Bill Text: CT SB01004 | 2015 | General Assembly | Introduced
Bill Title: An Act Concerning Senior Housing.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-05-19 - Referred by Senate to Committee on Appropriations [SB01004 Detail]
Download: Connecticut-2015-SB01004-Introduced.html
General Assembly |
Raised Bill No. 1004 | ||
January Session, 2015 |
LCO No. 4232 | ||
*04232_______AGE* | |||
Referred to Committee on AGING |
|||
Introduced by: |
|||
(AGE) |
|||
AN ACT CONCERNING SENIOR HOUSING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2015) (a) For purposes of this section, "elderly" means sixty-two years of age and older. The Commissioner of Housing, in consultation with the Connecticut Housing Finance Authority, shall conduct a study concerning state-assisted housing for elderly tenants authorized pursuant to chapter 128 of the general statutes. The study shall include, but not be limited to: (1) The financial impact on the availability of such housing of an increase in younger tenants with disabilities, (2) the number of negative incidents between elderly tenants and younger tenants with disabilities from the beginning of calendar year 2010 to the end of calendar year 2014 and the number of evictions related to such incidents, (3) support services available to assist tenants with disabilities and any gaps in such services, (4) recommendations concerning the provision of comparable housing to tenants if the state reserves units in state-assisted housing for elderly tenants or younger tenants with disabilities, (5) recommendations for additional support services needed for tenants, and (6) an estimate of any additional state appropriations needed to implement recommendations made pursuant to subdivisions (4) and (5) of this subsection.
(b) The Commissioner of Housing shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, on the study to the joint standing committees of the General Assembly having cognizance of matters relating to aging and housing not later than December 31, 2015.
Sec. 2. Section 8-116c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) An elderly person, as defined in subsection (m) of section 8-113a, shall not be eligible to move into a housing project, as defined in subsection (f) of section 8-113a, if the person (1) is currently using illegal drugs, (2) is currently abusing alcohol and has a recent history of disruptive or dangerous behavior and whose tenancy (A) would constitute a direct threat to the health or safety of another individual, or (B) would result in substantial physical damage to the property of another, (3) has a recent history of disruptive or dangerous behavior and whose tenancy (A) would constitute a direct threat to the health and safety of another individual, or (B) would result in substantial physical damage to the property of another, or (4) was convicted of the illegal sale or possession of a controlled substance, as defined in section 21a-240, within the prior twenty-four-month period.
(b) Any authority, municipal developer, nonprofit corporation or other lessor may evict any [individual] person from such housing project who is: [convicted] (1) Convicted of the illegal sale or possession of a controlled substance, as defined in section 21a-240, during the period of time the [individual] person is residing in such housing, (2) engaged in conduct that constitutes a serious nuisance as defined in section 47a-15, or (3) fails to comply with the provisions of subsections (g) and (h) of section 47a-11. Such eviction shall be in accordance with the provisions of chapter 832 and shall be accorded an expedited hearing and trial. Nothing in this section shall be construed to limit the remedies of any such authority, municipal developer, nonprofit corporation or lessor under chapter 832. For purposes of this subsection, "expedited" means a case that takes precedence over all other civil actions with respect to the order of trial except as provided in sections 52-191 and 52-192.
Sec. 3. Subsection (b) of section 47a-23c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) (1) No landlord may bring an action of summary process or other action to dispossess a tenant described in subsection (a) of this section except for one or more of the following reasons: (A) Nonpayment of rent; (B) refusal to agree to a fair and equitable rent increase, as defined in subsection (c) of this section; (C) material noncompliance with section 47a-11 or subsection (b) of section 21-82, [which] that materially affects the health and safety of the other tenants or [which] that materially affects the physical condition of the premises; (D) voiding of the rental agreement pursuant to section 47a-31, or material noncompliance with the rental agreement; (E) material noncompliance with the rules and regulations of the landlord adopted in accordance with section 47a-9 or 21-70; (F) permanent removal by the landlord of the dwelling unit of such tenant from the housing market; [or] (G) bona fide intention by the landlord to use such dwelling unit as his or her principal residence; or (H) the tenant meets grounds for eviction under subsection (b) of section 8-116c, as amended by this act.
(2) The ground stated in subparagraph (G) of subdivision (1) of this subsection is not available to the owner of a dwelling unit in a common interest community occupied by a conversion tenant.
(3) A tenant may not be dispossessed for a reason described in subparagraph (B), (F) or (G) of subdivision (1) of this subsection during the term of any existing rental agreement.
Sec. 4. Section 47a-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) [Execution] Except as provided in subsection (c) of this section, execution shall be stayed for five days from the date judgment has been rendered, provided any Sunday or legal holiday intervening shall be excluded in computing such five days.
(b) No appeal shall be taken except within such five-day period. If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay, [or unless] the defendant fails to give bond, as provided in section 47a-35a, or the provisions of subsection (c) of this section apply. If execution has not been stayed, as provided in this subsection, execution may then issue, except as otherwise provided in sections 47a-36 to 47a-41, inclusive.
(c) Execution of a judgment for possession in favor of a housing authority, municipal developer, nonprofit corporation or other lessor of a housing project on account of one or more of the reasons specified in subsection (b) of section 8-116c, as amended by this act, shall not be stayed pending an appeal unless the court makes written findings that there is a reasonable likelihood that the tenant will prevail on appeal. A motion for a stay pending appeal may be made to the appropriate appellate court or to a single justice only if the defendant is able to demonstrate in the motion that application to the lower court for the relief sought is not practicable, that the lower court has denied an application, or has refused to afford the relief which the applicant requested, with the reasons given by the lower court for its action, if any. If such judgment has not been stayed and is thereafter set aside and a judgment entered for the tenant, the tenant shall be housed in the next available unit of suitable size of the housing authority, municipal developer, nonprofit corporation or other lessor of a housing project. A tenant shall not be awarded or receive any consequential or other damages or relief as a result of said judgment or initial eviction.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2015 |
New section |
Sec. 2 |
October 1, 2015 |
8-116c |
Sec. 3 |
October 1, 2015 |
47a-23c(b) |
Sec. 4 |
October 1, 2015 |
47a-35 |
Statement of Purpose:
To ensure adequate and safe state-assisted housing for elderly persons.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]