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Connecticut Senate Bill SB01267

Connecticut 2025 Regular Session

Connecticut Senate Bill SB01267 Compare Versions

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33 LCO No. 4064 1 of 21
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55 General Assembly Raised Bill No. 1267
66 January Session, 2025
77 LCO No. 4064
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1010 Referred to Committee on HOUSING
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1313 Introduced by:
1414 (HSG)
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1919 AN ACT CONCERNING HOUSING AUTHORITY JURISDICTION.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. Section 8-39 of the general statutes is repealed and the 1
2424 following is substituted in lieu thereof (Effective July 1, 2025): 2
2525 The following terms, wherever used or referred to in this chapter, 3
2626 [shall] have the following respective meanings, unless a different 4
2727 meaning clearly appears from the context: 5
2828 [(a)] (1) "Area of operation" [includes the municipality in which a 6
2929 housing authority is created under the provisions of this chapter and 7
3030 may include a neighboring municipality, provided the governing body 8
3131 of such neighboring municipality agrees by proper resolution to the 9
3232 extension of the area of operation to include such neighboring 10
3333 municipality] means a municipal area of operation and, if adopted by a 11
3434 housing authority, includes an expanded area of operation. 12
3535 [(b)] (2) "Authority" or "housing authority" means any of the public 13
3636 corporations created by section 8-40, as amended by this act, and the 14
3737 Connecticut Housing Authority when exercising the rights, powers, 15
3838 Raised Bill No. 1267
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4444 duties or privileges of, or subject to the immunities or limitations of, 16
4545 housing authorities pursuant to section 8-121. 17
4646 [(c)] (3) "Bonds" means any bonds, including refunding bonds, notes, 18
4747 interim certificates, debentures or other obligations issued by the 19
4848 authority pursuant to this chapter. 20
4949 [(d)] (4) "Clerk" means the clerk of the particular city, borough or 21
5050 town for which a particular housing authority is created. 22
5151 (5) "Eligible developer" or "developer" means (A) a nonprofit 23
5252 corporation; (B) any business corporation incorporated pursuant to 24
5353 chapter 601 or any predecessor statutes thereto, having as one of its 25
5454 purposes the construction, rehabilitation, ownership or operation of 26
5555 housing, and having articles of incorporation approved by the 27
5656 commissioner in accordance with regulations adopted pursuant to 28
5757 section 8-79a or 8-84; (C) any partnership, limited partnership, joint 29
5858 venture, trust, limited liability company or association having as one of 30
5959 its purposes the construction, rehabilitation, ownership or operation of 31
6060 housing, and having basic documents of organization approved by the 32
6161 commissioner in accordance with regulations adopted pursuant to 33
6262 section 8-79a or 8-84; (D) a housing authority; (E) a family or person 34
6363 approved by the commissioner as qualified to own, construct, 35
6464 rehabilitate, manage and maintain housing under a mortgage loan made 36
6565 or insured under an agreement entered into pursuant to the provisions 37
6666 of this chapter; or (F) a municipal developer. 38
6767 (6) "Expanded area of operation" means an area in a municipality 39
6868 adopted by a housing authority under section 8-40, as amended by this 40
6969 act, other than the municipality in which the housing authority is 41
7070 located. 42
7171 [(e)] (7) "Families of low income" means families who lack the amount 43
7272 of income [which] that is necessary, as determined by the authority 44
7373 undertaking the housing project, to enable them, without financial 45
7474 assistance, to live in decent, safe and sanitary dwellings, without 46
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8181 overcrowding. 47
8282 [(f)] (8) "Families of low and moderate income" means families who 48
8383 lack the amount of income [which] that is necessary, as determined by 49
8484 the Commissioner of Housing, to enable them to rent or purchase 50
8585 moderate cost housing without financial assistance as provided by this 51
8686 part and parts II and III of this chapter. 52
8787 (9) "Family" means a household consisting of one or more persons. 53
8888 [(g)] (10) "Federal government" includes the United States of 54
8989 America, the federal emergency administration of public works or any 55
9090 other agency or instrumentality, corporate or otherwise, of the United 56
9191 States of America. 57
9292 [(h)] (11) "Governing body" means, for towns having a town council, 58
9393 the council; for other towns, the selectmen; for cities, the common 59
9494 council or other similar body of officials; and for boroughs, the warden 60
9595 and burgesses. 61
9696 [(i)] (12) "Housing project" means any work or undertaking [(1)] to 62
9797 (A) demolish, clear or remove buildings from any slum area, which 63
9898 work or undertaking may embrace the adaptation of such area to public 64
9999 purposes, including parks or other recreational or community purposes; 65
100100 [or (2) to] (B) provide decent, safe and sanitary urban or rural dwellings, 66
101101 apartments or other living accommodations for families of low or 67
102102 moderate income, which work or undertaking may include buildings, 68
103103 land, equipment, facilities and other real or personal property for 69
104104 necessary, convenient or desirable appurtenances, streets, sewers, water 70
105105 service, parks, site preparation, gardening, administrative, community, 71
106106 recreational, commercial or welfare purposes and may include the 72
107107 acquisition and rehabilitation of existing dwelling units or structures to 73
108108 be used for moderate or low rental units; or [(3) to] (C) accomplish a 74
109109 combination of the foregoing. [The term "housing project" also may be 75
110110 applied to] "Housing project" includes the planning of the buildings and 76
111111 improvements, the acquisition of property, the demolition of existing 77
112112 Raised Bill No. 1267
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118118 structures, the construction, reconstruction, alteration and repair of the 78
119119 improvements and all other work in connection therewith and may 79
120120 include the reconstruction, rehabilitation, alteration, or major repair of 80
121121 existing buildings or improvements [which] that were undertaken 81
122122 pursuant to parts II and VI of this chapter. 82
123123 [(j) "Mayor" means, for cities, the mayor and, for boroughs, the 83
124124 warden.] 84
125125 [(k)] (13) "Moderate rental" means a rental [which] that, as 85
126126 determined by an authority with the concurrence of the Commissioner 86
127127 of Housing, is below the level at which private enterprise is currently 87
128128 building a needed volume of safe and sanitary dwellings for rental in 88
129129 the locality involved; and "moderate rental housing project" means a 89
130130 housing project, receiving state aid in the form of loans or grants, for 90
131131 families unable to pay more than moderate rental. [Such project may 91
132132 include] "Moderate rental housing project" includes the reconstruction, 92
133133 rehabilitation, alteration, or major repair of existing buildings or 93
134134 improvements [which] that were undertaken pursuant to parts II or VI 94
135135 of this chapter. 95
136136 (14) "Mortgage" means a mortgage deed, deed of trust, or other 96
137137 instrument that constitutes a lien, regardless of priority, on real estate or 97
138138 on a leasehold interest under a lease having a remaining term, at the 98
139139 time such mortgage is executed, that does not expire for at least that 99
140140 number of years beyond the maturity date of the obligation secured by 100
141141 such mortgage as is equal to the number of years remaining until the 101
142142 maturity date of such obligation. 102
143143 (15) "Municipal area of operation" includes the municipality in which 103
144144 a housing authority is created under the provisions of this chapter and 104
145145 may include any other municipality, as provided in section 8-40, as 105
146146 amended by this act. 106
147147 (16) "Municipal developer" means a municipality that has not 107
148148 declared by resolution a need for a housing authority pursuant to 108
149149 Raised Bill No. 1267
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155155 section 8-40, as amended by this act, acting by and through its legislative 109
156156 body, except that in any town in which a town meeting or representative 110
157157 town meeting is the legislative body, "municipal developer" means the 111
158158 board of selectmen if such board is authorized to act as the municipal 112
159159 developer by the town meeting or representative town meeting. 113
160160 [(l)] (17) "Municipality" means any city, borough or town. "The 114
161161 municipality" means the particular municipality for which a particular 115
162162 housing authority is created. 116
163163 (18) "Nonprofit corporation" means a nonprofit corporation 117
164164 incorporated pursuant to chapter 602 or any predecessor statutes 118
165165 thereto, having as one of its purposes the construction, rehabilitation, 119
166166 ownership or operation of housing and having articles of incorporation 120
167167 approved by the Commissioner of Housing in accordance with 121
168168 regulations adopted pursuant to section 8-79a or 8-84. 122
169169 [(m)] (19) "Obligee of the authority" or "obligee" includes any 123
170170 bondholder, trustee or trustees for any bondholders, or lessor demising 124
171171 to the authority property used in connection with a housing project, or 125
172172 any assignee or assignees of such lessor's interest or any part thereof, 126
173173 and the state or federal government when it is a party to any contract 127
174174 with the authority. 128
175175 [(n)] (20) "Real property" includes all lands, including improvements 129
176176 and fixtures thereon, and property of any nature appurtenant thereto, 130
177177 or used in connection therewith, and every estate, interest and right, 131
178178 legal or equitable, therein, including terms for years and liens by way of 132
179179 judgment, mortgage or otherwise and the indebtedness secured by such 133
180180 liens. 134
181181 [(o)] (21) "Rent" means the entire amount paid to an authority for any 135
182182 dwelling unit. 136
183183 [(p)] (22) "Shelter rent" means rent less any charges made by an 137
184184 authority for water, heat, gas and electricity. 138
185185 Raised Bill No. 1267
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191191 [(q)] (23) "Slum" means any area where dwellings predominate 139
192192 [which] that, by reason of dilapidation, overcrowding, faulty 140
193193 arrangement or design, lack of ventilation, light or sanitary facilities, or 141
194194 any combination of these factors, are detrimental to safety, health and 142
195195 morals. 143
196196 [(r)] (24) "State public body" means any city, borough, town, 144
197197 municipal corporation, district or other subdivision of the state. 145
198198 [(s)] (25) "Veteran" has the same meaning [assigned by] as provided 146
199199 in section 27-103 and includes any officer of the United States Public 147
200200 Health Service detailed by proper authority to duty with any of the 148
201201 armed forces and the spouse or widow or widower of such veteran, 149
202202 provided such veteran [shall have] served for a period of ninety days or 150
203203 more in time of war after December 7, 1941, and [shall have] resided in 151
204204 this state at any time continuously for two years. 152
205205 [(t) "Family" means a household consisting of one or more persons. 153
206206 (u) "Eligible developer" or "developer" means (1) a nonprofit 154
207207 corporation; (2) any business corporation incorporated pursuant to 155
208208 chapter 601 or any predecessor statutes thereto, having as one of its 156
209209 purposes the construction, rehabilitation, ownership or operation of 157
210210 housing, and having articles of incorporation approved by the 158
211211 commissioner in accordance with regulations adopted pursuant to 159
212212 section 8-79a or 8-84; (3) any partnership, limited partnership, joint 160
213213 venture, trust, limited liability company or association having as one of 161
214214 its purposes the construction, rehabilitation, ownership or operation of 162
215215 housing, and having basic documents of organization approved by the 163
216216 commissioner in accordance with regulations adopted pursuant to 164
217217 section 8-79a or 8-84; (4) a housing authority; (5) a family or person 165
218218 approved by the commissioner as qualified to own, construct, 166
219219 rehabilitate, manage and maintain housing under a mortgage loan made 167
220220 or insured under an agreement entered into pursuant to the provisions 168
221221 of this chapter; or (6) a municipal developer. 169
222222 Raised Bill No. 1267
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227227
228228 (v) "Mortgage" means a mortgage deed, deed of trust, or other 170
229229 instrument which shall constitute a lien, whether first or second, on real 171
230230 estate or on a leasehold under a lease having a remaining term, at the 172
231231 time such mortgage is acquired, which does not expire for at least that 173
232232 number of years beyond the maturity date of the obligation secured by 174
233233 such mortgage as is equal to the number of years remaining until the 175
234234 maturity date of such obligation. 176
235235 (w) "Nonprofit corporation" means a nonprofit corporation 177
236236 incorporated pursuant to chapter 602 or any predecessor statutes 178
237237 thereto, having as one of its purposes the construction, rehabilitation, 179
238238 ownership or operation of housing and having articles of incorporation 180
239239 approved by the Commissioner of Housing in accordance with 181
240240 regulations adopted pursuant to section 8-79a or 8-84. 182
241241 (x) "Municipal developer" means a municipality, as defined in 183
242242 subsection (l) of this section, which has not declared by resolution a need 184
243243 for a housing authority pursuant to section 8-40, acting by and through 185
244244 its legislative body, except that in any town in which a town meeting or 186
245245 representative town meeting is the legislative body, "municipal 187
246246 developer" means the board of selectmen if such board is authorized to 188
247247 act as the municipal developer by the town meeting or representative 189
248248 town meeting.] 190
249249 Sec. 2. Section 8-40 of the general statutes is repealed and the 191
250250 following is substituted in lieu thereof (Effective July 1, 2025): 192
251251 (a) In each municipality of the state there is created a public body 193
252252 corporate and politic to be known as the "housing authority" of the 194
253253 municipality, [;] provided such authority shall not transact any business 195
254254 or exercise its powers [hereunder] under this section until the governing 196
255255 body of the municipality by resolution declares that there is need for a 197
256256 housing authority in the municipality. [, provided it] Within such 198
257257 resolution, the governing body shall find [(1)] that (1) insanitary or 199
258258 unsafe inhabited dwelling accommodations exist in the municipality, 200
259259 Raised Bill No. 1267
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265265 [or] (2) [that] there is a shortage of safe or sanitary dwelling 201
266266 accommodations in the municipality available to families of low income 202
267267 at rentals they can afford, or (3) [that] there is a shortage of safe or 203
268268 sanitary dwelling accommodations in the municipality available to 204
269269 families of moderate income at rentals they can afford. In determining 205
270270 whether dwelling accommodations are unsafe or insanitary, [said] such 206
271271 governing body may take into consideration the degree of 207
272272 overcrowding, the percentage of land coverage, the light, air, space and 208
273273 access available to the inhabitants of such dwelling accommodations, 209
274274 the size and arrangement of the rooms, the sanitary facilities and the 210
275275 extent to which conditions exist in such buildings [which] that endanger 211
276276 life or property by fire or other causes. 212
277277 (b) The governing bodies of two or more municipalities may create a 213
278278 regional housing authority, which shall have all the powers, duties and 214
279279 responsibilities conferred upon housing authorities by this chapter and 215
280280 chapter 130. The area of operation of such authority shall include the 216
281281 municipalities for which such authority is created and any expanded 217
282282 area of operation adopted by such authority. Such authority shall act 218
283283 through a board of commissioners composed of two representatives 219
284284 from each municipality appointed for terms of four years in the manner 220
285285 provided in section 8-41. 221
286286 (c) Any housing authority or regional housing authority established 222
287287 pursuant to this section may adopt an expanded area of operation. 223
288288 Sec. 3. Section 8-44b of the general statutes is repealed and the 224
289289 following is substituted in lieu thereof (Effective July 1, 2025): 225
290290 (a) Any housing authority created by section 8-40, as amended by this 226
291291 act, shall have the power to establish and maintain a housing authority 227
292292 police force, [the] except that no housing authority shall have the power 228
293293 to establish or maintain a housing authority police force in an expanded 229
294294 area of operation. The members of [which] any such housing authority 230
295295 police force shall be employees of such housing authority and shall be 231
296296 Raised Bill No. 1267
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302302 known as housing authority police officers. Housing authority police 232
303303 officers shall be appointed by the local board, agency or person 233
304304 empowered to appoint municipal police officers, subject to approval [of] 234
305305 by the housing authority. The requirements for appointment as a police 235
306306 officer in the municipality in which the housing authority is located, 236
307307 except for age and physical qualifications, shall be mandatory for 237
308308 housing authority police officers in such municipality. No person shall 238
309309 be appointed to such housing authority police force unless [he] such 239
310310 person has been awarded a certificate attesting to [his] such person's 240
311311 successful completion of an approved municipal police basic training 241
312312 program, as provided in section 7-294e. The initial appointment shall be 242
313313 for a probationary term upon completion of which the appointing 243
314314 authority may promote such probationary officers to permanent status; 244
315315 provided such promotion shall be in accordance with procedures 245
316316 applicable to municipal police officers in the municipality and shall be 246
317317 made subject to the approval of the housing authority. Housing 247
318318 authority police officers shall have and exercise the powers and 248
319319 authority conferred upon municipal police officers and shall be subject 249
320320 to the ultimate supervision and control of the chief of police of the 250
321321 municipality in which the housing authority operates. 251
322322 (b) Notwithstanding the provisions of subsection (a) of this section, 252
323323 any housing authority police force [which] that existed prior to October 253
324324 1, 1970, pursuant to Title 1 of Public Law 89-754, 80 Stat. 1255, the 254
325325 Demonstration Cities and Metropolitan Development Act of 1966, and 255
326326 [which] that, for any reason, does not constitute a housing authority 256
327327 police force pursuant to subsection (a) of this section, shall constitute a 257
328328 housing authority police force pursuant to this subsection and the 258
329329 members of any such police [forces] force may exercise the powers 259
330330 granted to such members pursuant to this subsection. The members of 260
331331 such police force may act, at the expense of the municipality, as special 261
332332 police officers upon property owned or managed by any housing 262
333333 authority. Such special police officers: (1) May arrest, without previous 263
334334 complaint and warrant, any person for any offense in their jurisdiction, 264
335335 Raised Bill No. 1267
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341341 when such person is taken or apprehended in the act or on the speedy 265
342342 information of others; (2) when in the immediate pursuit of one who 266
343343 may be arrested under the provisions of this subsection, may pursue 267
344344 such offender outside of their jurisdiction into any part of the 268
345345 municipality to effect an arrest; (3) shall be peace officers as defined in 269
346346 subdivision (9) of section 53a-3; (4) shall have the authority to serve 270
347347 criminal process within their jurisdiction; (5) shall, when on duty, wear 271
348348 a uniform, distinct in color from that worn by the police officers of the 272
349349 municipality; (6) shall, when on duty, wear in plain view a shield, 273
350350 distinct in shape from that worn by the police officers of the 274
351351 municipality which [shall bear] bears the words "special police"; (7) shall 275
352352 complete a forty-hour basic training program provided by the 276
353353 municipality within one hundred eighty days of June 27, 1983; and (8) 277
354354 shall take an oath of office. 278
355355 Sec. 4. Section 8-50 of the general statutes is repealed and the 279
356356 following is substituted in lieu thereof (Effective July 1, 2025): 280
357357 An authority shall have the right to acquire by the exercise of the 281
358358 power of eminent domain any real property [which] that is not located 282
359359 in an expanded area of operation if it deems such property necessary for 283
360360 its purposes under this chapter after the adoption by [it] such authority 284
361361 of a resolution declaring that the acquisition of such real property 285
362362 described [therein] in such resolution is necessary for such purposes. An 286
363363 authority, in its own name and at its own expense and cost, may prefer 287
364364 a petition and exercise the power of eminent domain in the manner 288
365365 provided in section 48-12 and acts supplementary thereto, except that a 289
366366 housing authority's power of eminent domain shall not extend to an 290
367367 expanded area of operation. Property already devoted to a public use 291
368368 may be acquired, provided no real property belonging to the 292
369369 municipality, the state or any political subdivision thereof may be 293
370370 acquired without its consent. 294
371371 Sec. 5. Section 8-45a of the general statutes is repealed and the 295
372372 following is substituted in lieu thereof (Effective July 1, 2025): 296
373373 Raised Bill No. 1267
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378378
379379 A housing authority, [as defined in subsection (b) of section 8-39,] in 297
380380 determining eligibility for the rental of public housing units, may 298
381381 establish criteria and consider relevant information concerning (1) an 299
382382 applicant's or any proposed occupant's history of criminal activity 300
383383 involving: (A) Crimes of physical violence to persons or property, (B) 301
384384 crimes involving the illegal manufacture, sale, distribution or use of, or 302
385385 possession with intent to manufacture, sell, use or distribute, a 303
386386 controlled substance, as defined in section 21a-240, or (C) other criminal 304
387387 acts [which] that would adversely affect the health, safety or welfare of 305
388388 other tenants, (2) an applicant's or any proposed occupant's abuse, or 306
389389 pattern of abuse, of alcohol when the housing authority has reasonable 307
390390 cause to believe that such applicant's or proposed occupant's abuse, or 308
391391 pattern of abuse, of alcohol may interfere with the health, safety or right 309
392392 to peaceful enjoyment of the premises by other residents, and (3) an 310
393393 applicant or any proposed occupant who is subject to a lifetime 311
394394 registration requirement under section 54-252 on account of being 312
395395 convicted or found not guilty by reason of mental disease or defect of a 313
396396 sexually violent offense. In evaluating any such information, the 314
397397 housing authority shall [give consideration to] consider the time, nature 315
398398 and extent of the applicant's or proposed occupant's conduct and to 316
399399 factors [which] that might indicate a reasonable probability of favorable 317
400400 future conduct such as evidence of rehabilitation and evidence of the 318
401401 willingness of the applicant, the applicant's family or the proposed 319
402402 occupant to participate in social service or other appropriate counseling 320
403403 programs and the availability of such programs. 321
404404 Sec. 6. Subdivision (29) of section 12-412 of the general statutes is 322
405405 repealed and the following is substituted in lieu thereof (Effective July 1, 323
406406 2025): 324
407407 (29) (A) Sales of and the storage, use or other consumption of tangible 325
408408 personal property acquired for incorporation into or used and 326
409409 consumed in the operation of housing facilities for low and moderate 327
410410 income families and persons and sales of and the acceptance, use or 328
411411 other consumption of any service described in subdivision (2) of section 329
412412 Raised Bill No. 1267
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418418 12-407 that is used and consumed in the development, construction, 330
419419 rehabilitation, renovation, repair or operation of housing facilities for 331
420420 low and moderate income families and persons, provided such facilities 332
421421 are constructed under the sponsorship of and owned or operated by 333
422422 nonprofit housing organizations or housing authorities, as defined in 334
423423 [subsection (b) of] section 8-39, as amended by this act. The nonprofit 335
424424 housing organization or housing authority sponsoring the construction 336
425425 of or owning or operating such housing facility shall obtain from the 337
426426 commissioner a letter of determination that the housing facility has, to 338
427427 the satisfaction of said commissioner, met all the requirements for 339
428428 exemption under this subsection. At the time of any sale or purchase 340
429429 that is exempt under this subsection, the purchaser shall present to the 341
430430 retailer a copy of the determination letter that was issued to the 342
431431 nonprofit housing organization or housing authority together with a 343
432432 certificate from the purchaser, in such form as the commissioner may 344
433433 prescribe, certifying that the tangible personal property or services that 345
434434 are being purchased from the retailer are to be used or consumed 346
435435 exclusively for the purposes of incorporation into or in the 347
436436 development, construction, rehabilitation, renovation, repair or 348
437437 operation of the housing facility identified in the letter of determination. 349
438438 For the purposes of this subsection, (i) "nonprofit housing organization" 350
439439 means any organization [which] that has as one of its purposes the 351
440440 development, construction, sponsorship or ownership of housing for 352
441441 low and moderate income families as stated in its charter, if it is 353
442442 incorporated, or its constitution or bylaws, if it is unincorporated, and 354
443443 [which] that has received exemption from federal income tax under the 355
444444 provisions of Section 501(c) of the Internal Revenue Code, as amended 356
445445 from time to time, provided the charter of such organization, if it is 357
446446 incorporated, or its constitution or bylaws, if unincorporated, shall 358
447447 contain a provision that no officer, member or employee [thereof] of 359
448448 such organization shall receive or at any future time may receive any 360
449449 pecuniary profit from the operation thereof, except a reasonable 361
450450 compensation for services in effecting the purposes of the organization; 362
451451 (ii) "housing facilities" means facilities having as their primary purpose 363
452452 Raised Bill No. 1267
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454454
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458458 the provision of safe and adequate housing and related facilities for low 364
459459 and moderate income families and persons, notwithstanding that [said] 365
460460 such housing provides other dwelling accommodations in addition to 366
461461 the primary purpose of providing dwelling accommodations for low 367
462462 and moderate income families; (iii) "related facilities" means those 368
463463 facilities defined in subsection (d) of section 8-243; and (iv) "low and 369
464464 moderate income families" means those families as defined in 370
465465 subsection (h) of [said] section 8-243. 371
466466 (B) Sales of and the acceptance, use or other consumption of any 372
467467 service described in subdivision (2) of section 12-407 that is used or 373
468468 consumed in the development, construction, renovation or operation of 374
469469 housing facilities for low and moderate income families and persons, 375
470470 provided such facilities are owned or sponsored by a mutual housing 376
471471 association, as defined in subsection (b) of section 8-214f, and operated 377
472472 as mutual housing by such association at a location that was conveyed 378
473473 to such association by the United States Secretary of Housing and Urban 379
474474 Development prior to September 1, 1995. 380
475475 Sec. 7. Section 8-389 of the general statutes is repealed and the 381
476476 following is substituted in lieu thereof (Effective July 1, 2025): 382
477477 Upon the incorporation of a successfully negotiated regional fair 383
478478 housing compact into a regional plan of conservation and development 384
479479 by a regional planning agency pursuant to section 8-386, the 385
480480 Commissioner of Housing and the Connecticut Housing Authority may 386
481481 give priority to any application for financial or technical assistance made 387
482482 by a municipality, housing authority or eligible developer, as defined in 388
483483 [subsection (u) of] section 8-39, as amended by this act, in connection 389
484484 with any project located in a municipality [which] that has approved the 390
485485 regional fair housing compact pursuant to section 8-386. 391
486486 Sec. 8. Subdivision (9) of section 12-631 of the general statutes is 392
487487 repealed and the following is substituted in lieu thereof (Effective July 1, 393
488488 2025): 394
489489 Raised Bill No. 1267
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495495 (9) "Families of low and moderate income" means families meeting 395
496496 the criteria for designation as families of low and moderate income 396
497497 established by the Commissioner of Housing pursuant to subdivision 397
498498 (8) [subsection (f)] of section 8-39, as amended by this act. 398
499499 Sec. 9. Section 8-113a of the general statutes is repealed and the 399
500500 following is substituted in lieu thereof (Effective July 1, 2025): 400
501501 The following terms, wherever used or referred to in this part, [shall] 401
502502 have the following respective meanings, unless a different meaning 402
503503 clearly appears from the context: 403
504504 [(a)] (1) "Authority" or "housing authority" means any of the public 404
505505 corporations created by section 8-40, as amended by this act. 405
506506 [(b) "Municipality" means any city, borough or town. "The 406
507507 municipality" means the particular municipality for which a particular 407
508508 housing authority is created. 408
509509 (c) "Governing body" means, for towns having a town council, the 409
510510 council; for other towns, the selectmen; for cities, the common council 410
511511 or other similar body of officials; and for boroughs, the warden and 411
512512 burgesses. 412
513513 (d) "Mayor" means, for cities, the mayor, and, for boroughs, the 413
514514 warden. "Clerk" means the clerk of the particular city, borough or town 414
515515 for which a particular housing authority is created. 415
516516 (e) "Area of operation" shall include the municipality in which a 416
517517 housing authority is created under the provisions of this chapter, and 417
518518 may include a neighboring municipality, provided the governing body 418
519519 of such neighboring municipality shall agree by proper resolution to the 419
520520 extension of the area of operation to include such neighboring 420
521521 municipality.] 421
522522 (2) "Bonds" means any bonds, notes, interim certificates, certificates 422
523523 of indebtedness, debentures or other obligations used by the authority 423
524524 Raised Bill No. 1267
525525
526526
527527
528528 LCO No. 4064 15 of 21
529529
530530 pursuant to this chapter. 424
531531 (3) "Elderly persons" means persons sixty-two years of age and over 425
532532 who lack the amount of income that is necessary, as determined by the 426
533533 authority or nonprofit corporation, subject to approval by the 427
534534 Commissioner of Housing, to enable them to live in decent, safe and 428
535535 sanitary dwellings without financial assistance as provided under this 429
536536 part, or persons who have been certified by the Social Security Board as 430
537537 being totally disabled under the federal Social Security Act or certified 431
538538 by any other federal board or agency as being totally disabled. 432
539539 (4) "Housing partnership" means any partnership, limited 433
540540 partnership, joint venture, trust or association consisting of (A) a 434
541541 housing authority, a nonprofit corporation or both, and (B) (i) a business 435
542542 corporation incorporated pursuant to chapter 601 or any predecessor 436
543543 statutes thereto, having as one of its purposes the construction, 437
544544 rehabilitation, ownership or operation of housing, and having articles of 438
545545 incorporation approved by the commissioner in accordance with 439
546546 regulations adopted pursuant to section 8-79a or 8-84, (ii) a for-profit 440
547547 partnership, limited partnership, joint venture, trust, limited liability 441
548548 company or association having as one of its purposes the construction, 442
549549 rehabilitation, ownership or operation of housing, and having basic 443
550550 documents of organization approved by the commissioner in 444
551551 accordance with regulations adopted pursuant to section 8-79a or 8-84, 445
552552 or (iii) any combination of the entities included under subparagraphs 446
553553 (B)(i) and (B)(ii) of this subdivision. 447
554554 [(f)] (5) "Housing project" means any work or undertaking [(1)] (A) to 448
555555 demolish, clear or remove buildings from any slum area, which work or 449
556556 undertaking may embrace the adaptation of such area to public 450
557557 purposes, including parks or other recreational or community purposes; 451
558558 [(2)] (B) to provide decent, safe and sanitary urban or rural dwellings, 452
559559 apartments or other living accommodations for elderly persons, which 453
560560 work or undertaking may include buildings, land, equipment, facilities 454
561561 and other real or personal property for necessary, convenient or 455
562562 Raised Bill No. 1267
563563
564564
565565
566566 LCO No. 4064 16 of 21
567567
568568 desirable appurtenances, streets, sewers, water service, parks, site 456
569569 preparation, gardening, administrative, community, recreational or 457
570570 welfare purposes; [(3)] (C) to provide a continuum of housing 458
571571 comprising independent living accommodations, residential care, 459
572572 intermediate housing facilities and skilled nursing care and facilities 460
573573 with ready access to medical and hospital services; or [(4)] (D) to 461
574574 accomplish a combination of the [foregoing. The term "housing project" 462
575575 also may be applied to] purposes specified in subparagraphs (A) to (C), 463
576576 inclusive, of this subdivision. "Housing project" includes the planning 464
577577 of the buildings and improvements, the acquisition of property, the 465
578578 demolition of existing structures, the construction, reconstruction, 466
579579 alteration and repair of the improvements and all other work in 467
580580 connection therewith. 468
581581 [(g) "Bonds" means any bonds, notes, interim certificates, certificates 469
582582 of indebtedness, debentures or other obligations issued by the authority 470
583583 pursuant to this chapter. 471
584584 (h) "Real property" shall include all lands, including improvements 472
585585 and fixtures thereon, and property of any nature appurtenant thereto, 473
586586 or used in connection therewith, and every estate, interest and right, 474
587587 legal or equitable, therein, including terms for years and liens by way of 475
588588 judgment, mortgage or otherwise and the indebtedness secured by such 476
589589 liens. 477
590590 (i) "Obligee of the authority" or "obligee" shall include any 478
591591 bondholder, trustee or trustees for any bondholders, or lessor demising 479
592592 to the authority property used in connection with a housing project, or 480
593593 any assignee or assignees of such lessor's interest or any part thereof, 481
594594 and the state government when it is a party to any contract with the 482
595595 authority. 483
596596 (j) "State public body" means any city, borough, town, municipal 484
597597 corporation, district or other subdivision of the state.] 485
598598 [(k)] (6) "Rent" means the entire amount paid to a local authority, 486
599599 Raised Bill No. 1267
600600
601601
602602
603603 LCO No. 4064 17 of 21
604604
605605 nonprofit corporation or housing partnership for any dwelling unit. 487
606606 [(l)] (7) "Shelter rent" means "rent" as defined [herein] in this section, 488
607607 less any charges made by a local authority, nonprofit corporation or 489
608608 housing partnership for water, heat, gas, electricity and sewer use 490
609609 charges. 491
610610 [(m) "Elderly persons" means persons sixty-two years of age and over 492
611611 who lack the amount of income which is necessary, as determined by 493
612612 the authority or nonprofit corporation, subject to approval by the 494
613613 Commissioner of Housing, to enable them to live in decent, safe and 495
614614 sanitary dwellings without financial assistance as provided under this 496
615615 part, or persons who have been certified by the Social Security Board as 497
616616 being totally disabled under the federal Social Security Act or certified 498
617617 by any other federal board or agency as being totally disabled. 499
618618 (n) "Housing partnership" means any partnership, limited 500
619619 partnership, joint venture, trust or association consisting of (1) a housing 501
620620 authority, a nonprofit corporation or both and (2) (A) a business 502
621621 corporation incorporated pursuant to chapter 601 or any predecessor 503
622622 statutes thereto, having as one of its purposes the construction, 504
623623 rehabilitation, ownership or operation of housing, and having articles of 505
624624 incorporation approved by the commissioner in accordance with 506
625625 regulations adopted pursuant to section 8-79a or 8-84, (B) a for-profit 507
626626 partnership, limited partnership, joint venture, trust, limited liability 508
627627 company or association having as one of its purposes the construction, 509
628628 rehabilitation, ownership or operation of housing, and having basic 510
629629 documents of organization approved by the commissioner in 511
630630 accordance with regulations adopted pursuant to section 8-79a or 8-84 512
631631 or (C) any combination of the entities included under subparagraphs 513
632632 (A) and (B) of this subdivision.] 514
633633 Sec. 10. Subsection (a) of section 8-116c of the general statutes is 515
634634 repealed and the following is substituted in lieu thereof (Effective July 1, 516
635635 2025): 517
636636 Raised Bill No. 1267
637637
638638
639639
640640 LCO No. 4064 18 of 21
641641
642642 (a) An elderly person [, as defined in subsection (m) of section 8-113a,] 518
643643 shall not be eligible to move into a housing project [, as defined in 519
644644 subsection (f) of section 8-113a,] if the person (1) is currently using illegal 520
645645 drugs, (2) is currently abusing alcohol and has a recent history of 521
646646 disruptive or dangerous behavior and whose tenancy (A) would 522
647647 constitute a direct threat to the health or safety of another individual, or 523
648648 (B) would result in substantial physical damage to the property of 524
649649 another, (3) has a recent history of disruptive or dangerous behavior and 525
650650 whose tenancy (A) would constitute a direct threat to the health and 526
651651 safety of another individual or (B) would result in substantial physical 527
652652 damage to the property of another, or (4) was convicted of the illegal 528
653653 sale or possession of a controlled substance, as defined in section 21a-529
654654 240, within the prior twenty-four-month period. 530
655655 Sec. 11. Section 8-116d of the general statutes is repealed and the 531
656656 following is substituted in lieu thereof (Effective July 1, 2025): 532
657657 Any elderly person [, as defined in subsection (m) of section 8-113a,] 533
658658 who applies for and is accepted for admission to a housing project 534
659659 pursuant to this part or part VII of this chapter or pursuant to any other 535
660660 state or federal housing assistance program may terminate the lease or 536
661661 rental agreement for the dwelling unit that he or she occupies at the time 537
662662 of such acceptance, without the penalty or liability for the remaining 538
663663 term of the lease or rental agreement, upon giving thirty days' written 539
664664 notice to the landlord of such dwelling unit. 540
665665 Sec. 12. Section 8-119h of the general statutes is repealed and the 541
666666 following is substituted in lieu thereof (Effective July 1, 2025): 542
667667 Upon preliminary approval by the State Bond Commission pursuant 543
668668 to the provisions of section 3-20, the state, acting by and through the 544
669669 Commissioner of Housing, may enter into a contract or contracts with 545
670670 an authority, a municipal developer, a nonprofit corporation or a 546
671671 housing partnership for state financial assistance for a congregate 547
672672 housing project, in the form of capital grants, interim loans, permanent 548
673673 Raised Bill No. 1267
674674
675675
676676
677677 LCO No. 4064 19 of 21
678678
679679 loans, deferred loans or any combination thereof for application to the 549
680680 development cost of such project or projects. A contract with an 550
681681 authority, a municipal developer, a nonprofit corporation or a housing 551
682682 partnership may provide that in the case of any loan made in 552
683683 conjunction with any housing assistance funds provided by an agency 553
684684 of the United States government, if such housing assistance funds 554
685685 terminate prior to complete repayment of a loan made pursuant to this 555
686686 section, the remaining balance of such loan may be converted to a capital 556
687687 grant or decreased loan. Any such state assistance contract with an 557
688688 authority, a municipal developer, a nonprofit corporation or a housing 558
689689 partnership for a capital grant or loan entered into prior to the time 559
690690 housing assistance funds became available from an agency of the United 560
691691 States government, may, upon the mutual consent of the commissioner 561
692692 and the authority, municipal developer, nonprofit corporation or 562
693693 housing partnership, be renegotiated to provide for a loan or increased 563
694694 loan in the place of a capital grant or loan or a part thereof, consistent 564
695695 with the above conditions. Such capital grants or loans shall be in an 565
696696 amount not in excess of the development cost of the project or projects, 566
697697 including, in the case of grants or loans financed from the proceeds of 567
698698 the state's general obligation bonds issued pursuant to any 568
699699 authorization, allocation or approval of the State Bond Commission 569
700700 made prior to July 1, 1990, administrative or other cost or expense to be 570
701701 incurred by the state in connection therewith, as approved by said 571
702702 commissioner. In anticipation of final payment of such capital grants or 572
703703 loans, the state, acting by and through said commissioner and in 573
704704 accordance with such contract, may make temporary advances to the 574
705705 authority, municipal developer, nonprofit corporation or housing 575
706706 partnership for preliminary planning expense or other development 576
707707 cost of such project or projects. Any loan provided pursuant to this 577
708708 section shall bear interest at a rate to be determined in accordance with 578
709709 subsection (t) of section 3-20. Any such authority, municipal developer, 579
710710 nonprofit corporation or housing partnership may, subject to the 580
711711 approval of the Commissioner of Housing, contract with any other 581
712712 person approved by the Commissioner of Housing for the operation of 582
713713 Raised Bill No. 1267
714714
715715
716716
717717 LCO No. 4064 20 of 21
718718
719719 a project undertaken pursuant to this part. As used in this section, 583
720720 "housing partnership" has the same meaning as provided in [subsection 584
721721 (n) of] section 8-113a, as amended by this act. 585
722722 Sec. 13. Section 8-119l of the general statutes is repealed and the 586
723723 following is substituted in lieu thereof (Effective July 1, 2025): 587
724724 The state, acting by and through the Commissioner of Housing, may 588
725725 enter into a contract or contracts with an authority, a municipal 589
726726 developer, a nonprofit corporation or a housing partnership for state 590
727727 financial assistance in the form of a grant-in-aid for an operating cost 591
728728 subsidy for state-financed congregate housing projects developed 592
729729 pursuant to this part. In calculating the amount of the grant-in-aid, the 593
730730 commissioner shall use adjusted gross income of tenants. As used in this 594
731731 section, "adjusted gross income" means annual aggregate income from 595
732732 all sources minus fifty per cent of all unreimbursable medical expenses 596
733733 [. As used in this section,] and "housing partnership" has the same 597
734734 meaning as provided in [subsection (n) of] section 8-113a, as amended 598
735735 by this act. 599
736736 This act shall take effect as follows and shall amend the following
737737 sections:
738738
739739 Section 1 July 1, 2025 8-39
740740 Sec. 2 July 1, 2025 8-40
741741 Sec. 3 July 1, 2025 8-44b
742742 Sec. 4 July 1, 2025 8-50
743743 Sec. 5 July 1, 2025 8-45a
744744 Sec. 6 July 1, 2025 12-412(29)
745745 Sec. 7 July 1, 2025 8-389
746746 Sec. 8 July 1, 2025 12-631(9)
747747 Sec. 9 July 1, 2025 8-113a
748748 Sec. 10 July 1, 2025 8-116c(a)
749749 Sec. 11 July 1, 2025 8-116d
750750 Sec. 12 July 1, 2025 8-119h
751751 Sec. 13 July 1, 2025 8-119l
752752
753753 Raised Bill No. 1267
754754
755755
756756
757757 LCO No. 4064 21 of 21
758758
759759 Statement of Purpose:
760760 To authorize a housing authority to expand its jurisdiction to include
761761 housing in other municipalities.
762762
763763 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
764764 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
765765 underlined.]
766766