AN ACT ALLOWING LANDLORDS TO ACCEPT CERTAIN ADVANCE RENTAL PAYMENTS.
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SB 926 — AN ACT ALLOWING LANDLORDS TO ACCEPT CERTAIN ADVANCE RENTAL PAYMENTS.
Last action — HOUSE CALENDAR NUMBER 679
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
316 added · 368 removed316 line(s) added, 368 removed.
General Assembly SubstituteRaised Bill No.
926 January Session, 2019 ANLCO ACTNo. ALLOWING LANDLORDS TO ACCEPT CERTAIN ADVANCE RENTAL PAYMENTS.
4644 Referred to Committee on BANKING Introduced by:
(BA) AN ACT ALLOWING LANDLORDS TO ACCEPT CERTAIN ADVANCE RENTAL PAYMENTS.
(5)LCO "FinancialNo. institution" means any state bank and trust company, national bank, savings bank, federal savings bank, savings and loan association, and federal savings and loan association that is located in this state.
LCO4644 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00926-R11 of 1211 SB.docxRaised Substitute Bill No.No.926 (5) "Financial institution" means any state bank and trust company, national bank, savings bank, federal savings bank, savings and loan association, and federal savings and loan association that is located in this state.
926 (6) "Forwarding address" means the address to which (A) a security deposit may be mailed for delivery to a former tenant,tenant. or (B) a rent assistance payment may be mailed for delivery to a rent assistance program.
(10) "Rent assistance program" means a local, county, state, federal or nonprofit program or organization that makes advancerent rentalassistance paymentspayments. directly to a landlord on behalf of a tenant.
[(11)] (13) "Security deposit" means any advance rental payment or rent assistance payment, or any installment payment collected pursuant to section 47a-22a, except (A) a rent assistance payment, (B) an advance payment for the first month's rent,rent or (C) a deposit for a key or any special equipment.
[(12)] (14) "Successor" means any person who succeeds to a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0092 of 12 R01-SB.docx } Substitute Bill No.
9264644 2 of 11 Raised Bill No.926 [(12)] (14) "Successor" means any person who succeeds to a landlord's interest whether by purchase, foreclosure or otherwise and includes a receiver.
(3) A landlord may receive and accept rent assistance payments for one or more month's rent, notincluding torent exceedassistance payments for the total amount of rental payments due to the landlord under the remainder of a tenant's lease.
(c) Any security deposit paid by a tenant andor any rent assistance payment paid by a rent assistance program shall remain the property of such tenant or rent assistance program, as the case may be, in which the landlord shall have a security interest, as defined in subdivision (35) of subsection (b) of section 42a-1-201, to secure such tenant's obligations.
A security deposit or rent assistance payment shall be exempt from attachment and execution by the creditors of the landlord and shall not be considered part of the estate of the landlord in any legal proceeding.
Any voluntary or involuntary transfer of a landlord's interest in residential real property to a successor shall constitute an assignment to such successor of such landlord's security interest in all LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0093 of 12 R01-SB.docx } Substitute Bill No.
9264644 security3 deposits and rent assistance payments paid by or on behalf of tenants11 ofRaised suchBill transferredNo. residential real property.
(d)926 (1)assignment Notto latersuch thansuccessor the time specified in subdivision (2) of thissuch subsection,landlord's thesecurity personinterest whoin isall thesecurity landlorddeposits atpaid theby timeor aon tenancybehalf isof terminated,tenants otherof thansuch atransferred rentresidential receiver,real shallproperty. (A) pay to the tenant [or former tenant:
(A)(d) The](1) (i)Not thelater amountthan ofthe anytime securityspecified depositin thatsubdivision was(2) depositedof bythis thesubsection, tenant with the person who wasis the landlord at the time sucha securitytenancy depositis wasterminated, depositedother lessthan the value of any damages that any person who was a landlordrent ofreceiver, suchshall premisespay atto any time during the tenancy of such tenant hasor suffered[former astenant] arent resultassistance ofprogram, suchas tenant'sthe failurecase tomay complybe: with such tenant's obligations;
and(A) [(B)]The (ii)amount of any accruedsecurity interest;deposit that was deposited by the tenant or rent assistance program with the person who was landlord at the time such security deposit was deposited less the value of any damages that any person who was a landlord of such premises at any time during the tenancy of such tenant has suffered as a result of such tenant's failure to comply with such tenant's obligations;
and (B) pay to the rent assistance program (i) the amount of any rentaccrued assistanceinterest. payments paid by the rent assistance program to the person who was landlord at the time such payment was made less any monthly rental payments disbursed to the landlord pursuant to subparagraph (H) of subdivision (2) of subsection (h) of this section;
andIf (ii)the anylandlord accruedat interest.the time of termination of a tenancy is a rent receiver, such rent receiver shall return security deposits in accordance with the provisions of subdivision (3) of this subsection.
If the landlord at the time of termination of a tenancy is a rent receiver, such rent receiver shall return security deposits and rent assistance payments in accordance with the provisions of subdivision (3) of this subsection.
Not later than thirty days after termination of a tenancy or fifteen days after receiving written notification of such [tenant's] tenant or rent assistance program's forwarding address, whichever is later, each landlord other than a rent receiver shall,shall as applicable (A) deliver to the tenant [oror former[former tenant] rent assistance program, at such tenant's forwarding addressaddress, [either[either] as applicable (A) the full amount of the security deposit paid by such tenant or rent assistance program plus accrued interest, or (B)](B) the balance of [such]such the security deposit paid by such tenant and accrued interest after deduction for any (i) damages suffered by such landlord by reason of such tenant's failure to comply with such tenant's obligations, together with a written statement itemizing LCOthe {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0094nature and amount of 12such R01-SB.docxdamages, }and Substitute(ii) Billpast No.due rental payments.
926Any thelandlord naturewho andviolates amountany provision of suchthis damages,subsection andshall (B)be deliverliable tofor thetwice rent assistance program at such rent assistance program's forwarding address the balanceamount of any rentsecurity assistancedeposit payments paid by such tenant or rent assistance programprogram, andexcept accruedthat, interestif afterthe deductiononly ofviolation anyis monthlythe rentalfailure payments disbursed to deliver the landlordaccrued pursuantinterest, subparagraphsuch (H)LCO ofNo. subdivision (2) of subsection (h) of this section.
Any4644 landlord4 who violates any provision of this11 subsectionRaised withBill respectNo.926 to a security deposit shall be liable to the tenant for twice the amount of any security deposit paid by such tenant and any landlord who violates any provision of this subsection with respect to a rent assistance payment shall be liable to the rent assistance program for twice the amount of any rent assistance payment paid by such rent assistance program, except that, if the only violation of this subsection is the failure to deliver the accrued interest to the tenant or rent assistance program, such landlord shall be liable for ten dollars or twice the amount of the accrued interest, whichever is greater.
(3) (A) Any receiver who is authorized by a court to return security deposits and rent assistance payments, and to inspect the premises of any tenant shall pay security deposits,deposits rent assistance payments and accrued interest in accordance with the provisions of subdivisions (1) and (2) of this subsection from the operating income of such receivership to the extent that any such payments exceed the amount in any escrow accounts for such tenants or rent assistance programs.
(B) Any rent receiver shall present any claim by any tenant foror return of a security deposit and any claim by any rent assistance program for return of a rentsecurity assistancedeposit payment to the court which authorized the rent receiver.
(e) A successor, other than a receiver, shall be liable for [the] claims [of] by tenants [of such property] and rent assistance programs for the return of any part of [such]such a security deposit which is or becomes due to such tenant or rent assistance LCOprogram {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0095during ofthe 12time R01-SB.docxsuch }successor Substituteis Billa No.landlord.
926A receiver's liability for payment whichof issecurity ordeposits becomesand dueinterest under this section shall be limited to the balance in any escrow account for such tenanttenants or rent assistance programprograms duringmaintained theby timesuch receiver in such successorreceivership isin aaccordance landlord.with subsection (h) of this section and to the operating income generated in such receivership.
A receiver's liability for payment of security deposits, rent assistance payments and interest under this section shall be limited to the balance in any escrow account for such tenants or rent assistance programs maintained by such receiver in such receivership in accordance with subsection (h) of this section and to the operating income generated in such receivership.
(g) Any person may bring an action in replevin or for money damages in any court of competent jurisdiction to reclaim any part of such person's security deposit or rent assistance payment which may be due.
This section does not precludeLCO theNo. landlord, rent assistance program or tenant from recovering other damages to which the landlord, rent assistance program or tenant may be entitled.
(h)4644 (1)5 Eachof landlord11 shallRaised immediatelyBill depositNo.926 preclude the entirelandlord, amountrent ofassistance (A)program anyor securitytenant deposit received by such landlord from eachrecovering tenant,other anddamages (B)to anywhich rentthe assistancelandlord, payment received by such landlord from each rent assistance program into one or more escrow accounts established or maintained in a financial institution for the benefit of each tenant andmay eachbe rententitled. assistance program.
(h) (1) Each landlord shall immediately deposit the entire amount of any security deposit received by such landlord from [each] any tenant or rent assistance program into one or more escrow accounts established or maintained in a financial institution for the benefit of [each] such tenant or rent assistance program.
(A) Disburse pursuant to subsection (d) of this section the amount of any (i) security deposit and accrued interest due to a tenant,tenant [pursuant to subsection (d) of this section] or (ii) rent assistance paymentprogram andpursuant accrued interest due to asubsection rent(d) assistanceof program;this section;
(B) LCOdisburse {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0096interest ofto 12a R01-SB.docxtenant }or Substituterent Billassistance No.program pursuant to subsection (i) of this section;
926(C) disbursemake interesta totransfer aof tenantthe orentire rentamount assistanceof programcertain security deposits pursuant to subsectionsubdivision (i)(3) of this section;subsection;
(C) make a transfer of the entire amount of certain security deposits and rent assistance payments pursuant to subdivision (3) of this subsection;
(E) retain all or any part of a security deposit and accrued interest after termination of tenancy equal to (i) the damages suffered by the landlord by reason of the tenant's failure to comply with such tenant's obligations;obligations, and (ii) past due rental payments;
(F) disburse at any time during tenancy all or any part of the security deposit to a tenant [at any time during tenancy;] or all or any part of a rent assistance paymentprogram toat theany renttime assistanceduring program;tenancy;
Show all 68 changed lines (28 more)
[or] (G) transfer such funds to another financial institution or escrow account, provided such funds remain continuously in an escrow account;
or (H) disburse monthly rental payments to the landlord,landlord as such payments become due under the terms of the tenant's lease,lease. from a rent assistance payment received pursuant to subdivision (3) of subsection (b) of this section.
(3) (A) Whenever any real estate is voluntarily or involuntarily transferred from a landlord, other than a receiver, to a successor, including a receiver, such landlord shall withdraw from the escrow accountLCO andNo. deliver to the successor the entire amount of security deposits and rent assistance payments paid by or on behalf of tenants of the property being transferred, plus any interest accrued pursuant to subsection (i) of this section.
If4644 at6 the time of transfer11 ofRaised suchBill realNo.926 estateaccount theand fundsdeliver into suchthe accountsuccessor arethe commingledentire withamount of security deposits or rent assistance payments paid by or on behalf of tenants inof realthe estateproperty not being transferredtransferred, toplus suchany successor,interest andaccrued ifpursuant atto suchsubsection time the funds in such account are less than the amount of (i) security deposits paid by all tenants whose security deposits are contained in such account, and (ii) rent assistance payments paid by all rent assistance programs whose rent assistance payments are contained in such account, such landlord shall deliver to such successor a pro rata share of securitythis depositssection. and rent assistance payments paid by or on LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0097 of 12 R01-SB.docx } Substitute Bill No.
926If at the time of transfer of such real estate the funds in such account are commingled with security deposits paid by or on behalf of tenants in real estate not being transferred to such successor, and if at such time the funds in such account are less than the amount of security deposits paid by or on behalf of all tenants whose security deposits are contained in such account, such landlord shall deliver to such successor a pro rata share of security deposits paid by or on behalf of tenants of the real estate being transferred to such successor.
The order of such court shall provide for the priority of the present and future rights of tenants and rent assistance programs to security deposits and rent assistance payments paid by [them] such tenants or rent assistance programs over the rights of any secured or unsecured creditor of any person and shall provide that the funds in such [account]account escrow accounts shall be delivered to the successor of such receiver for immediate deposit in (i) an escrow account for tenants who paid security deposits,deposits andor (ii)any an escrow account for rent assistance programsprogram that paid a rentsecurity assistancedeposit payment on behalf of a tenant.
(4) (A) The landlord shall provide each tenant and any rent assistance program that paid a security deposit on behalf of a tenant with a written notice stating the amount held for the benefit of the tenant and the name and address of the financial institution at which the tenant's security deposit is being held not later than thirty days after the landlord receives a security deposit from or on behalf of the tenant or the tenant's previous landlord or transfers the security deposit to another financial institution or escrow account.
The(B) landlordIf shallthe providecommissioner eachmakes rent assistance program with a written noticerequest statingto the amountlandlord offor any rentinformation assistancerelated paymentsto beinga held[tenant's] forsecurity thedeposit, benefitincluding of the tenant and the name and address of theeach financial institution atin which any suchescrow paymentsaccount areis beingmaintained heldand not later than thirty days after the landlordaccount receivesnumber aof renteach assistanceescrow paymentaccount, from the rentLCO assistanceNo. program or the tenant's previous landlord or transfers the rent assistance payment to another financial institution or escrow account.
(B)4644 If7 the commissioner makes a written request to the landlord for any information related to a [tenant's] security deposit or rent assistance payment, including the name of each11 financialRaised institutionBill inNo.926 which any escrow account is maintained and the account number of each escrow account, the landlord shall provide such information to the commissioner not later than seven days after the request is made.
LCO(i) {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0098On and after July 1, 1993, each landlord other than a landlord of 12a R01-SB.docxresidential }unit Substitutein Billany No.building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in subdivisions (1), (2) and (3) of section 21-64, shall pay interest on each security deposit received by such landlord at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent.
926 (i) On and after July 1, 1993, each landlord other than a landlord of a residential unit in any building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in subdivisions (1), (2) and (3) of section 21-64, shall pay interest on each security deposit or rent assistance payment received by such landlord at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point, except in no event shall the rate be less than one and one-half per cent.
On the anniversary date of the tenancy and annually thereafter, [such]such interest on a security deposit shall be paid to the tenanttenant, or[or] resident or rent assistance program or credited toward the next rental payment due from the tenant or resident, as the landlord or owner shall determine, andunless interestthe on a rent assistance paymentprogram shallrequires bethat paidany tosuch theinterest rentbe assistancepaid program or credited towarddirectly theto next rental payment due from the tenant or resident, as the landlord or owner shall determine, unless the rent assistance programprogram. requires otherwise.
If the tenancy is terminated before the anniversary date of such tenancy, or if the landlord or owner returns all or part of a security deposit or a rent assistance payment prior to termination of the tenancy, the landlord or owner shall,shall not later than thirty days after such termination or return, pay the accrued interest onto athe securitytenant, deposit[or] toresident theor tenantrent orassistance residentprogram [notnot later than thirty days after such termination or return]return. and the accrued interest on a rent assistance payment to the rent assistance program.
Interest shall not be paid to a tenant or rent assistance program for any month in which the tenant has been delinquent for more than ten days in the payment of any monthly rent, unless the landlord imposes a late charge for such LCOdelinquency. {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0099 of 12 R01-SB.docx } Substitute Bill No.
926No delinquency.landlord shall increase the rent due from a tenant because of the requirement that the landlord LCO No.
No4644 landlord8 shall increase the rent due from a tenant because of the11 requirementRaised thatBill theNo.926 landlord pay on interest the security deposit.
A landlord that timely receives a rent assistance payment in the full amount of one or more month'smonths' rent shall be deemed to have received a monthly rental payment from the tenant for the month or months such rent assistance payment is intended by the rent assistance program to cover.
(3) The commissioner may adopt regulations, in accordance with LCOchapter {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0091054, ofto 12carry R01-SB.docxout }the Substitutepurposes Billof No.this section.
926LCO chapterNo. 54, to carry out the purposes of this section.
4644 9 of 11 Raised Bill No.926 (k) (1) Any person who is a landlord at the time of termination of a tenancy and who knowingly and wilfully fails to pay all or any part of a security deposit or rent assistance payment when due shall be subject to a fine of not more than two hundred fifty dollars for each offense, provided it shall be an affirmative defense under this subdivision that [such]such the landlord's failure to return all or any part of a security deposit was caused by such landlord's good faith belief that [he]he the landlord was entitled to deduct the value of damages [he]he the landlord has suffered as a result of such tenant's failure to comply with such tenant's obligations.
LCOThis {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0011act ofshall 12take R01-SB.docxeffect }as Substitutefollows Billand No.shall amend the following sections:
926Section This1 actOctober shall1, take2019 effect47a-21 asLCO followsNo. and shall amend the following sections:
Section4644 110 Octoberof 1,11 2019Raised 47a-21Bill StatementNo. of Legislative Commissioners:
In926 SectionStatement 1of (b)(3),Purpose: "including rent assistance payments up to" was changed to "not to exceed" for clarity and conciseness, and in Section 1 (d)(2), "tenant at such forwarding address" was changed to "tenant at such tenant's forwarding address" and "rent assistance program at such forwarding address" was changed to "rent assistance program at such rent assistance program's forwarding address" for clarity.
BATo Jointallow Favorablelandlords Subst.to accept advance rental payments made on behalf of tenants by certain rental assistance programs.
LCO[Proposed R01-SB.docxdeletions }OUSERS\FORZANOF\WS\2019SB-00926-are 12enclosed ofin 12brackets.
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.] LCO No.
4644 11 of 11
Show all 68 changed rows (28 more)
View plain text versions (2)
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Action History
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HOUSE CALENDAR NUMBER 679
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FAV. RPT., TABLED FOR HOUSE CALENDER
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SENATE PASSED
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FILE NO. 259
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SENATE CALENDAR NUMBER 140
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/01/19
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0226
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REF. TO JOINT COMM. ON Banking
Sponsors
- Banking Committee · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 186 not signed on
Sponsors (1)
- Banking Committee
Co-sponsors (0)
None.
Not signed on (186)
186 members have not signed on to this bill.
Show all 186 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 926?
- SB 926 is sponsored by Banking Committee.
- What is the current status of SB 926?
- This bill died with 2019 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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