 532
658658 Sec. 16. Subdivision (1) of subsection (a) of section 47a-23c of the 533
659659 general statutes is repealed and the following is substituted in lieu 534
660660 thereof (Effective October 1, 2025): 535
661661 (a) (1) Except as provided in subdivision (2) of this subsection, this 536
662662 section applies to any tenant who resides in a building or complex 537
663663 consisting of five or more separate dwelling units or who resides in a 538
664664 mobile manufactured home park and who is either: (A) Sixty-two years 539
665665 of age or older, or whose spouse, sibling, parent or grandparent is sixty-540
666666 two years of age or older and permanently resides with that tenant, or 541
667667 (B) a person with a physical or mental disability, as defined in 542
668668 subdivision [(12)] (10) of section 46a-64b, as amended by this act, or 543
669669 whose spouse, sibling, child, parent or grandparent is a person with a 544
670670 physical or mental disability who permanently resides with that tenant, 545
671671 but only if such disability can be expected to result in death or to last for 546
672672 a continuous period of at least twelve months. 547
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678678
679679 This act shall take effect as follows and shall amend the following
680680 sections:
681681
682682 Section 1 October 1, 2025 46a-64b
683683 Sec. 2 October 1, 2025 New section
684684 Sec. 3 October 1, 2025 New section
685685 Sec. 4 October 1, 2025 New section
686686 Sec. 5 October 1, 2025 8-45a
687687 Sec. 6 October 1, 2025 46a-51(8)
688688 Sec. 7 October 1, 2025 46a-54(14)
689689 Sec. 8 October 1, 2025 46a-74
690690 Sec. 9 October 1, 2025 46a-82(a)
691691 Sec. 10 October 1, 2025 46a-83(a) to (c)
692692 Sec. 11 October 1, 2025 46a-83(g)(2)
693693 Sec. 12 October 1, 2025 46a-86(c)
694694 Sec. 13 October 1, 2025 46a-89(b)(1)
695695 Sec. 14 October 1, 2025 46a-90a(b)
696696 Sec. 15 October 1, 2025 46a-98a
697697 Sec. 16 October 1, 2025 47a-23c(a)(1)
698698
699699 Statement of Purpose:
700700 To prohibit housing providers from considering a prospective tenant's
701701 felony conviction in connection with a rental application after certain
702702 time periods.
703703
704704 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
705705 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
706706 underlined.]
707707