Connecticut 2021 Regular Session Status: In Committee 7 D cosponsors

SB 48 — AN ACT CONCERNING ADDITIONAL HOUSING PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE OR SEXUAL ASSAULT.

Last action — MOVED TO FOOT OF CAL., SENATE

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

287 added · 142 removed

287 line(s) added, 142 removed.

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General Assembly Committee Bill No.
Senate General Assembly File No.
48 January Session, 2021 LCO No.
179 January Session, 2021 Substitute Senate Bill No.
2902 Referred to Committee on HOUSING Introduced by:
48 Senate, March 29, 2021 The Committee on Housing reported through SEN.
(HSG) AN ACT CONCERNING ADDITIONAL HOUSING PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE OR SEXUAL ASSAULT.
LOPES of the 6th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING ADDITIONAL HOUSING PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE OR SEXUAL ASSAULT.
and (2) the tenant provides a copy of such protective order, restraining order or foreign order of protection to the landlord.
(2) the protective order, restraining order or foreign order of protection requires the respondent or defendant to (A) stay away from the home of the tenant, or (B) stay a minimum distance away from the tenant;
and (3) the tenant providesa copy of such protective order,restraining order sSB48 / File No.
179 1 sSB48 File No.
179 or foreign order of protection to the landlord.
If the landlord agrees to change the locks, the landlord shall do so not later than forty-eight hours after LCO No.
If the landlord agrees to change the locks, the landlord shall do so not later than forty- eight hours after the date that the tenant makes such request.
2902 1 of 6 Committee Bill No.48 the date that the tenant makes such request.
(d) A landlord may reprogram a digital or electronic lock with a new entry code to comply with the provisions of this section.
sSB48 / File No.
(e)Ifatenantresidinginthedwellingunitisnamedastherespondent in an order described in subsection (a) of this section and under such LCO No.
179 2 sSB48 File No.
2902 2 of 6 Committee Bill No.48 order is required to stay away from the dwelling unit, the landlord shall not provide a key to such tenant for the new locks.
179 (d) A landlord may reprogram a digital or electronic lock with a new entry code to comply with the provisions of this section.
Absent a court order permitting a tenant who is the respondent in such order to return to the dwelling unit to retrieve his or her possessions and personal effects, the landlordhasno duty under therentalagreement orby lawtoallowsuch tenant access to the dwelling unit once the landlord has been provided with a court order requiring such tenant to stay away from the dwelling unit,andthelandlordshallnotpermitsuchtenanttoaccessthedwelling unit.
(e)Ifatenantresidinginthedwellingunitisnamedastherespondent or defendant in an order described in subsection (a) of this section and under such order is required to stay away from the dwelling unit, the landlordshallnot provideakey to suchtenant for thenewlocks.Absent a court order permitting a tenant who is the respondent or defendant in such order to return to the dwelling unit to retrieve his or her possessions and personal effects, the landlord has no duty under the rental agreement or by law to allow such tenant access to the dwelling unit once the landlord has been provided with a court order requiring such tenant to stay away from the dwelling unit, and the landlord shall not permit such tenant to access the dwelling unit.
Any tenant excluded from the dwelling unit under this section remains liable under the rental agreement with any other tenant of the dwelling unit for rent or damages to the dwelling unit.
Any tenant excluded fromthedwelling unit under this sectionremainsliable under therental agreement with any other tenant of the dwelling unit for rent or damages to the dwelling unit.
(f) A landlord may not require a tenant who is named as a protected person under an order described in subsection (a) of this section to pay additional rent or an additional deposit or fee because of the exclusion of the tenant who is named as the respondent in such order.
(f) A landlord may not require a tenant who is named as a protected person under an order described in subsection (a) of this section to pay additional rent or an additional deposit or fee because of the exclusion of the tenant who is named as the respondent or defendant in such order.
(g) Any landlord or agent of such landlord who denies a tenant named as a respondent in an order described in subsection (a) of this section access to the dwelling unit pursuant to this section shall be immune from any civil liability arising from such denial, provided the landlord or agent complies with the provisions of this section and any applicable court order.
(g) Any landlord or agent of such landlord who denies a tenant named as a respondent or defendant in an order described in subsection (a) of this section access to the dwelling unit pursuant to this section shall be immune from any civil liability arising from such denial, provided the landlord or agent complies with the provisions of this section and any applicable court order.
As used in this chapter 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, and section 1 of this act:
As used in this chapter 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 and section 1 of this act:
(a) "Action" includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession.
sSB48 / File No.
(b) "Building and housing codes" include any law, ordinance or LCO No.
179 3 sSB48 File No.
2902 3 of 6 Committee Bill No.
179 (a) "Action" includes recoupment, counterclaim, set-off, cause of action and any other proceeding in which rights are determined, including an action for possession.
48 governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
(b) "Building and housing codes" include any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
(i) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under section 47a-9 or subsection (d) of section 21-70 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises.
(i) "Rental agreement" means all agreements, written or oral, and valid rules and regulations adopted under section 47a-9 or subsection (d) of section 21-70 embodying the terms and conditions concerning the sSB48 / File No.
(j) "Roomer" means a person occupying a dwelling unit, which unit does not include a refrigerator, stove, kitchen sink, toilet and shower or LCO No.
179 4 sSB48 File No.
2902 4 of 6 Committee Bill No.
179 use and occupancy of a dwelling unit or premises.
48 bathtub and one or more of these facilities are used in common by other occupants in the structure.
(j) "Roomer" means a person occupying a dwelling unit, which unit does not include a refrigerator, stove, kitchen sink, toilet and shower or bathtub and one or more of these facilities are used in common by other occupants in the structure.
2 October 1, 2021 47a-1 Statement of Purpose:
2 October 1, 2021 47a-1 HSG Joint Favorable Subst.
To allow a person who has a valid order of protection to request that such person's landlord change the locks to the person's dwelling unit or permit such person to change the locks.
sSB48 / File No.
[Proposed deletions are enclosed in brackets.
179 5 sSB48 File No.
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.] Co-Sponsors:
179 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.
SEN.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
ANWAR, 3rd Dist.;
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
REP.
OFA Fiscal Note State Impact:
WINKLER, 56th Dist.
None Municipal Impact:
REP.
None Explanation The bill makes requirements that affect private landlords regarding tenant locks and does not result in a fiscal impact to the state or municipalities.
GILCHREST, 18th Dist.
The Out Years State Impact:
S.B.
None Municipal Impact:
48 LCO No.
None sSB48 / File No.
2902 5 of 6 Committee Bill No.
179 6 sSB48 File No.
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48 LCO No.
179 OLR Bill Analysis sSB 48 AN ACT CONCERNING ADDITIONAL HOUSING PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE OR SEXUAL ASSAULT.
2902 6 of 6
SUMMARY This bill establishes conditions under which a landlord must change the locks to a tenant’s dwelling unit, or allow the tenant to change the locks, if the tenant is named as a protected person in a civil restraining or protection order.
Under the bill, the landlord is subject to certain requirements when changing the locks, including providing the tenant with keys.
The landlord may choose to assess the tenant a fee to recover the cost for doing so.
The bill also authorizes a landlord to reprogram a digital or electronic lock with a new entry code to comply with these requirements.
The bill allows a tenant to change the locks without the landlord’s permission if the landlord fails to change them or refuses to permit the tenant to do so within a specified timeframe.
The bill similarly establishes requirements for tenants changing the locks, including providing the landlord with keys to the new locks within a specified timeframe.
Additionally, thebillprohibitslandlordsfromproviding akey or any access to the dwelling unit to any tenant named as the respondent or defendant in the court order under certain circumstances.
It also prohibits landlords from charging a tenant protected by a court order additional rent, deposits, or fees due to the exclusion of the tenant named as the respondent or defendant in the order.
Under the bill, a landlord who denies a tenant access to the unit is immune from civil liability for adhering to this prohibition.
The bill also makes a conforming change.
sSB48 / File No.
179 7 sSB48 File No.
179 EFFECTIVE DATE:
October 1, 2021 LOCK CHANGES FOR TENANTS UNDER PROTECTIVE ORDERS Circumstances Requiring Lock Change The bill requires landlords to change a dwelling unit’s locks or allow a tenant to do so upon a tenant’s request when:
1.
the tenant is named as a protected person in a court-issued civil restraining or protection order, family violence protective order, criminal protective order, or foreign order of protection registered in Connecticut that is in effect when the tenant requests to change the locks (see BACKGROUND);
2.
theorderrequirestherespondent or defendant tostay away from the tenant’s home or stay a minimum distance away from the tenant;
and 3.
the tenant provides a copy of the order to the landlord.
No later than six hours after receiving a request, a landlord must let the tenant know if the landlord will change the locks or allow the tenant to do so.
A landlord who agrees to make the change must do so no later than 48 hours after receiving the request.
Requirements for Lock Changes Performed by the Landlord Under the bill, if the landlord uses a professional locksmith or contractor to change the locks for the above reasons, the landlord is responsible for paying for the service.
The landlord may charge the tenant a fee not to exceed the “actual reasonable cost” of changing the locks (i.e., the cost of the lock mechanism along with the feethe landlord paid for professional contractor or locksmith services).
If the tenant fails to pay the fee, the landlord may recoup the costs by either bringing suit against the tenant or deducting the amount from the tenant’s security deposit when the tenant vacates the unit.
The bill prohibits the landlord from starting eviction proceedings against the tenant because of his or her failure to pay for the lock replacement.
The landlord must provide the tenant with a key to the new locks sSB48 / File No.
179 8 sSB48 File No.
179 before or at the time of the lock change.
Requirements for Lock Changes Performed by the Tenant The bill allows the tenant to change the locks if the landlord (1) has informed the tenant that he or she is responsible for changing the locks, (2)failsto change thelocks,or (3)failsto allowthetenant to do so within six hours after the tenant’s request.
Under these circumstances, the tenant must (1) ensure that the locks are changed in a workmanlike manner, using locks of similar or better quality than the originals, and (2) give the landlord a key to the new locks within two business days after the locks were changed or at a later time for good cause.
The bill allows the landlord to replace a lock installed by or at the request of a tenant if the lock was not properly installed or was not of similar or better quality compared to the original.
DWELLING UNIT ACCESS The bill prohibits landlords from providing a key or any access to the dwelling unit to any tenant who is required to stay away from the unit as the named respondent or defendant in the court order.
It specifies that the landlord has no duty under the rental agreement or by law to allow such a tenant to access the dwelling unit unless a court order allows the tenant to return to retrieve his or her possessions and personal effects.
Additionally, the bill maintains the tenant’s liability under the rental agreement for rent or damages to the dwelling unit.
Under thebill,a landlordor hisor her agent who deniessucha tenant access to the unit is immune from civil liability for adhering to this prohibition, as long as the landlord or agent complies with the bill’s provisions and any applicable court order.
The bill also prohibits landlords from requiring a tenant who is named as a protected person under such an order to pay additional rent or an additional deposit or fee because of the exclusion of the tenant who is the named respondent or defendant in the order.
BACKGROUND Civil Restraining or Protection Order sSB48 / File No.
179 9 sSB48 File No.
179 A family or household member may apply for a civil restraining order for relief from physical abuse, stalking, or a pattern of threatening by another family or household member (CGS § 46b-15).
A victim of sexual abuse, sexual assault, or stalking may apply for a civil protection order if he or she is not eligible for the restraining order described above (CGS § 46b-16a).
Family Violence Protective Order At the recommendation of the family relations office or the State Attorney’s Office, a court may issue a family violence protection order in family violence cases to protect a victim from threats, harassment, injury, or intimidation.
This order is issued at arraignment during a criminal proceeding (CGS § 46b-38c).
Criminal Protective Orders Courts may independently issue, on behalf of a victim, a (1) protective order after a person is arrested for certain crimes or (2) standing criminal protective order after a person is convicted of certain crimes.
These orders apply in cases that include stalking and harassment.
The statutes governing these orders do not require a victim to apply for the order (CGS §§ 54-1k and 53a-40e).
Foreign Order of Protection A foreign order of protection is an injunctive or other court order issued by a court of another state;
the District of Columbia;
a U.S.
commonwealth, territory, or possession;
or an Indian tribe in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection from (1) violence, threatening acts, or harassment or (2) contact, communication with, or physical proximity to another person (CGS § 46b-15a and 18 U.S.C.
§ 2266(5)).
COMMITTEE ACTION Housing Committee Joint Favorable Substitute Yea 15 Nay 0 (03/11/2021) sSB48 / File No.
179 10
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Action History

  1. MOVED TO FOOT OF CAL., SENATE

  2. FILE NO. 179

  3. SENATE CALENDAR NUMBER 141

  4. FAV. RPT., TAB. FOR CAL., SEN.

  5. RPTD. OUT OF LCO

  6. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/29/21

  7. FILED WITH LCO

  8. Joint Favorable Substitute

  9. REF. TO JOINT COMM. ON Housing

  10. PUBLIC HEARING 0304

  11. DRAFTED BY COMMITTEE

  12. Vote to Draft

  13. REF. TO JOINT COMM. ON Housing

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 176 not signed on

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (176)

176 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 SB 48?
SB 48 is sponsored by Palm, Christine, Haskell, Will, Jillian Gilchrest (Democratic), Winkler, Michael A., Jason Doucette (Democratic), Christine Cohen (Democratic), Antonio Felipe (Democratic), Kate Farrar (Democratic), Saud Anwar (Democratic), Aimee Berger-Girvalo (Democratic), and Michel, David.
What is the current status of SB 48?
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 SB 48?
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