SB 355 — AN ACT CONCERNING A LANDLORD'S ABILITY TO CONSIDER THE CRIMINAL RECORD OF PROSPECTIVE TENANTS.

Senate General Assembly CommitteeFile Bill No.

355107 January Session, 2021 LCOSenate Bill No.

2724355 ReferredSenate, toMarch 23, 2021 The Committee on HOUSINGHousing Introducedreported by:through SEN.

(HSG)LOPES ANof ACTthe CONCERNING6th ADist., LANDLORD'SChairperson ABILITYof TOthe CONSIDERCommittee THEon CRIMINALthe RECORDpart OFof PROSPECTIVEthe TENANTS.Senate, that the bill ought to pass.

AN ACT CONCERNING A LANDLORD'S ABILITY TO CONSIDER THE CRIMINAL RECORD OF PROSPECTIVE TENANTS.

(b) Any landlord or agent of such landlord who rents to a tenant in accordance with the regulations adopted under subsection (a) of this sectionshallSB355 be/ immuneFile fromany civil liability for any damage or injury LCO 2724 \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00355-R01 of 3 SB.docx Committee Bill No.

355107 arising1 fromSB355 anyFile subsequentNo. criminal act of such tenant, unless such landlord or agent of such landlord was a conspirator, accomplice or otherwise complicit in such criminal act.

107 sectionshall be immune fromany civil liability for any damage or injury arising from any subsequent criminal act of such tenant, unless such landlord or agent of such landlord was a conspirator, accomplice or otherwise complicit in such criminal act.

LCOSB355 2724/ {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00355-2File of 3 R02-SB.docx } Committee Bill No.

355107 This2 actSB355 shallFile takeNo. effect as follows and shall amend the following sections:

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

2 January 1, 2022 8-45a HSG Joint Favorable LCOSB355 2724/ R02-SB.docxFile }OUSERS\FORZANOF\WS\2021SB-00355-No. 3 of 3

107 3 SB355 File No.

107 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:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Department of Housing GF - Potential Up to None Cost 50,000 Note:

GF=General Fund Municipal Impact:

None Explanation There is a potential cost of up to $50,000 to the Department of Housing (DOH) for the development of regulations required under the bill, to the extent that DOH must contract out legal work in order to adopt the regulations by January 1, 2022.

The Out Years There is no fiscal impact in the out years.

Sources:

Department of Housing SB355 / File No.

107 4 SB355 File No.

107 OLR Bill Analysis SB 355 AN ACT CONCERNING A LANDLORD'S ABILITY TO CONSIDER THE CRIMINAL RECORD OF PROSPECTIVE TENANTS.

SUMMARY This bill requires the Department of Housing (DOH) commissioner to adopt regulations, by January 1, 2022, establishing the time period immediately preceding a rental application during which landlords and housing authorities may consider a prospective tenant’s criminal record in evaluating his or her application.

Under the bill, a landlord's or housing authority's limited lookback period of a prospective tenant's criminal history cannot exceed (1) seven years for consideration of a felony offense or (2) three years for consideration of a misdemeanor offense.

Additionally, the bill grants landlords, or their agents, who comply with the new limited criminal lookback periods immunity from civil liability for damage or injury caused by a tenant's subsequent criminal acts, so long as the landlord or agent was not a conspirator, an accomplice, or otherwise complicit in the crime.

EFFECTIVE DATE:

October 1, 2021, except the housing authority provision is effective January 1, 2022.

HOUSING AUTHORITIES Undercurrentlaw,housingauthoritiesreceivingstateassistancemay consider thecriminalrecordofanapplicant for publichousing whenthe record involves (1) physical violence to people or properties;

(2) the manufacture, sale, distribution, or use of controlled drugs;

or (3) acts that would adversely affect other tenants’ health, safety, or welfare.

Under the bill, housing authorities may only consider such crimes that occur during the limited criminal lookback periods DOH establishes.

SB355 / File No.

107 5 SB355 File No.

107 As under existing law, housing authorities may also consider an applicant’s history of alcohol abuse and whether he or she is subject to lifetime registration as a sex offender due to a sexually violent offense.

In addition to state requirements, federal regulations require housing authorities administering the federal Public Housing and Housing Choice Voucher programs to establish lifetime bans for individuals convicted of (1) manufacturing or producing methamphetamine on the premises of federally assisted housing or (2) a crime that subjects them to a lifetime registration requirement under a state sex offender registration program (24 C.F.R.

960.204 and 24 C.F.R.

982.553).