HB 5713

Version: HSG+Joint+Favorable+Substitute
Author: Housing Committee

Created by BCL easyConverter SDK 5 (HTML Version)

AN ACT CONCERNING CONSIDERATION OF CRIMINAL CONVICTIONS OF A PROSPECTIVE TENANT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1Section 1. Section 46a-64b of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3As used in sections 46a-51 to 46a-99, inclusive, and section 2 of this

4act:

5(1) "Conviction" means a judgment entered by a court upon a plea of

6guilty, a plea of nolo contendere or a finding of guilty by a jury or the

7 court notwithstanding any pending appeal or habeas corpus

8proceeding arising from such judgment.

9[(1)] (2) "Discriminatory housing practice" means any discriminatory

10practice specified in section 46a-64c, [or] section 46a-81e or section 2 of

11this act.

12 [(2)] (3) "Dwelling" means any building, structure, mobile

13manufactured home park or portion thereof which is occupied as, or

14designed or intended for occupancy as, a residence by one or more

15families, and any vacant land which is offered for sale or lease for the

16construction or location thereon of any such building, structure,

17mobile manufactured home park or portion thereof.

Substitute Bill No. 5713

18[(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act

19of 1968, as amended, and known as the federal Fair Housing Act (42

20USC 3600-3620).

21[(4)] (5) "Family" includes a single individual.

22[(5)] (6) "Familial status" means one or more individuals who have

23not attained the age of eighteen years being domiciled with a parent or

24another person having legal custody of such individual or individuals;

25or the designee of such parent or other person having such custody

26with the written permission of such parent or other person; or any

27person who is pregnant or is in the process of securing legal custody of

28any individual who has not attained the age of eighteen years.

29[(6)] (7) "Housing for older persons" means housing: (A) Provided

30under any state or federal program that the Secretary of the United

31States Department of Housing and Urban Development determines is

32specifically designed and operated to assist elderly persons as defined

33in the state or federal program; or (B) intended for, and solely occupied

34by, persons sixty-two years of age or older; or (C) intended and

35operated for occupancy by at least one person fifty-five years of age or

36older per unit in accordance with the standards set forth in the Fair

37Housing Act and regulations developed pursuant thereto by the

38Secretary of the United States Department of Housing and Urban

39Development.

40(8) "Housing provider" means a landlord or owner, an agent of such

41landlord or owner, a realtor, property manager, housing authority, as

42created in section 8-40, public housing agency or other entity that

43provides housing opportunities to potential tenants.

44(9) "Landlord" means the owner, lessor or sublessor of the dwelling

45unit, the building of which it is a part or the premises.

46[(7)] (10) "Mobile manufactured home park" means a plot of land

47upon which two or more mobile manufactured homes occupied for

48residential purposes are located.

Substitute Bill No. 5713

49(11) "Owner" means one or more persons, jointly or severally, in

50whom is vested (A) all or part of the legal title to property, or (B) all or

51part of the beneficial ownership and a right to present use and

52enjoyment of the premises and includes a mortgagee in possession.

53[(8)] (12) "Physical or mental disability" includes, but is not limited

54to, intellectual disability, as defined in section 1-1g, and physical

55disability, as defined in subdivision (15) of section 46a-51, and also

56includes, but is not limited to, persons who have a handicap as that

57term is defined in the Fair Housing Act.

58[(9)] (13) "Residential-real-estate-related transaction" means (A) the

59making or purchasing of loans or providing other financial assistance

60for purchasing, constructing, improving, repairing or maintaining a

61dwelling, or secured by residential real estate; or (B) the selling,

62brokering or appraising of residential real property.

63[(10)] (14) "To rent" includes to lease, to sublease, to let and to

64otherwise grant for a consideration the right to occupy premises not

65owned by the occupant.

66Sec. 2. (NEW) (Effective October 1, 2019) (a) Except as provided in

67subsections (b) and (c) of this section, it shall be a discriminatory

68practice in violation of this section:

69(1) (A) To refuse to rent after the making of a bona fide offer, or to

70refuse to negotiate for the rental of, or otherwise make unavailable or

71deny a rental unit or deny occupancy in a rental unit to any person

72based on the applicant's criminal record, except for (i) conviction or

73release from confinement for the commission of a misdemeanor

74described in subparagraph (B) of this subdivision during the three

75years immediately preceding the rental application, or (ii) conviction

76or release from confinement for the commission of a felony described

77 in subparagraph (B) of this subdivision during the ten years

78immediately preceding the rental application.

79(B) Within the three and ten-year periods specified in subparagraph

Substitute Bill No. 5713

80(A) of this subdivision, housing providers may only consider criminal

81convictions that, if repeated, would adversely affect the health, safety

82or welfare of other tenants, including, but not limited to, (i) crimes of

83physical violence to persons or property; (ii) crimes involving the

84illegal manufacture, sale or distribution of a controlled substance, as

85defined in section 21a-240 of the general statutes; (iii) violations of

86subdivision (1) of subsection (a) of section 53-21 of the general statutes;

87and (iv) sexual offenses under sections 53a-65 to 53a-90b, inclusive, of

88the general statutes.

89(C) In no case may records of arrest or a charge not followed by a

90conviction, or records of convictions that have been erased, be used as

91a basis to reject an applicant for housing.

92(D) Prior to denying a rental application pursuant to this subsection,

93a housing provider shall provide written notice to the applicant that

94the application requires further review due to the applicant's criminal

95conviction. The housing provider shall provide the applicant an

96opportunity to present relevant mitigating information regarding the

97conviction and evidence that the applicant would be a good tenant.

98Such evidence may include the following factors:

99(i) The nature and severity of the criminal offense;

100(ii) The facts or circumstances surrounding the criminal conduct;

101(iii) The age of the applicant at the time of the offense;

102(iv) The length of time elapsed since the offense;

103(v) Evidence the applicant has maintained a good tenant history

104before or after the offense;

105(vi) Any information produced by the applicant, or produced on the

106applicant's behalf, in regard to the applicant's rehabilitation or good

107conduct since the offense; and

Substitute Bill No. 5713

108(vii) Any other evidence that the offense is unlikely to reoccur.

109(E) If, after consideration of evidence relevant to the factors set forth

110in subparagraph (D) of this subdivision, the housing provider rejects

111an applicant for housing based on conviction of a crime, such rejection

112shall be in writing and specifically state the evidence presented and

113reasons for rejection. A copy of such rejection shall be sent by

114registered mail to the applicant at the address provided in the

115application for housing.

116(F) No housing provider may request any consumer reporting

117agency to provide any criminal conviction information except as

118permitted by this section.

119(2) To discriminate against any person in the terms, conditions or

120privileges of rental of a dwelling, or in the provision of services or

121facilities in connection therewith, because of such person's criminal

122conviction status.

123(3) To make, print or publish, or cause to be made, printed or

124published any notice, statement or advertisement, with respect to the

125rental of a dwelling that indicates any preference, limitation or

126discrimination based on criminal conviction status, or an intention to

127make any such preference, limitation or discrimination.

128(4) To represent to any person because of criminal conviction status

129that any dwelling is not available for inspection or rental when such

130dwelling is in fact so available.

131(b) The provisions of this section shall not apply to a person who

132applies for public housing who has a conviction for manufacture or

133production of methamphetamine on the premises of federally assisted

134housing, or to a person subject to a lifetime registration requirement

135under a state sexual offender registration program pursuant to 24 CFR

136960.204 and 24 CFR 982.553. Nothing in this section shall be construed

137to limit the applicability of 24 CFR 960.204 or 24 CFR 982.553 with

138regard to a public housing authority.

Substitute Bill No. 5713

139(c) The provisions of this section shall not apply to (1) the rental of a

140room or rooms in a single-family dwelling unit if the owner actually

141maintains and occupies part of such unit as his or her residence, or (2)

142a unit in a dwelling containing not more than four units if the owner

143actually maintains and occupies one of such other units as his or her

144residence.

145(d) Nothing in this section limits the applicability of any reasonable

146state statute or municipal ordinance restricting the maximum number

147of persons permitted to occupy a dwelling.

148(e) Any person aggrieved by a violation of this section may file a

149complaint not later than one hundred eighty days after the alleged act

150of discrimination, pursuant to section 46a-82 of the general statutes.

151(f) Notwithstanding any other provision of chapter 814c of the

152general statutes, complaints alleging a violation of this section shall be

153investigated not later than one hundred days after filing and a final

154administrative disposition shall be made not later than one year after

155filing unless it is impracticable to do so. If the Commission on Human

156Rights and Opportunities is unable to complete its investigation or

157make a final administrative determination within such time frames, it

158shall notify the complainant and the respondent in writing of the

159reasons for not doing so.

160Sec. 3. Subdivision (1) of subsection (a) of section 47a-23c of the

161general statutes is repealed and the following is substituted in lieu

162thereof (Effective October 1, 2019):

163(a) (1) Except as provided in subdivision (2) of this subsection, this

164section applies to any tenant who resides in a building or complex

165consisting of five or more separate dwelling units or who resides in a

166mobile manufactured home park and who is either: (A) Sixty-two

167years of age or older, or whose spouse, sibling, parent or grandparent

168is sixty-two years of age or older and permanently resides with that

169tenant, or (B) a person with a physical or mental disability, as defined

Substitute Bill No. 5713

170in subdivision [(8)] (12) of section 46a-64b, as amended by this act, or

171whose spouse, sibling, child, parent or grandparent is a person with a

172physical or mental disability who permanently resides with that

173tenant, but only if such disability can be expected to result in death or

174to last for a continuous period of at least twelve months.

175Sec. 4. Section 8-45a of the general statutes is repealed and the

176following is substituted in lieu thereof (Effective October 1, 2019):

177A housing authority, as defined in subsection (b) of section 8-39, in

178determining eligibility for the rental of public housing units may

179establish criteria and consider relevant information concerning (1) an

180applicant's or any proposed occupant's history of criminal activity,

181during the time periods established under subsection (a) of section 2 of

182this act, involving: (A) Crimes of physical violence to persons or

183 property, (B) crimes involving the illegal manufacture, sale,

184distribution or use of, or possession with intent to manufacture, sell,

185use or distribute, a controlled substance, as defined in section 21a-240,

186or (C) other criminal acts which would adversely affect the health,

187safety or welfare of other tenants, (2) an applicant's or any proposed

188occupant's abuse, or pattern of abuse, of alcohol when the housing

189authority has reasonable cause to believe that such applicant's or

190proposed occupant's abuse, or pattern of abuse, of alcohol may

191interfere with the health, safety or right to peaceful enjoyment of the

192premises by other residents, and (3) an applicant or any proposed

193occupant who is subject to a lifetime registration requirement under

194section 54-252 on account of being convicted or found not guilty by

195reason of mental disease or defect of a sexually violent offense. In

196evaluating any such information, the housing authority shall give

197consideration to the time, nature and extent of the applicant's or

198proposed occupant's conduct and to factors which might indicate a

199reasonable probability of favorable future conduct such as evidence of

200rehabilitation and evidence of the willingness of the applicant, the

201applicant's family or the proposed occupant to participate in social

202service or other appropriate counseling programs and the availability

Substitute Bill No. 5713

203 of such programs.

This act shall take effect as follows and shall amend the following sections:

Statement of Legislative Commissioners:

In Section 1(8), a reference to section 47a-1 was deleted for accuracy and in Section 2(a), a reference to Subsec. (c) was added for accuracy.

HSG Joint Favorable Subst.

HB 5713

Version: HSG+Joint+Favorable+Substitute
Author: Housing Committee

Created by BCL easyConverter SDK 5 (HTML Version)

AN ACT CONCERNING CONSIDERATION OF CRIMINAL CONVICTIONS OF A PROSPECTIVE TENANT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1Section 1. Section 46a-64b of the general statutes is repealed and the

2following is substituted in lieu thereof (Effective October 1, 2019):

3As used in sections 46a-51 to 46a-99, inclusive, and section 2 of this

4act:

5(1) "Conviction" means a judgment entered by a court upon a plea of

6guilty, a plea of nolo contendere or a finding of guilty by a jury or the

7 court notwithstanding any pending appeal or habeas corpus

8proceeding arising from such judgment.

9[(1)] (2) "Discriminatory housing practice" means any discriminatory

10practice specified in section 46a-64c, [or] section 46a-81e or section 2 of

11this act.

12 [(2)] (3) "Dwelling" means any building, structure, mobile

13manufactured home park or portion thereof which is occupied as, or

14designed or intended for occupancy as, a residence by one or more

15families, and any vacant land which is offered for sale or lease for the

16construction or location thereon of any such building, structure,

17mobile manufactured home park or portion thereof.

Substitute Bill No. 5713

18[(3)] (4) "Fair Housing Act" means Title VIII of the Civil Rights Act

19of 1968, as amended, and known as the federal Fair Housing Act (42

20USC 3600-3620).

21[(4)] (5) "Family" includes a single individual.

22[(5)] (6) "Familial status" means one or more individuals who have

23not attained the age of eighteen years being domiciled with a parent or

24another person having legal custody of such individual or individuals;

25or the designee of such parent or other person having such custody

26with the written permission of such parent or other person; or any

27person who is pregnant or is in the process of securing legal custody of

28any individual who has not attained the age of eighteen years.

29[(6)] (7) "Housing for older persons" means housing: (A) Provided

30under any state or federal program that the Secretary of the United

31States Department of Housing and Urban Development determines is

32specifically designed and operated to assist elderly persons as defined

33in the state or federal program; or (B) intended for, and solely occupied

34by, persons sixty-two years of age or older; or (C) intended and

35operated for occupancy by at least one person fifty-five years of age or

36older per unit in accordance with the standards set forth in the Fair

37Housing Act and regulations developed pursuant thereto by the

38Secretary of the United States Department of Housing and Urban

39Development.

40(8) "Housing provider" means a landlord or owner, an agent of such

41landlord or owner, a realtor, property manager, housing authority, as

42created in section 8-40, public housing agency or other entity that

43provides housing opportunities to potential tenants.

44(9) "Landlord" means the owner, lessor or sublessor of the dwelling

45unit, the building of which it is a part or the premises.

46[(7)] (10) "Mobile manufactured home park" means a plot of land

47upon which two or more mobile manufactured homes occupied for

48residential purposes are located.

Substitute Bill No. 5713

49(11) "Owner" means one or more persons, jointly or severally, in

50whom is vested (A) all or part of the legal title to property, or (B) all or

51part of the beneficial ownership and a right to present use and

52enjoyment of the premises and includes a mortgagee in possession.

53[(8)] (12) "Physical or mental disability" includes, but is not limited

54to, intellectual disability, as defined in section 1-1g, and physical

55disability, as defined in subdivision (15) of section 46a-51, and also

56includes, but is not limited to, persons who have a handicap as that

57term is defined in the Fair Housing Act.

58[(9)] (13) "Residential-real-estate-related transaction" means (A) the

59making or purchasing of loans or providing other financial assistance

60for purchasing, constructing, improving, repairing or maintaining a

61dwelling, or secured by residential real estate; or (B) the selling,

62brokering or appraising of residential real property.

63[(10)] (14) "To rent" includes to lease, to sublease, to let and to

64otherwise grant for a consideration the right to occupy premises not

65owned by the occupant.

66Sec. 2. (NEW) (Effective October 1, 2019) (a) Except as provided in

67subsections (b) and (c) of this section, it shall be a discriminatory

68practice in violation of this section:

69(1) (A) To refuse to rent after the making of a bona fide offer, or to

70refuse to negotiate for the rental of, or otherwise make unavailable or

71deny a rental unit or deny occupancy in a rental unit to any person

72based on the applicant's criminal record, except for (i) conviction or

73release from confinement for the commission of a misdemeanor

74described in subparagraph (B) of this subdivision during the three

75years immediately preceding the rental application, or (ii) conviction

76or release from confinement for the commission of a felony described

77 in subparagraph (B) of this subdivision during the ten years

78immediately preceding the rental application.

79(B) Within the three and ten-year periods specified in subparagraph

Substitute Bill No. 5713

80(A) of this subdivision, housing providers may only consider criminal

81convictions that, if repeated, would adversely affect the health, safety

82or welfare of other tenants, including, but not limited to, (i) crimes of

83physical violence to persons or property; (ii) crimes involving the

84illegal manufacture, sale or distribution of a controlled substance, as

85defined in section 21a-240 of the general statutes; (iii) violations of

86subdivision (1) of subsection (a) of section 53-21 of the general statutes;

87and (iv) sexual offenses under sections 53a-65 to 53a-90b, inclusive, of

88the general statutes.

89(C) In no case may records of arrest or a charge not followed by a

90conviction, or records of convictions that have been erased, be used as

91a basis to reject an applicant for housing.

92(D) Prior to denying a rental application pursuant to this subsection,

93a housing provider shall provide written notice to the applicant that

94the application requires further review due to the applicant's criminal

95conviction. The housing provider shall provide the applicant an

96opportunity to present relevant mitigating information regarding the

97conviction and evidence that the applicant would be a good tenant.

98Such evidence may include the following factors:

99(i) The nature and severity of the criminal offense;

100(ii) The facts or circumstances surrounding the criminal conduct;

101(iii) The age of the applicant at the time of the offense;

102(iv) The length of time elapsed since the offense;

103(v) Evidence the applicant has maintained a good tenant history

104before or after the offense;

105(vi) Any information produced by the applicant, or produced on the

106applicant's behalf, in regard to the applicant's rehabilitation or good

107conduct since the offense; and

Substitute Bill No. 5713

108(vii) Any other evidence that the offense is unlikely to reoccur.

109(E) If, after consideration of evidence relevant to the factors set forth

110in subparagraph (D) of this subdivision, the housing provider rejects

111an applicant for housing based on conviction of a crime, such rejection

112shall be in writing and specifically state the evidence presented and

113reasons for rejection. A copy of such rejection shall be sent by

114registered mail to the applicant at the address provided in the

115application for housing.

116(F) No housing provider may request any consumer reporting

117agency to provide any criminal conviction information except as

118permitted by this section.

119(2) To discriminate against any person in the terms, conditions or

120privileges of rental of a dwelling, or in the provision of services or

121facilities in connection therewith, because of such person's criminal

122conviction status.

123(3) To make, print or publish, or cause to be made, printed or

124published any notice, statement or advertisement, with respect to the

125rental of a dwelling that indicates any preference, limitation or

126discrimination based on criminal conviction status, or an intention to

127make any such preference, limitation or discrimination.

128(4) To represent to any person because of criminal conviction status

129that any dwelling is not available for inspection or rental when such

130dwelling is in fact so available.

131(b) The provisions of this section shall not apply to a person who

132applies for public housing who has a conviction for manufacture or

133production of methamphetamine on the premises of federally assisted

134housing, or to a person subject to a lifetime registration requirement

135under a state sexual offender registration program pursuant to 24 CFR

136960.204 and 24 CFR 982.553. Nothing in this section shall be construed

137to limit the applicability of 24 CFR 960.204 or 24 CFR 982.553 with

138regard to a public housing authority.

Substitute Bill No. 5713

139(c) The provisions of this section shall not apply to (1) the rental of a

140room or rooms in a single-family dwelling unit if the owner actually

141maintains and occupies part of such unit as his or her residence, or (2)

142a unit in a dwelling containing not more than four units if the owner

143actually maintains and occupies one of such other units as his or her

144residence.

145(d) Nothing in this section limits the applicability of any reasonable

146state statute or municipal ordinance restricting the maximum number

147of persons permitted to occupy a dwelling.

148(e) Any person aggrieved by a violation of this section may file a

149complaint not later than one hundred eighty days after the alleged act

150of discrimination, pursuant to section 46a-82 of the general statutes.

151(f) Notwithstanding any other provision of chapter 814c of the

152general statutes, complaints alleging a violation of this section shall be

153investigated not later than one hundred days after filing and a final

154administrative disposition shall be made not later than one year after

155filing unless it is impracticable to do so. If the Commission on Human

156Rights and Opportunities is unable to complete its investigation or

157make a final administrative determination within such time frames, it

158shall notify the complainant and the respondent in writing of the

159reasons for not doing so.

160Sec. 3. Subdivision (1) of subsection (a) of section 47a-23c of the

161general statutes is repealed and the following is substituted in lieu

162thereof (Effective October 1, 2019):

163(a) (1) Except as provided in subdivision (2) of this subsection, this

164section applies to any tenant who resides in a building or complex

165consisting of five or more separate dwelling units or who resides in a

166mobile manufactured home park and who is either: (A) Sixty-two

167years of age or older, or whose spouse, sibling, parent or grandparent

168is sixty-two years of age or older and permanently resides with that

169tenant, or (B) a person with a physical or mental disability, as defined

Substitute Bill No. 5713

170in subdivision [(8)] (12) of section 46a-64b, as amended by this act, or

171whose spouse, sibling, child, parent or grandparent is a person with a

172physical or mental disability who permanently resides with that

173tenant, but only if such disability can be expected to result in death or

174to last for a continuous period of at least twelve months.

175Sec. 4. Section 8-45a of the general statutes is repealed and the

176following is substituted in lieu thereof (Effective October 1, 2019):

177A housing authority, as defined in subsection (b) of section 8-39, in

178determining eligibility for the rental of public housing units may

179establish criteria and consider relevant information concerning (1) an

180applicant's or any proposed occupant's history of criminal activity,

181during the time periods established under subsection (a) of section 2 of

182this act, involving: (A) Crimes of physical violence to persons or

183 property, (B) crimes involving the illegal manufacture, sale,

184distribution or use of, or possession with intent to manufacture, sell,

185use or distribute, a controlled substance, as defined in section 21a-240,

186or (C) other criminal acts which would adversely affect the health,

187safety or welfare of other tenants, (2) an applicant's or any proposed

188occupant's abuse, or pattern of abuse, of alcohol when the housing

189authority has reasonable cause to believe that such applicant's or

190proposed occupant's abuse, or pattern of abuse, of alcohol may

191interfere with the health, safety or right to peaceful enjoyment of the

192premises by other residents, and (3) an applicant or any proposed

193occupant who is subject to a lifetime registration requirement under

194section 54-252 on account of being convicted or found not guilty by

195reason of mental disease or defect of a sexually violent offense. In

196evaluating any such information, the housing authority shall give

197consideration to the time, nature and extent of the applicant's or

198proposed occupant's conduct and to factors which might indicate a

199reasonable probability of favorable future conduct such as evidence of

200rehabilitation and evidence of the willingness of the applicant, the

201applicant's family or the proposed occupant to participate in social

202service or other appropriate counseling programs and the availability

Substitute Bill No. 5713

203 of such programs.

This act shall take effect as follows and shall amend the following sections:

Statement of Legislative Commissioners:

In Section 1(8), a reference to section 47a-1 was deleted for accuracy and in Section 2(a), a reference to Subsec. (c) was added for accuracy.

HSG Joint Favorable Subst.