Bill Text: CT SB01034 | 2017 | General Assembly | Introduced

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Bill Title: An Act Concerning The Storage And Sale Of The Possessions And Personal Effects Of Evicted Tenants.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-03-16 - Referred to Joint Committee on Planning and Development [SB01034 Detail]

Download: Connecticut-2017-SB01034-Introduced.html

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General Assembly		Raised Bill No. 1034
January Session, 2017		LCO No. 5216
		*05216_______PD_*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)

AN ACT CONCERNING THE STORAGE AND SALE OF THE POSSESSIONS AND PERSONAL EFFECTS OF EVICTED TENANTS.

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

Section 1. Section 47a-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Whenever a judgment is entered against a defendant pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d for the recovery of possession or occupancy of residential property, such defendant and any other occupant bound by the judgment by subsection (a) of section 47a-26h shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects unless execution has been stayed pursuant to sections 47a-35 to 47a-41, inclusive. If execution has been stayed, such defendant or occupant shall forthwith remove himself or herself, such defendant's or occupant's possessions and all personal effects upon the expiration of any stay of execution. If the defendant or occupant has not so removed himself or herself upon entry of a judgment pursuant to section 47a-26, 47a-26a, 47a-26b or 47a-26d, and upon expiration of any stay of execution, the plaintiff may obtain an execution upon such summary process judgment, and pursuant to such execution, (1) the defendant or other occupant bound by the judgment by subsection (a) of section 47a-26h [and the possessions and personal effects of such defendant or other occupant] may be removed by a state marshal, [pursuant to such execution,] and (2) the possessions and personal effects of such defendant or other occupant may be removed by the plaintiff and delivered to the place of storage designated by the chief executive officer for such purposes.

(b) Before any such removal, (1) the state marshal charged with executing upon any such judgment of eviction shall give the chief executive officer of the town twenty-four hours notice of the eviction, stating the date, time and location of such eviction, [as well as] and (2) the plaintiff shall give the chief executive officer of the town a general description, if known, of the types and amount of property to be removed from the premises and delivered to the designated place of storage. Before giving such notice of eviction to the chief executive officer of the town, the state marshal shall use reasonable efforts to locate and notify the defendant of the date and time such eviction is to take place and of the possibility of a sale pursuant to subsection (c) of this section. Such notice shall include service upon each defendant and upon any other person in occupancy, either personally or at the premises, of a true copy of the summary process execution. Such execution shall be on a form prescribed by the Judicial Department, shall be in clear and simple language and in readable format, and shall contain, in addition to other notices given to the defendant in the execution, a conspicuous notice, in large boldface type, that a person who claims to have a right to continue to occupy the premises should immediately contact an attorney, and clear instructions as to how and where the defendant may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that may be called to arrange release of such possessions and personal effects.

(c) Whenever the possessions and personal effects of a defendant are removed by a [state marshal] plaintiff under this section, such possessions and effects shall be delivered by such [marshal] plaintiff to the designated place of storage. Such removal, delivery and storage shall be at the expense of the defendant. If such possessions and effects are not reclaimed by the defendant and the expense of such storage is not paid to the [chief executive officer] plaintiff within fifteen days after such eviction, the [chief executive officer] plaintiff shall sell the same at public auction, after using reasonable efforts to locate and notify the defendant of such sale and after posting notice of such sale for one week on the public signpost nearest to the place where the eviction was made, if any, or at some exterior place near the office of the town clerk. The [chief executive officer] plaintiff shall deliver to the defendant the net proceeds of such sale, if any, after deducting a reasonable charge for storage of such possessions and effects. If the defendant does not demand the net proceeds within thirty days after such sale, the [chief executive officer] plaintiff shall turn over the net proceeds of the sale to the town treasury.

Sec. 2. Subsection (b) of section 52-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(b) Each officer or person shall receive the following fees: (1) For service of an execution on a summary process judgment, not more than fifty dollars; and (2) for removal under section 47a-42, as amended by this act, of a defendant or other occupant bound by a summary process judgment, [and the possessions and personal effects of such defendant or other occupant,] not more than one hundred dollars per hour.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2017	47a-42
Sec. 2	October 1, 2017	52-261(b)

Statement of Purpose:

To require the plaintiff in an action for the recovery of possession or occupancy of residential property to store and sell the possessions and personal effects of the defendant or other occupant of such property in the event that such defendant or occupant does not remove or reclaim such possessions and effects.

[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.]