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3 | 3 | | LCO No. 4268 1 of 8 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1303 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 4268 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on HOUSING |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (HSG) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING NONRESIDENT LANDLORD REGISTRATION |
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20 | 20 | | AND INCREASING PENALTIES FOR REPEAT BUILDING AND FIRE |
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21 | 21 | | CODE VIOLATIONS. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. Section 47a-6a of the general statutes is repealed and the 1 |
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26 | 26 | | following is substituted in lieu thereof (Effective July 1, 2025): 2 |
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27 | 27 | | (a) As used in this section: [,] 3 |
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28 | 28 | | (1) ["address"] "Address" means a location as described by the full 4 |
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29 | 29 | | street number, if any, the street name, the city or town, and the state, 5 |
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30 | 30 | | and not a mailing address such as a post office box; [,] 6 |
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31 | 31 | | (2) ["dwelling unit"] "Dwelling unit" means any house or building, or 7 |
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32 | 32 | | portion thereof, which is rented, leased or hired out to be occupied, or 8 |
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33 | 33 | | is arranged or designed to be occupied, or is occupied, as the home or 9 |
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34 | 34 | | residence of one or more persons, living independently of each other, 10 |
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35 | 35 | | and doing their cooking upon the premises, and having a common right 11 |
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36 | 36 | | in the halls, stairways or yards; [,] 12 |
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37 | 37 | | Raised Bill No. 1303 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 4268 2 of 8 |
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42 | 42 | | |
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43 | 43 | | (3) ["agent in charge"] "Agent in charge" or "agent" means [one] an 13 |
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44 | 44 | | individual who manages real [estate] property, including, but not 14 |
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45 | 45 | | limited to, the collection of rents and supervision and maintenance of 15 |
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46 | 46 | | such property, including for the purposes of compliance with state and 16 |
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47 | 47 | | local codes; 17 |
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48 | 48 | | (4) ["controlling participant"] "Controlling participant" means an 18 |
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49 | 49 | | individual [that] who exercises day-to-day financial or operational 19 |
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50 | 50 | | control; [, and] 20 |
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51 | 51 | | (5) ["project-based housing provider"] "Project-based housing 21 |
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52 | 52 | | provider" means a property owner who contracts with the United States 22 |
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53 | 53 | | Department of Housing and Urban Development to provide housing to 23 |
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54 | 54 | | tenants under the federal Housing Choice Voucher Program, 42 USC 24 |
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55 | 55 | | 1437f(o); 25 |
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56 | 56 | | (6) "Identifying information" means proof of an individual's name, 26 |
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57 | 57 | | date of birth, current residential address, motor vehicle operator's 27 |
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58 | 58 | | license number or other identification number issued by any 28 |
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59 | 59 | | government agency or entity; 29 |
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60 | 60 | | (7) "Nonresident owner" means an individual , corporation, 30 |
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61 | 61 | | partnership, trust or other legally recognized entity, who does not reside 31 |
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62 | 62 | | at rental real property who is (A) an owner, as defined in section 47a-1, 32 |
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63 | 63 | | of such real property, or (B) the controlling participant of the entity that 33 |
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64 | 64 | | owns such real property; and 34 |
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65 | 65 | | (8) "Population" means the number of persons according to the most 35 |
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66 | 66 | | recent federal decennial census. 36 |
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67 | 67 | | (b) Any municipality may, and any municipality with a population 37 |
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68 | 68 | | of twenty-five thousand or more shall, require the nonresident owner or 38 |
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69 | 69 | | project-based housing provider of occupied or vacant rental real 39 |
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70 | 70 | | property to report to the tax assessor, or other municipal [office] officer 40 |
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71 | 71 | | designated by the municipality, the current residential address of the 41 |
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72 | 72 | | nonresident owner or project-based housing provider of such property, 42 |
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73 | 73 | | Raised Bill No. 1303 |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | LCO No. 4268 3 of 8 |
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78 | 78 | | |
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79 | 79 | | if the nonresident owner or project-based housing provider is an 43 |
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80 | 80 | | individual, or the current residential address of the agent in charge of 44 |
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81 | 81 | | the building, if the nonresident owner or project-based housing 45 |
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82 | 82 | | provider is a corporation, partnership, trust or other legally recognized 46 |
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83 | 83 | | entity owning rental real property in the state. If the nonresident owners 47 |
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84 | 84 | | or project-based housing providers are a corporation, partnership, trust 48 |
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85 | 85 | | or other legally recognized entity owning rental real property in the 49 |
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86 | 86 | | state, such report shall also include identifying information and the 50 |
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87 | 87 | | current residential address of each controlling participant associated 51 |
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88 | 88 | | with the property. If such residential address changes, notice of the new 52 |
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89 | 89 | | residential address shall be provided by such nonresident owner, 53 |
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90 | 90 | | project-based housing provider or agent in charge of the building to the 54 |
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91 | 91 | | office of the tax assessor or other designated municipal office not more 55 |
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92 | 92 | | than twenty-one days after the date that the address change occurred. If 56 |
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93 | 93 | | the nonresident owner, project-based housing provider or agent fails to 57 |
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94 | 94 | | file an address under this section, the address to which the municipality 58 |
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95 | 95 | | mails property tax bills for the rental real property shall be deemed to 59 |
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96 | 96 | | be the nonresident owner, project-based housing provider or agent's 60 |
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97 | 97 | | current address. Such address may be used for compliance with the 61 |
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98 | 98 | | provisions of subsection [(c)] (d) of this section. 62 |
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99 | 99 | | (c) In addition to the residential address required pursuant to 63 |
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100 | 100 | | subsection (b) of this section, any municipality with a population of 64 |
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101 | 101 | | twenty-five thousand or more shall require the nonresident owner, 65 |
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102 | 102 | | project-based housing provider or agent in charge, as applicable, to 66 |
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103 | 103 | | report to the tax assessor, or other municipal officer designated by the 67 |
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104 | 104 | | municipality, accurate identifying information concerning such 68 |
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105 | 105 | | nonresident owner, project-based housing provider or agent in charge. 69 |
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106 | 106 | | [(c)] (d) Service of state or municipal orders relating to maintenance 70 |
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107 | 107 | | of such rental real property or compliance with state law and local codes 71 |
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108 | 108 | | concerning such real property directed to the nonresident owner, 72 |
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109 | 109 | | project-based housing provider or agent at the address on file, or 73 |
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110 | 110 | | deemed to be on file in accordance with the provisions of this section, 74 |
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111 | 111 | | shall be sufficient proof of service of notice of such orders in any 75 |
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112 | 112 | | Raised Bill No. 1303 |
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113 | 113 | | |
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114 | 114 | | |
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115 | 115 | | |
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116 | 116 | | LCO No. 4268 4 of 8 |
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117 | 117 | | |
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118 | 118 | | subsequent criminal or civil action against the owner, project-based 76 |
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119 | 119 | | housing provider or agent for failure to comply with the orders. The 77 |
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120 | 120 | | provisions of this section shall not be construed to limit the validity of 78 |
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121 | 121 | | any other means of giving notice of such orders that may be used by the 79 |
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122 | 122 | | state or such municipality. 80 |
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123 | 123 | | [(d)] (e) Any person who violates any provision of this section shall 81 |
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124 | 124 | | have committed [an infraction] a violation. 82 |
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125 | 125 | | [(e)] (f) Any report provided to a tax assessor pursuant to subsection 83 |
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126 | 126 | | (b) or (c) of this section [on or after October 1, 2023,] shall be confidential 84 |
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127 | 127 | | and shall not be disclosed under chapter 14. 85 |
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128 | 128 | | Sec. 2. Subsection (a) of section 47a-7 of the general statutes is 86 |
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129 | 129 | | repealed and the following is substituted in lieu thereof (Effective July 1, 87 |
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130 | 130 | | 2025): 88 |
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131 | 131 | | (a) A landlord shall: (1) Comply with the requirements of chapter 89 |
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132 | 132 | | 368o and all applicable building and housing codes materially affecting 90 |
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133 | 133 | | health and safety of both the state or any political subdivision thereof; 91 |
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134 | 134 | | (2) make all repairs and do whatever is necessary to put and keep the 92 |
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135 | 135 | | premises in a fit and habitable condition, except where the premises are 93 |
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136 | 136 | | intentionally rendered unfit or uninhabitable by the tenant, a member 94 |
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137 | 137 | | of [his] such tenant's family or other person on the premises with [his] 95 |
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138 | 138 | | such tenant's consent, in which case such duty shall be the responsibility 96 |
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139 | 139 | | of [the] such tenant; (3) keep all common areas of the premises in a clean 97 |
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140 | 140 | | and safe condition; (4) maintain in good and safe working order and 98 |
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141 | 141 | | condition all electrical, plumbing, sanitary, heating, ventilating and 99 |
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142 | 142 | | other facilities and appliances and elevators, supplied or required to be 100 |
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143 | 143 | | supplied by him; (5) provide and maintain appropriate receptacles for 101 |
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144 | 144 | | the removal of ashes, garbage, rubbish and other waste incidental to the 102 |
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145 | 145 | | occupancy of the dwelling unit and arrange for their removal; [and] (6) 103 |
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146 | 146 | | supply running water and reasonable amounts of hot water at all times 104 |
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147 | 147 | | and reasonable heat except if the building which includes the dwelling 105 |
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148 | 148 | | unit is not required by law to be equipped for that purpose or if the 106 |
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149 | 149 | | Raised Bill No. 1303 |
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150 | 150 | | |
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151 | 151 | | |
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152 | 152 | | |
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153 | 153 | | LCO No. 4268 5 of 8 |
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154 | 154 | | |
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155 | 155 | | dwelling unit is so constructed that heat or hot water is generated by an 107 |
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156 | 156 | | installation within the exclusive control of the tenant or supplied by a 108 |
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157 | 157 | | direct public utility connection; and (7) comply with the requirements 109 |
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158 | 158 | | of section 47a-6a, as amended by this act. 110 |
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159 | 159 | | Sec. 3. Section 29-254a of the general statutes is repealed and the 111 |
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160 | 160 | | following is substituted in lieu thereof (Effective July 1, 2025): 112 |
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161 | 161 | | Any person who violates any provision of the State Building Code 113 |
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162 | 162 | | shall, for the first offense, be fined not less than two hundred dollars or 114 |
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163 | 163 | | more than one thousand dollars or imprisoned not more than six 115 |
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164 | 164 | | months, or both, and, for any subsequent offense, be fined not less than 116 |
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165 | 165 | | five hundred dollars or more than two thousand dollars. 117 |
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166 | 166 | | Sec. 4. Section 29-291c of the general statutes is repealed and the 118 |
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167 | 167 | | following is substituted in lieu thereof (Effective July 1, 2025): 119 |
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168 | 168 | | (a) When the State Fire Marshal or a local fire marshal ascertains that 120 |
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169 | 169 | | there exists in any building, or upon any premises, a condition that 121 |
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170 | 170 | | violates the State Fire Prevention Code or Fire Safety Code, the State Fire 122 |
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171 | 171 | | Marshal or local fire marshal shall order such condition remedied by the 123 |
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172 | 172 | | owner or occupant of such building or premises. Any such remedy shall 124 |
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173 | 173 | | be in conformance with all building codes, ordinances, rules and 125 |
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174 | 174 | | regulations of the municipality involved. Such owner or occupant shall 126 |
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175 | 175 | | be subject to the penalties prescribed by subsection (e) of this section 127 |
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176 | 176 | | and, in addition, may be fined fifty dollars a day for each day's 128 |
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177 | 177 | | continuance of each violation, to be recovered in a proper action in the 129 |
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178 | 178 | | name of the state. 130 |
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179 | 179 | | (b) Upon failure of an owner or occupant to abate or remedy a 131 |
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180 | 180 | | violation pursuant to subsection (a) of this section within a reasonable 132 |
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181 | 181 | | period of time specified by the State Fire Marshal or the local fire 133 |
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182 | 182 | | marshal, the local fire marshal shall promptly notify, in writing, the 134 |
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183 | 183 | | prosecuting attorney having jurisdiction in the municipality in which 135 |
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184 | 184 | | such violation or condition exists of all of the relevant facts. The local 136 |
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185 | 185 | | fire marshal may request the chief executive officer, any official of the 137 |
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186 | 186 | | Raised Bill No. 1303 |
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187 | 187 | | |
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188 | 188 | | |
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189 | 189 | | |
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190 | 190 | | LCO No. 4268 6 of 8 |
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191 | 191 | | |
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192 | 192 | | municipality authorized to institute actions on behalf of the 138 |
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193 | 193 | | municipality in which the hazard exists or the State Fire Marshal, to 139 |
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194 | 194 | | apply to any court of equitable jurisdiction for an injunction against 140 |
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195 | 195 | | such owner or occupant for the purpose of closing or restricting from 141 |
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196 | 196 | | public service or use the place or premises containing the violation or 142 |
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197 | 197 | | condition until the violation or condition has been remedied, or the State 143 |
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198 | 198 | | Fire Marshal may apply for such an injunction without such request. 144 |
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199 | 199 | | (c) The State Fire Marshal or any local fire marshal empowered to 145 |
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200 | 200 | | enforce the State Fire Prevention Code or Fire Safety Code may, as an 146 |
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201 | 201 | | alternative to issuing an order pursuant to subsection (a) of this section, 147 |
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202 | 202 | | give the owner or occupant a written citation for any violation of the 148 |
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203 | 203 | | applicable code. No such citation may be issued if the owner or 149 |
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204 | 204 | | occupant has been previously issued a citation for the same violation by 150 |
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205 | 205 | | the State Fire Marshal or the local fire marshal within six months prior 151 |
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206 | 206 | | to the current violation. Such citation shall contain the name and 152 |
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207 | 207 | | address, if known, of the owner or occupant, the specific offense 153 |
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208 | 208 | | charged and the time and place of the violation. The citation shall be 154 |
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209 | 209 | | signed by the State Fire Marshal or local fire marshal and shall be signed 155 |
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210 | 210 | | by the owner or occupant in acknowledgment that such citation has 156 |
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211 | 211 | | been received. The State Fire Marshal or local fire marshal shall, if 157 |
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212 | 212 | | practicable, deliver a copy of the citation to the owner or occupant at the 158 |
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213 | 213 | | time and place of the violation or shall use some other reasonable means 159 |
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214 | 214 | | of notification. Any person who is issued a citation for violation of any 160 |
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215 | 215 | | provision of the State Fire Prevention Code or Fire Safety Code in 161 |
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216 | 216 | | accordance with this subsection shall be fined not more than two 162 |
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217 | 217 | | hundred fifty dollars. 163 |
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218 | 218 | | (d) If a local fire marshal issues a citation pursuant to subsection (c) 164 |
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219 | 219 | | of this section, the state shall remit to the municipalities in which the 165 |
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220 | 220 | | violations occurred ninety per cent of the proceeds of the fine and shall 166 |
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221 | 221 | | remit to the State Treasurer the remaining ten per cent. If the State Fire 167 |
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222 | 222 | | Marshal issues a citation pursuant to said subsection, the state shall 168 |
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223 | 223 | | remit to the State Treasurer the entire proceeds of the fine. Each clerk of 169 |
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224 | 224 | | the Superior Court or the Chief Court Administrator, on or before the 170 |
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225 | 225 | | Raised Bill No. 1303 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LCO No. 4268 7 of 8 |
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230 | 230 | | |
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231 | 231 | | thirtieth day of January, April, July and October in each year, shall 171 |
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232 | 232 | | certify to the Comptroller the amount due for the previous quarter 172 |
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233 | 233 | | under this subsection to each municipality served by the office of the 173 |
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234 | 234 | | clerk or official. 174 |
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235 | 235 | | (e) In addition to the fine prescribed in subsection (a) of this section, 175 |
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236 | 236 | | any person who violates any provision of the State Fire Prevention Code 176 |
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237 | 237 | | or Fire Safety Code shall, for a first offense, be fined not less than two 177 |
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238 | 238 | | hundred dollars or more than one thousand dollars or be imprisoned 178 |
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239 | 239 | | not more than six months, or both, and, for any subsequent offense, be 179 |
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240 | 240 | | fined not less than five hundred dollars or more than one thousand 180 |
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241 | 241 | | dollars. 181 |
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242 | 242 | | Sec. 5. Section 29-394 of the general statutes is repealed and the 182 |
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243 | 243 | | following is substituted in lieu thereof (Effective July 1, 2025): 183 |
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244 | 244 | | Any person who, by himself or his agent, fails to comply with the 184 |
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245 | 245 | | written order of a building inspector for the provision of additional exit 185 |
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246 | 246 | | facilities in a building, the repair or alteration of a building or the 186 |
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247 | 247 | | removal of a building or any portion thereof, shall, for a first offense, be 187 |
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248 | 248 | | fined not less than two hundred dollars nor more than one thousand 188 |
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249 | 249 | | dollars or imprisoned not more than six months, or both, and, for any 189 |
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250 | 250 | | subsequent offense, be fined not less than five hundred dollars or more 190 |
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251 | 251 | | than two thousand dollars. 191 |
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252 | 252 | | This act shall take effect as follows and shall amend the following |
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253 | 253 | | sections: |
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254 | 254 | | |
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255 | 255 | | Section 1 July 1, 2025 47a-6a |
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256 | 256 | | Sec. 2 July 1, 2025 47a-7(a) |
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257 | 257 | | Sec. 3 July 1, 2025 29-254a |
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258 | 258 | | Sec. 4 July 1, 2025 29-291c |
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259 | 259 | | Sec. 5 July 1, 2025 29-394 |
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260 | 260 | | |
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261 | 261 | | Statement of Purpose: |
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262 | 262 | | To (1) require certain nonresident landlords, project-based housing |
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263 | 263 | | providers or agents in charge of rental properties to register certain |
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264 | 264 | | Raised Bill No. 1303 |
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265 | 265 | | |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | LCO No. 4268 8 of 8 |
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269 | 269 | | |
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270 | 270 | | personal identifying information, and (2) increase penalties for repeat |
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271 | 271 | | violations of building and fire codes. |
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272 | 272 | | |
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273 | 273 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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274 | 274 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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275 | 275 | | underlined.] |
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276 | 276 | | |
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