HB 5344 — AN ACT CONCERNING ADVANCE RENTAL PAYMENTS.

House of Representatives General Assembly RaisedFile Bill No.

5344168 February Session, 2022 LCOHouse Bill No.

14835344 ReferredHouse toof Representatives, March 29, 2022 The Committee on HOUSINGHousing Introducedreported by:through REP.

(HSG)WILLIAMS ANof ACTthe CONCERNING100th ADVANCEDist., RENTALChairperson PAYMENTS.of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING ADVANCE RENTAL PAYMENTS.

(4) "Escrow agent" means the person in whose name an escrow accountHB5344 is/ maintained.File No.

LCO168 14831 \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05344-R01HB5344 ofFile 13 HB.docx Raised Bill No.

5344168 (5)account "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 locatedmaintained. in this state.

(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.

(13)"Tenant"meansatenant,asdefinedinsection47a-1,oraresident, asHB5344 defined/ inFile sectionNo. 21-64.

LCO168 14832 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05344-2HB5344 ofFile 13 R01-HB.docx } Raised Bill No.

5344168 (14)as "Tenant'sdefined obligations"in means (A) the amount of any rental or utility payment duethelandlordfromatenant;(B)atenant'sobligations undertheprovisionsofsection47a-11;and(C) theactualreasonablecost of changing the locks of the dwelling unit pursuant to section 47a-7b,21-64. if the tenant has not paid such cost.

(14) "Tenant's obligations" means (A) the amount of any rental or utility payment duethelandlordfromatenant;(B)atenant'sobligations undertheprovisionsofsection47a-11;and(C) theactualreasonablecost of changing the locks of the dwelling unit pursuant to section 47a-7b, if the tenant has not paid such cost.

(A) The amount of any security deposit that was deposited by the tenant with the person who was landlord at the time such security depositHB5344 was/ depositedFile less the value of any damages that any person LCO 1483 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05344-3 of 13 R01-HB.docx } Raised Bill No.

5344168 who3 wasHB5344 aFile landlordNo. 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;

168 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;

LCOHB5344 1483/ {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-053444File of 13 R01-HB.docx } Raised Bill No.

5344168 [(e)]4 (d)HB5344 AFile successor,No. other than a receiver, shall be liable for the claims of tenants of such property for return of any part of such security deposit which is or becomes due to such tenant during the time such successor is a landlord.

168 [(e)] (d) A successor, other than a receiver, shall be liable for the claims of tenants of such property for return of any part of such security deposit which is or becomes due to such tenant during the time such successor is a landlord.

(E) retain LCOall 1483or {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-053445any part of 13a R01-HB.docxsecurity }deposit Raisedand Billaccrued interest after HB5344 / File No.

5344168 all5 orHB5344 anyFile partNo. of a security deposit and accrued interest after termination of tenancy equal to the damages suffered by the landlord by reason of the tenant's failure to comply with such tenant's obligations;

168 termination of tenancy equal to the damages suffered by the landlord by reason of the tenant's failure to comply with such tenant's obligations;

(4) (A) The landlord shall provide each 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 LCOsecurity 1483deposit {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-053446from ofthe 13tenant R01-HB.docxor }the Raisedtenant's Billprevious landlord or transfers the security deposit to another financial institution or escrow HB5344 / File No.

5344168 security6 depositHB5344 fromFile theNo. tenant or the tenant's previous landlord or transfers the security deposit to another financial institution or escrow account.

168 account.

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 prior to termination of the tenancy, the landlord or owner shall pay the accrued interest to the tenant or resident not later than thirty days after such LCOtermination 1483or {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-053447return. of 13 R01-HB.docx } Raised Bill No.

5344Interest terminationshall ornot return.be paid to a tenant 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 HB5344 / File No.

Interest168 shall7 notHB5344 beFile paidNo. to a tenant 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 delinquency.

168 charge for such delinquency.

[(k)] (j) (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 LCOa 1483security {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05344-8deposit when due shall be subject to a fine of 13not R01-HB.docxmore }than Raisedtwo Billhundred fifty dollars for each offense, provided it shall be an affirmative defense under this subdivision that such failure was caused by such landlord's good faith belief that he was entitled to deduct the HB5344 / File No.

5344168 a8 securityHB5344 depositFile whenNo. 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 failure was caused by such landlord's good faith belief that he was entitled to deduct the value of damages he has suffered as a result of such tenant's failure to comply with such tenant's obligations.

168 value of damages he has suffered as a result of such tenant's failure to comply with such tenant's obligations.

(c) No claim, except a claim required to be made under federal law, shall be made, or lien applied, against any payment made pursuant to LCOchapter 1483135, {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05344-9any ofpayment 13made R01-HB.docxpursuant }to Raisedsection Bill47-88d or 47-287, any moneys received as a settlement or award in a housing or employment or public accommodation discrimination case or in any action brought by a tenant or occupant or former tenant or occupant HB5344 / File No.

5344168 chapter9 135,HB5344 anyFile paymentNo. made pursuant to section 47-88d or 47-287, any moneys received as a settlement or award in a housing or employment or public accommodation discrimination case or in any action brought by a tenant or occupant or former tenant or occupant against an owner or lessor of a residential premises or manufactured mobile home park, any court-ordered retroactive rent abatement, including any made pursuant to subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant to subsection [(d)] (c) of section 47a-21, as amended by this act, as paid to a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program or paid to any person who has been supported wholly, or in part, by the state, in accordance with section 17b-223, in a humane institution.

168 against an owner or lessor of a residential premises or manufactured mobile home park, any court-ordered retroactive rent abatement, including any made pursuant to subsection (e) of section 47a-14h or section 47a-4a, 47a-5 or 47a-57, or any security deposit refund pursuant to subsection [(d)] (c) of section 47a-21, as amended by this act, as paid to a beneficiary of assistance under the state supplement program, medical assistance program, aid to families with dependent children program, temporary family assistance program or state-administered general assistance program or paid to any person who has been supported wholly, or in part, by the state, in accordance with section 17b-223, in a humane institution.

If the landlord claims the right to withhold all or part of the security deposit or interest, the landlord shall comply with the applicable provisions of section 47a-21, as amended by this act, except any notice required shall be sent to the tenant and to the Commissioner LCO 1483 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05310 of 13Social R01-HB.docxServices. } Raised Bill No.

5344If the landlord fails to return the deposit to the Department of Social Services.Services or to account to the department for any amount withheld within the time limits set forth in section 47a-21, as amended by this act, the department may refer the matter to the Department of Administrative Services for payment to the state of the HB5344 / File No.

If168 the10 landlordHB5344 failsFile toNo. return the deposit to the Department of Social Services or to account to the department for any amount withheld within the time limits set forth in section 47a-21, as amended by this act, the department may refer the matter to the Department of Administrative Services for payment to the state of the deposit, interest and such other damages as are available to tenants under said section.

168 deposit, interest and such other damages as are available to tenants under said section.

LCO(1) 1483The {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-0534411bank's record of 13offering R01-HB.docxescrow }accounts Raisedfor Billpurposes No.of compliance with subsection [(h)] (g) of section 47a-21, as amended by this act;