Connecticut 2021 Regular Session Status: In Committee 2 D cosponsors

HB 6437 — AN ACT REQUIRING LANDLORDS TO NOTIFY TENANTS OF FORECLOSURE PROCEEDINGS.

Last action — FILE NO. 136

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

112 added · 23 removed

112 line(s) added, 23 removed.

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Previous
Latest
General Assembly Raised Bill No.
House of Representatives General Assembly File No.
6437 January Session, 2021 LCO No.
136 January Session, 2021 House Bill No.
2815 Referred to Committee on HOUSING Introduced by:
6437 House of Representatives, March 25, 2021 The Committee on Housing reported through REP.
(HSG) AN ACT REQUIRING LANDLORDS TO NOTIFY TENANTS OF FORECLOSURE PROCEEDINGS.
MCGEE of the 5th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.
AN ACT REQUIRING LANDLORDS TO NOTIFY TENANTS OF FORECLOSURE PROCEEDINGS.
Not later than ten business days after receipt of any notice, the Commissioner of Housing shall cause such notice to be posted on the Internet web site of the department.
Not later than ten business days after receipt of any notice, the Commissioner of Housing shall cause HB6437 / File No.
LCO 2815 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06437-R011 of 6 HB.docx Raised Bill No.
136 1 HB6437 File No.
6437 (b) Any tenant receiving notice of such foreclosure proceeding may file an action under section 47a-14h of the general statutes, as amended by this act, to seek an order of the court appointing a receiver to collect rent until the foreclosure proceeding is resolved.
136 such notice to be posted on the Internet web site of the department.
(b) Any tenant receiving notice of such foreclosure proceeding may file an action under section 47a-14h of the general statutes, as amended by this act, to seek an order of the court appointing a receiver to collect rent until the foreclosure proceeding is resolved.
[The] Unless the complaint concerns section 2 of this act, the complaint shall also allege that at least twenty-one days prior to the date on which the complaint is LCO 2815 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-064372 of 6 R01-HB.docx } Raised Bill No.
[The] Unless the complaint concerns section 2 of this act, the complaint shall also allege HB6437 / File No.
6437 filed, the tenant made a complaint concerning the premises to the municipal agency, in the municipality where the premises are located, responsible for enforcement of the housing code or, if no housing code exists, of the public health code, or to the agency responsible for enforcement of the code or ordinance alleged to have been violated, or to another municipal agency which referred such complaint to the municipal agency responsible for enforcement of such code or ordinance.
136 2 HB6437 File No.
136 that at least twenty-one days prior to the date on which the complaint is filed, the tenant made a complaint concerning the premises to the municipal agency, in the municipality where the premises are located, responsible for enforcement of the housing code or, if no housing code exists, of the public health code, or to the agency responsible for enforcement of the code or ordinance alleged to have been violated, or to another municipal agency which referred such complaint to the municipal agency responsible for enforcement of such code or ordinance.
If the court orders a retroactive abatement of rent pursuant to [subdivision (4) of this subsection] subparagraph (D) of this subdivision and all or a portion of the tenant's rent was deposited with the court pursuant to subsection (h) of this LCO 2815 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06437-3 of 6 R01-HB.docx } Raised Bill No.
If the court orders a retroactive abatement of rent pursuant to [subdivision (4) of this subsection] subparagraph (D) of this subdivision and all or a portion of the tenant's rent was deposited with the court pursuant to subsection (h) of this HB6437 / File No.
6437 section by a housing authority, municipality, state agency or similar entity, any rent ordered to be returned shall be returned to the tenant and such entity in proportion to the amount of rent each deposited with the court pursuant to subsection (h) of this section.
136 3 HB6437 File No.
136 section by a housing authority, municipality, state agency or similar entity, any rent ordered to be returned shall be returned to the tenant and such entity in proportion to the amount of rent each deposited with the court pursuant to subsection (h) of this section.
LCO 2815 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06437-4 of 6 R01-HB.docx } Raised Bill No.
HB6437 / File No.
6437 (f) "Person" means an individual, corporation, limited liability company, the state or any political subdivision thereof, or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.
136 4 HB6437 File No.
136 (f) "Person" means an individual, corporation, limited liability company, the state or any political subdivision thereof, or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(m) "Tenement house" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is LCO 2815 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06437- 5 of 6 R01-HB.docx } Raised Bill No.
(m) "Tenement house" means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or HB6437 / File No.
6437 arranged or designed to be occupied, or is occupied, as the home or residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards.
136 5 HB6437 File No.
136 residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards.
5 July 1, 2021 47a-1 HSG Joint Favorable LCO 2815 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06437- 6 of 6 R01-HB.docx }
5 July 1, 2021 47a-1 HSG Joint Favorable HB6437 / File No.
136 6 HB6437 File No.
136 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill does not result in a fiscal impact for the Department of Housing to post on its website notices it receives from owners of rental housing subject to foreclosure proceedings.
The Out Years State Impact:
None Municipal Impact:
None Sources:
Department of Housing HB6437 / File No.
136 7 HB6437 File No.
136 OLR Bill Analysis HB 6437 AN ACT REQUIRING LANDLORDS TO NOTIFY TENANTS OF FORECLOSURE PROCEEDINGS.
SUMMARY This bill requires property owners and landlords renting out residential dwelling units in buildings subject to a foreclosure proceeding to provide notice of the proceeding to certain parties.
Landlords must provide this notice to prospective tenants, while owners must notify the Department of Housing (DOH) commissioner, the chief executive of the municipality where the property is located, and all current tenants.
Under thebill,a tenant whosedwelling unit is subject to aforeclosure proceeding may file for a court-appointed receiver to collect rent until the proceeding is resolved.
The bill also makes technical and conforming changes.
EFFECTIVE DATE:
Show all 68 changed rows (28 more)
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Latest
October 1, 2021, except the requirement that landlords notify prospective tenants and a conforming change are effective July 1, 2021.
NOTICE TO PROSPECTIVE TENANTS The bill requires landlords to provide written notice to prospective tenants before entering into a rental agreement for a dwelling unit located in a building that (1) has been foreclosed on or (2) is subject to a pending foreclosure proceeding.
By law, a“dwelling unit” isany house or building, or portion ofit, that is occupied, designed to be occupied, or rented, leased, or hired out to be occupied, as a home or residence of one or more individuals.
HB6437 / File No.
136 8 HB6437 File No.
136 A “landlord” is the owner, lessor, or sublessor of the dwelling unit, the building of which it is a part, or the premises.
An “owner” is one or more individuals jointly or severally, with all or part of the (1) legal title to property or (2) beneficial ownership and a right to present use and enjoyment of the premises and includes a mortgagee in possession.
NOTICE TO CURRENT TENANTS AND OTHER PARTIES Thebillrequires ownersofadwelling unit that issubject to a pending foreclosure proceeding to provide written notice within 10 days after receiving notice of the proceeding to (1) the DOH commissioner, (2) the chief executive officer of the municipality where the property is located, and (3) all tenants residing in the dwelling.
The bill requires the DOH commissioner to post the notice on the department’s website within 10 business days after receiving it.
Under existing law, tenants of foreclosed residential properties must receive notice:
1.
at the time of succession (contact information for property management personnel) (CGS § 47a-6) or 2.
whena successor ininterest choosestoevictthem(90days' notice to vacate) (CGS § 49-31p).
COURT-APPOINTED RECEIVERSHIP The bill allows tenants whose units are subject to a foreclosure proceeding to seek a court order appointing a receiver to collect rent until the proceeding is resolved.
To do so, tenants must institute an action in the Superior Court that has jurisdiction over housing matters in the judicial district where the property is located (i.e., either housing court or judicial district court, depending on the district).
To institute an action under the bill, tenants must (1) pay a $25 entry fee, which may be waived under certain circumstances, and (2) file a complaint under oath with the court clerk that includes the certain information.
This information includes:
HB6437 / File No.
136 9 HB6437 File No.
136 1.
the tenant’s name, 2.
the owner’s name, 3.
the property address, 4.
a copy of the written foreclosure notice the owner provided, and 5.
the rent due dates and amount under the rental agreement.
Under the bill, relief awarded through this judicial process is limited to court-appointed receivership of rent during the foreclosure proceeding.
(The bill does not specify what happens once the proceeding is resolved.) COMMITTEE ACTION Housing Committee Joint Favorable Yea 12 Nay 3 (03/09/2021) HB6437 / File No.
136 10
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill requires landlords to notify tenants of foreclosure proceedings and allows tenants to seek a court-appointed receiver to collect rent during such proceedings.

  • When renting any dwelling unit that is located in a building that is subject to a pending foreclosure proceeding or where a judgment has been entered against the owner or landlord in a foreclosure proceeding, the landlord shall, prior to entering into a rental agreement, provide the prospective tenant with a written notice of such pending foreclosure proceeding or judgment.

    This establishes a new duty for landlords to inform prospective tenants about foreclosure statuses.

  • Any owner of property containing a dwelling unit that is subject to a pending foreclosure proceeding shall provide written notice of such proceeding to the Commissioner of Housing, the chief executive officer of the municipality in which such property is located and to all tenants residing in such dwelling unit, not later than ten days after receiving notice of such foreclosure proceeding.

    This creates a requirement for property owners to notify various parties about foreclosure proceedings.

  • Any tenant receiving notice of such foreclosure proceeding may file an action under section 47a-14h of the general statutes, as amended by this act, to seek an order of the court appointing a receiver to collect rent until the foreclosure proceeding is resolved.

    This allows tenants to initiate legal action for appointing a receiver to manage rent collection during foreclosure.

  • 47a-14h

    subsections (a) and (b) → substituted in lieu thereof (Effective October 1, 2021): (a) Any tenant who claims that the landlord has failed to perform his or her legalduties, asrequiredby section47a-7or 47a-7aor subdivisions (1) to (13), inclusive, of subsection (a) of section 21-82 or that the property containing the dwelling unit that the tenant occupies is subject to a foreclosure proceeding, as described in section 2 of this act, may institute an action in the superior court having jurisdiction over housing matters in the judicial district in which such tenant resides to obtain the relief authorized by this section, section 2 of this act and sections 47a-7a, 47a-20 and 47a-68.

    This updates the statute to allow tenants to sue if their property is undergoing foreclosure.

  • 47a-14h

    subsection (e) → substituted in lieu thereof (Effective October 1, 2021): (1) Except as provided in subdivision (2) of this section, the complainant may seek and the court may order interim or final relief including, but not limited to, the following: [(1)] (A) An order compelling the landlord to comply with the landlord's duties under local, state or federal law; [(2)] (B) an order appointing a receiver to collect rent or to correct conditions in the property which violate local, state or federal law; [(3)] (C) an order staying other proceedings concerning the same property; [(4)] (D) an award of money damages, which may include a retroactive abatement of rent paid pursuant to subsection (h) of this section; and [(5)] (E) such other relief in law or equity as the court may deem proper.

    This extends the types of relief available to tenants in court related to foreclosure proceedings.

  • 47a-1

    Section 47a-1 → the following is substituted in lieu thereof (Effective July 1, 2021): As used in this chapter, sections 1 and 2 of this act and sections 47a-21, 47a-23 to 47a-23c, inclusive, 47a-26a to 47a-26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46:

    This replaces the definition section for clarity regarding the act's application and scope.

Action History

  1. FILE NO. 136

  2. HOUSE CALENDAR NUMBER 130

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/24/21

  6. FILED WITH LCO

  7. Joint Favorable

  8. PUBLIC HEARING 0218

  9. REF. TO JOINT COMM. ON Housing

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors HB 6437?
HB 6437 is sponsored by Michael DiGiovancarlo (Democratic) and Joseph P. Gresko (Democratic).
What is the current status of HB 6437?
This bill died with 2021 Regular Session. It reached “In Committee” 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.
Where can I track HB 6437?
Track HB 6437 free on One Click Politics — get push/email alerts when it moves.

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