HB 5234 — AN ACT CONCERNING THE RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS.

The landlord shall not alter the terms of the lease in the event a tenant opts to pay the full amount of the security deposit pursuant to this subdivision.

Sec.

2.

If the tenant requests such a walk-through, the landlord and tenant, or their designees, shall use a copy of the preoccupancy walk-through checklist prepared by the Commissioner of Housing sHB5234under /subsection File(c) No.of this section.

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273 under subsection (c) of this section.

After the walk-through, the landlord and thesHB5234 tenant,/ orFile theirNo. designees, shall sign duplicate copies of the walk- through checklist and each shall receive a copy.

591 sHB5234 File No.

591 the tenant, or their designees, shall sign duplicate copies of the walk- through checklist and each shall receive a copy.

Such walk-through checklist shall be admissible, subject to the rules of evidence but shall not be conclusive, as evidence of the condition of the dwelling unit at the beginning of a tenant's occupancy in any administrative or judicial proceeding.

(c) Not later than December 1, 2023,2022, the Commissioner of Housing shall (1) prepare a standardized preoccupancy walk-through checklist for any landlord and tenant to use to document the condition of any dwelling unit during a preoccupancy walk-through under subsection (a) of this section, and (2) make such checklist available on the Department of Housing Internet web site.

3.2.

(b) No landlord may demand from a prospective tenant any payment, fee or charge for the processing, review or acceptance of any rental application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except a security deposit pursuant to section 47a-21 of the general statutes or a tenant screening report as provided by subsection (c) of this section.

(c) Any landlord may charge a fee or fees to reimburse costs associated with conducting a tenant screening report, provided the sHB5234 / File No.

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273591 (c) Any landlord may charge a fee or fees to reimburse costs associated with conducting a tenant screening report, provided the cumulative fee for such tenant screening report is no more than the actual cost of the tenant screening reportreport, or twenty dollars, whichever amount is less, and the landlord shall waive any such fee if the prospective tenant provides a copy of a tenant screening report that is satisfactory to the landlord and that was conducted within thirty days of the tenant's rental application.

4.3.

(2) With respect to tenants in common interest communities, this section applies only to (A) a conversion tenant, as defined in subsection (3) of section 47-283, who (i) is described in subdivision (1) of this subsection, or (ii) is not described in subdivision (1) of this subsection but, during a transitionperiod,as defined in subsection (4) of section 47- 283, is residing in a conversion condominium created after May 6, 1980, or in any other conversion common interest community created after December 31, 1982, or (iii) is not described in subdivision (1) of this subsection but is otherwise protected as a conversion tenant by public act 80-370, and (B) a tenant who is not a conversion tenant but who is sHB5234 / File No.

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273591 December 31, 1982, or (iii) is not described in subdivision (1) of this subsection but is otherwise protected as a conversion tenant by public act 80-370, and (B) a tenant who is not a conversion tenant but who is described in subdivision (1) of this subsection if his landlord owns five or more dwelling units in the common interest community in which the dwelling unit is located.

(3) A tenant may not be dispossessed for a reason described in subparagraph (B), (F) or (G) of subdivision (1) of this subsection during sHB5234 / File No.

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273591 (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.

(e) (1) On and after January 1, 2023, whenever a dwelling unit islocated rentedin to,a building or acomplex rentalconsisting agreementof isfive enteredor intomore separate dwelling units or renewedin with,a anymobile tenantmanufactured whohome park is arented protectedto, tenantor asa describedrental inagreement subdivisionis (1)entered ofinto subsectionor (a)renewed ofwith, thisa section,tenant, the landlord of such dwelling unit or such landlord's agent shall provide such protected tenant with written notice of the provisions of subsections (b) and (c) of this section in a form as described in subdivision (2) of this subsection.

(2) Not later than January 1, 2023, the Commissioner of Housing shall create a notice which shall be used by landlords, pursuant to subdivision (1) of this subsection, to inform atenants protected tenant of the rights provided to protected tenants under subsections (b) and (c) of this section.

Such notice shall be a one-page, plain-language summary of such rights and shall be available in languages other than English, as sHB5234 / File No.

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273591 shall be a one-page, plain-language summary of such rights and shall be available in languages other than English, as determined by the commissioner.NotlaterthanJanuary1,2023,suchnoticeshallbepostedcommissioner. on the Department of Housing Internet web site.

Not later than January 1, 2023, such notice shall be posted on the Department of Housing Internet web site.

5.4.

As used in this chapter, sections 2,1 3 and 62 of this act and sections 47a- 21, as amended by this act, 47a-23 to 47a-23c, inclusive, as amended by this act, 47a-26a to 47a-26g,47a- 26g, inclusive, 47a-35 to 47a-35b, inclusive, 47a-47a-41a, 41a, 47a-43 and 47a-46 and section 47a-7b:

(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 sHB5234persons /having Filea No.joint or common interest, and any other legal or commercial entity.

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273591 personssHB5234 havingFile aNo. joint or common interest, and any other legal or commercial entity.

591 (g) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

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273591 Sec.This act shall take effect as follows and shall amend the following sections:

6.Section 1 October 1, 2022 New section Sec.

(NEW) (Effective October 1, 2022) Any landlord shall provide, at the time a tenant executes a rental agreement for any residential dwelling unit owned by the landlord, an application for admission as an elector to each tenant who is eligible to apply for admission as an elector pursuant to section 9-12 of the general statutes.

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

Section 1 October 1, 2022 47a-21(a) and (b) Sec.

3 October 1, 2022 New47a-23c section Sec.

4 October 1, 2022 47a-23c47a-1 Sec.sHB5234 / File No.

5591 October8 1,sHB5234 2022File 47a-1No. Sec.

6591 OctoberThe 1,following 2022Fiscal NewImpact section Statement and Bill Analysis are prepared for the benefit of Legislativethe Commissioners: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.

Section 1(a)(3) was rewritten for clarity and consistency;

in Sections 1(b)(1) and 1(b)(2), "coverage" was added for clarity and consistency;

in Section 1(b)(3), "requires" was changed to "would otherwise require" for accuracy and "except as provided in subdivision (5) of this subsection" was added for accuracy;

in Section 2(a), "or their designees" was added after "the landlord and tenant" for consistency, "on the walk-through checklist" was added after "shall specifically note" for accuracy, and "walk-through" was added before "checklist" for consistency;

and definitions were moved from Sections 2, 3 and 6 to a reference in Section 5, for consistency with standard drafting conventions.

HSG Joint Favorable Subst.

sHB5234 / File No.

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273 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.

Agency Affected Fund-Effect FY 23 $ FY 24 $ Department of Housing GF - Potential Minimal None Cost RevenueNote: Serv., Dept.

GF - Potential See Below See Below Revenue Gain Note:

The bill also allowsmakes landlordsother tochanges acceptimpacting damagelandlords insuranceand inresidential lieutenants ofthat ahave securityno deposit,fiscal givenimpact because the damagestate insuranceis policynot meetsa certaindirect criteria.landlord.

TheHouse bill"A" appearsstrikes toprovisions establishpermitting a newlandlord to accept damage insurance productin thatlieu isof nota currentlysecurity offereddeposit, ineliminating the state.potential revenue gain from insurance premium taxes, and makes other changes with no fiscal impact.

ToThe theOut extentYears licensedsHB5234 insurance/ carriersFile beginNo. to sell it, there would be a revenue gain to the General Fund from the 1.5% insurance premiums tax on direct written premiums sold.

The591 bill9 also makes various changes impacting landlords and residential tenants that have no fiscal impact because the state is not a sHB5234 / File No.

273591 12There sHB5234is Fileno No.fiscal impact in the out years.

273sHB5234 direct/ landlord.File No.

The591 OutsHB5234 YearsFile TheNo. annualized ongoing fiscal impact identified above would continue into the future.

Sources:591 OLR Bill Analysis sHB 5234 (as amended by House "A")* AN ACT CONCERNING THE RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS.

Department of Housing sHB5234 / File No.

273 13 sHB5234 File No.

273 OLR Bill Analysis sHB 5234 AN ACT CONCERNING THE RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS.

TheBeginning January 1, 2023, the bill allowsrequires landlords to acceptgive certaintenants bondsthe opportunity to request and commercialcomplete insurancea coveragepre-occupancy (i.e.,“walk- "damagethrough” insuranceof coverage")a indwelling placeunit after or at the time of traditionalentering securityinto deposits.a rental agreement.

The bill establishesprohibits limitsa tolandlord thefrom amountkeeping any portion of damagea insurancetenant’s coveragesecurity landlordsdeposit mayor demandseeking thatpayment alignfor withconditions existingspecifically capsidentified onduring securitythe deposits.walk-through.

AmongRental otheragreements things,entered theinto billbefore alsoJanuary establishes1, criteria2023, forare theseexempt policiesfrom and the companiesbill’s thatwalk-through offerrequirements. them.

BeginningThe Januarybill 1,limits 2023,rental theapplication-related billfees requiresthat landlords tomay givedemand tenantsfrom theprospective opportunitytenants to requestreimbursements andfor completetenant ascreening pre-occupancyreports. "walk- through" of a dwelling unit after or at the time of entering into a rental agreement.

TheIt billrequires prohibitslandlords ato landlord(1) fromprovide keepingtenants anywith portionthese ofreports and a tenant'sreceipt securityor depositinvoice orand seeking(2) paymentwaive forthe conditionsfee specificallyif identifiedthe duringprospective tenant provides a recent tenant screening report that is satisfactory to the walk-through.landlord.

RentalBeginning agreementsJanuary entered1, into2023, beforethe Januarybill 1,requires 2023,landlords areto exemptprovide fromtenants with a written Department of Housing (DOH) notice summarizing the bill'srights walk-throughof requirements.protected tenants (i.e., certain tenants at least age 62 or with a disability) whenever they rent, or enter or renew an agreement to rent, certain dwelling units.

The bill limits rental application-related fees that landlords may demand from prospective tenants to reimbursements for tenant screening reports that cannot exceed $20.

It requires landlords to (1) provide tenantswiththese reportsandareceipt or invoice and(2)waive the fee if the prospective tenant provides a recent tenant screening report that is satisfactory to the landlord.

Beginning January 1, 2023, the bill requires landlords or their agents sHB5234 / File No.

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273 to provide certain "protected tenants" with a written Department of Housing (DOH) notice summarizing applicable protections when a unit is rented to, or a rentalagreement is entered into or renewed with, them.

The billalso requireslandlordswho ownthe dwelling unit to provide all tenants who are eligible to apply for admission as an elector with a voter registration application when the tenant executes a residential rental agreement.

sHB5234 / File No.

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591 *House Amendment “A” (1) eliminates provisions (a) allowing landlords to accept damage insurance coverage in place of traditional security deposits and (b) requiring landlords to provide eligible tenants with voter registration applications;

(2) advances the deadline by which DOH must prepare a pre-occupancy walk-through checklist;

(3) eliminates the $20 cap on screening report reimbursement fees;

(4) expressly exempts security deposits from the underlying bill’s limitations on rental application-related fees;

and (5) requires landlords of certain dwelling units to provide information about protected tenants’ rights to all tenants, rather than only protected tenants.

October 1, 2022 § 1 — DAMAGEPRE-OCCUPANCY INSURANCEWALK-THROUGHS COVERAGEBeginning FORJanuary RENTERS1, The2023, the bill allowsrequires landlords to acceptgive "damagetenants insurancethe coverage"opportunity into placerequest ofand securitycomplete depositsa andpre-occupancy designate“walk- certainthrough” insuranceof companiesa fromdwelling whichunit heafter or sheat willthe accepttime policies.of entering into a rental agreement.

ItUnder requiresthe leasebill, agreementsa between“walk-through” landlordsmeans a joint, in-person inspection of a dwelling unit by the landlord and tenantstenant or their designees to identifynote theseand acceptedlist insurancethe companies.unit’s existing conditions, defects, or damages using a DOH checklist.

UnderThe thebill bill,requires damagethe insuranceDOH meanscommissioner ato bondprepare orthis commercialstandardized, insurancepre-occupancy coverage,walk-through inchecklist an amount specified in the rental agreement and notmake toit exceedavailable the existing caps on securityDOH’s deposits,website toby secureDecember the1, tenant's2022. performance of the rental agreement's terms and conditions.

ByFollowing law, landlords cannot demand a securitywalkthrough, depositlandlords thatand exceeds (1) two months' rent for tenants underor agetheir 62designees ormust (2)each onesign month'sand rentreceive forduplicate tenantscopies ageof 62the orchecklist. older.

TheWhen a tenant vacates the dwelling unit, the bill appliesprohibits thesea capslandlord tofrom keeping any portion of a tenant’s security deposit or seeking payment for a condition, defect, or damage insurancenoted coverage.in the preoccupancy walk-through checklist.

TheIn billadministrative requiresor ajudicial landlord,proceedings, afterthis previouslychecklist acceptingis aadmissible, tenant'ssubject damageto insurancethe coveragerules exceeding one month's rent in place of aevidence, securitybut deposit,not toconclusive, lateras acceptevidence replacementof damage insurance from the tenantunit’s incondition amountat up to one month's rent if the tenantbeginning subsequentlyof turneda 62-years-oldtenant’s duringoccupancy. his or her lease agreement.

Under the bill, damage insurance coverage policies must meet the following criteria:

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273591 1.§ 2 — LIMITS ON APPLICATION FEES FOR PROSPECTIVE TENANTS Thebillprohibitslandlordsfromrequiringprospectivetenantstopay rental application-related fees or make any other payments before or at the start of tenancy unless the fee is for a tenant screening report (or security deposit).

beUnder providedthe bybill, ana insurance“tenant companyscreening thatreport” (a)means isa licensedcredit orreport, authorizeda tocriminal dobackground businessreport, inan theemployment statehistory andreport, (b)a agreesrental tohistory approvereport, or denyany claimcombination paymentsof inthese accordancethat witha thelandlord Insuranceuses Department'sto regulations;determine a prospective tenant’s suitability.

2.The bill allows landlords to charge prospective tenants a fee or fees to reimburse costs associated with conducting a tenant screening report, if the cumulative fee does not exceed the actual cost of the report.

permitAdditionally, monthlythe paymentbill ofrequires premiumslandlords unlessto waive the tenant selectsscreening report fee if a differentprospective paymenttenant schedule;provides a copy of a tenant screening report that (1) is satisfactory to the landlord and (2) was conducted within 30 days of the tenant’s rental application.

3.§ 3 — REQUIRED NOTICE OF PROTECTED TENANT STATUS By law, certain tenants have additional protections against evictions and rent increases (see below).

takeThese effect“protected whentenants” agenerally tenantinclude makesthose theresiding firstin premiumdwelling paymentunits andin remainbuildings effectiveor forcomplexes theconsisting entireof leasefive timeor withmore certainseparate exceptions;units or mobile manufactured home parks who are (1) at least age 62 or (2) individuals with disabilities.

andBeginning 4.January 1, 2023, the bill requires landlords or their agents to provide a written DOH notice summarizing these protections to any tenant that rents, or enters or renews an agreement to rent, one of the units described above.

provideperExisting claimlaw, coverageunchanged notby lessthe thanthebill, amountprohibits theprotected landlordtenants wouldfrom havebeing requiredevicted solely for thetheir securitylease deposit.expiring (i.e., lapse of time).

Additionally, the bill requires insurance companies that provide damage insurance coverage to provide landlords with written notice within 10 days after a tenant cancels a policy or allows it to lapse.

Finally, the bill allows tenants that have opted to use a damage insurance coverage policy to cancel it at any time and instead pay the full security deposit their landlord requires.

In such a case, the bill prohibits a landlord from altering the lease terms.

(Presumably, this means altering the terms other than the security deposit provision.) § 2 — PRE-OCCUPANCY WALK-THROUGHS Beginning January 1, 2023, the bill requires landlords to give tenants the opportunity to request and complete a pre-occupancy "walk- through" of a dwelling unit after or at the time of entering into a rental agreement.

Under the bill, a "walk-through" means a joint, in-person inspection of a dwelling unit by the landlord and tenant or their designees to note and list the unit's existing conditions, defects, or damages using a DOH checklist.

The bill requires the DOH commissioner to prepare this standardized, pre-occupancy walk-through checklist and make it available on DOH's website by December 1, 2023.

Following a sHB5234 / File No.

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273 walkthrough, landlords and tenants or their designees must each sign and receive duplicate copies of the checklist.

When a tenant vacates the dwelling unit, the bill prohibits a landlord from keeping any portion of a tenant's security deposit or seeking payment for a condition, defect, or damage noted in the preoccupancy walk-through checklist.

In administrative or judicial proceedings, this checklist is admissible, but not conclusive, as evidence of the unit’s condition at the beginning of a tenant's occupancy.

§ 3 — LIMITS ON APPLICATION FEES FOR PROSPECTIVE TENANTS Thebillprohibitslandlordsfromrequiringprospectivetenantstopay rental application-related fees or make any other payments before or at the start of tenancy unless the fee is for a tenant screening report.

Under the bill, a "tenant screening report" means a credit report, a criminal background report, an employment history report, a rental history report, or any combination of these that a landlord uses to determine a prospective tenant’s suitability.

The bill allows landlords to charge prospective tenants a fee or fees to reimburse costs associated with conducting a tenant screening report.

The cumulative fee cannot exceed $20 or the actual cost of the report, whichever is less.

Additionally, the bill requires landlords to waive the tenant screening report fee if a prospective tenant provides a copy of a tenant screeningreportthat (1)issatisfactory to thelandlordand(2)was conducted within 30 days of the tenant's rental application.

§ 4 — REQUIRED NOTICE FOR PROTECTED TENANTS By law, "protected tenants" are generally those residing in certain buildings or mobile manufactured home parks who are (1) at least age or (2) individuals with disabilities.

Existing law prohibits protected tenants from being evicted solely for their lease expiring (i.e., lapse of time).

Beginning January 1, sHB5234 / File No.

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273591 2023,Under the billbill, requiresthe landlordsDOH orcommissioner theirmust agentscreate tothe provideone-page, protectedplain-language tenantssummary withof aprotected writtentenants’ DOHrights noticeand summarizingpost theseit provisionson whenthe adepartment’swebsitebyJanuary1,2023.Thebillrequiresthatthenotice unitbe isavailable rentedto,in orother arentallanguages agreementin isaddition enteredto intoEnglish, oras reneweddetermined with,by them.the commissioner.

Under the bill, the DOH commissioner must create a one-page, plain- language summary of protected tenants' rights and post it on the department website by January 1, 2023.

The bill requires that the notice be available in other languages in addition to English, as determined by the commissioner.

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