HB 6531 — AN ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION PROCEEDINGS, THE VALIDITY OF INLAND WETLANDS PERMITS IN RELATION TO CERTAIN OTHER LAND USE APPROVALS, AND EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

(m) (1) Notwithstanding the provisions of this section, any site plan approval made under this section prior to July 1, 2011, that has not expired prior to May 9, 2011, except an approval made under subsection (j) of this section, shall expire not less than [nine]nine fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such site plan, provided no approval, including all extensions, shall be valid for more than [fourteen]fourteen nineteen years from the date the site plan was approved.

(2) Notwithstanding the provisions of this section, any site plan approval made under this section on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, except an approval made under subsection (j) of this section, shall expire not less than fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such site plan, provided no Public Act No.

21-34 8 of 14 Substitute House Bill No.

6531 approval, including all extensions, shall be valid for more than nineteen years from the date the site plan was approved.

Subsection (e) of section 8-26c of the general statutes is repealed and the following is substituted in lieu thereof (Effective Julyfrom 1,passage): 2021, and applicable to permits issued on or after July 1, 2021):

(e) (1) Notwithstanding the provisions of this section, any subdivision approval made under this section prior to July 1, 2011, that hashasnot notexpiredprior expired prior to May 9,9,2011,shallexpire 2011, shall expire not lesslessthan thannine [nine] fourteen years after the date of such approval and the commission may grant one or more extensionsextensionsoftime of time to complete allallor or part ofofthework theinconnection work in connection with such subdivision, provided no subdivision approval, sHB6531including /all Fileextensions, No.shall be valid for more than fourteen years from the date the subdivision was approved.

685(2) sHB6531Notwithstanding Filethe No.provisions of this section, any subdivision approval made under this section on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, shall expire not less than fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such subdivision, provided no subdivision approval, including all extensions, shall be valid for more than nineteen years from the date the subdivision was approved.

685 including all extensions, shall be valid for more than [fourteen] nineteen years from the date the subdivision was approved.

Subsection (c) of section 8-26g of the general statutes is repealed and the following is substituted in lieu thereof (Effective Julyfrom 1,passage): 2021, and applicable to permits issued on or after July 1, 2021):

(c) (1) Notwithstanding the provisions of this section, for any subdivision of land for a project consisting of four hundred or more dwelling units and approved prior to July 1, 2011, that has not expired prior to May 9, 2011, any person, firm or corporation making such subdivisionPublic shallcompleteAct allworkNo. inconnectionwithsuchsubdivision not later than the date [fourteen] nineteen years after the date of approval of the plan for such subdivision.

The21-34 commission's9 endorsement of approval14 onSubstitute theHouse planBill shallNo. state the date on which such [fourteen-year] nineteen-year period expires.

6531 subdivision shallcomplete allwork inconnectionwithsuchsubdivision not later than the date fourteen years after the date of approval of the plan for such subdivision.

The commission's endorsement of approval on the plan shall state the date on which such fourteen-year period expires.

(2) Notwithstanding the provisions of this section, for any subdivision of land for a project consisting of four hundred or more dwelling units and approved on or after July 1, 2011, but prior to the effective date of this section, that did not expire prior to March 10, 2020, any person,firmor corporationmaking such subdivision shall complete all work in connection with such subdivision not later than the date nineteen years after the date of approval of the plan for such subdivision.

The commission's endorsement of approval on the plan shall state the date on which such nineteen-year period expires.

Subsection (g) of section 22a-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective Julyfrom 1,passage): 2021, and applicable to permits issued on or after July 1, 2021):

(g) (1) Notwithstanding the provisions of subdivision (2) of subsection (d) of this section, any permit issued under this section prior to July 1, 2011, that has not expired prior to May 9, 2011, shall expire not less than [nine]nine fourteen years after the date of such approval.

Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances that requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no such permit shall be valid for more than [fourteen]fourteen nineteen years.

This(2) actNotwithstanding shallthe takeprovisions effectof assubdivision follows(2) andof shallsubsection amend(d) of this section, any permit issued under this section on or after July 1, 2011, but prior to the followingeffective sections:date of this section, that did not expire Public Act No.

Section21-34 110 Octoberof 1,14 2021(EffectiveNewSubstitute sectionHouse JulyBill 1, 2021 sHB6531 / File No.

6856531 sHB6531prior Fileto No.March 10, 2020, shall expire not less than fourteen years after the date of such approval.

685Any Sec.such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances that requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no such permit shall be valid for more than nineteen years.

2 July 1, 2021, and 22a-42a(d) applicable to permits issued on or after July 1, 2021 Sec.

37. July 1, 2021, and 8-3(m) applicable to permits issued on or after July 1, 2021 Sec.

4Section July8-3c 1,of 2021,the andgeneral 8-26c(e)statutes applicableis torepealed permitsand issuedthe onfollowing oris aftersubstituted Julyin 1,lieu 2021thereof Sec.(Effective from passage):

5(a) JulyIf 1,an 2021,application andfor 8-26g(c)a applicablespecial permit or special exception involves an activity regulated pursuant to permitssections issued22a-36 onto or22a-45, afterinclusive, Julythe 1,applicant 2021shall Sec.submit an application to the agency responsible for administration of the inland wetlands regulations no later than the day the application is filed for a special permit or special exception.

6(b) JulyThe 1,zoning 2021,commission or combined planning and 22a-42a(g)zoning applicablecommission toof permitsany issuedmunicipality shall hold a public hearing on an application or afterrequest Julyfor 1,a 2021special sHB6531permit /or Filespecial No.exception, as provided in section 8-2, and on an application for a special exemption under section 8-2g.

685Such 10hearing sHB6531shall Filebe No.held in accordance with the provisions of section 8-7d.

685 The followingcommission Fiscalshall Impactnot Statementrender anda Billdecision Analysison are prepared for the benefitapplication ofuntil the membersinland ofwetlands theagency Generalhas Assembly,submitted solelya forreport purposeswith ofits information,final summarizationdecision andto explanationsuch andcommission. do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general,making fiscalits impactsdecision arethe basedzoning uponcommission ashall varietygive ofdue informationalconsideration sources,to includingthe report of the analyst’sinland professionalwetlands knowledge.agency.

WheneverSuch applicable,commission agencyshall datadecide isupon consultedsuch asapplication partor ofrequest within the analysis,period howeverof finaltime productspermitted dounder notsection necessarily8-7d. reflect an assessment from any specific department.

OFAWhenever Fiscala Notecommission Stategrants Impact:or denies a special permit or special exception, it shall state upon its records the reason for its decision.

NoneNotice Municipalof Impact:the decision of the commission shall be published in a newspaper having a substantial circulation in the municipality and addressed by certified mail to the person who requested or applied for a special permit or special exception, by its secretary or clerk, under his Public Act No.

None21-34 Explanation11 Theof bill14 establishesSubstitute aHouse rightBill toNo. counsel in eviction proceedings, to be administered by an entity contracted by the Judicial Department, and does not result in a fiscal impact to the state or municipalities.

The6531 fundingsignature mechanismin forany thewritten, program,printed, whichtypewritten is unchanged by the amendment, includes funds or servicesstamped fromform, thewithin government,fifteen corporations,days associations,after orsuch individualsdecision tohas paybeen forrendered. the cost of administering the program and providing legal representation.

In addition,any case in which such notice is not published within such fifteen-day period, the billperson createswho arequested workingor groupapplied tofor advisesuch onspecial matterspermit andor policiesspecial affectingexception may provide for the rightpublication toof counselsuch program.notice within ten days thereafter.

TheseSuch changespermit areor notexception anticipatedshall tobecome resulteffective upon the filing of a copy thereof(1) in the office ofthe town, city or borough clerk, as the case may be, but, in the case of a fiscaldistrict, impact.in the offices of both the district clerk and the town clerk of the town in which such district is located, and (2) in the land records of the town in which the affected premises are located, in accordance with the provisions of section 8-3d.

The(c) billNotwithstanding alsothe stipulatesprovisions of subsections (a) and (b) of this section, any special permit or special exception approval made under this section on or after July 1, 2011, but prior to the effective date of this section, that certaindid permitsnot issuedexpire byprior inlandto wetlandsMarch agencies10, will2020, and that specified a deadlinebywhichallworkinconnectionwithsuchapprovalisrequired to be completed, shall expire not takeless effectthan untilnineteen planningyears after the date of such approval and the commission may grant one or zoningmore commissionsextensions approvelanduseof applications.time to complete all or part of the work in connection with such special permit or special exception.

ThisisnotSec. anticipatedtoresult inafiscal impact as it does not alter permit fees or when permits are issued.

House8. "A" removes the Connecticut Bar Foundation from the administering entity and adds the inland wetlands permit language.

TheSection Out8-26e Yearsof Statethe Impact:general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

None(a) MunicipalThe Impact:planning commission of any municipality shall hold a public hearing on an application or request for a special permit or special exception, as provided in section 8-2.

NoneAny sHB6531such /public Filehearing No.shall be heldinaccordance withtheprovisionsofsection8-7d.Suchcommission shall decide upon such application or request within the period of time permittedundersection8-26d.Wheneveracommissiongrantsordenies a special permit or special exception, it shall state upon its records the reason for its decision.

685Notice 11of sHB6531the Filedecision of the commission shall be published in a newspaper having a substantial circulation in the Public Act No.

68521-34 OLR12 Billof Analysis14 sHBSubstitute 6531 (as amended by House "A")*Bill ANNo. ACT CONCERNING THE RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.

SUMMARY6531 Thismunicipality billand makesaddressed unrelatedby changescertified regardingmail (1)to certainthe individuals’person rightwho torequested counselor inevictionproceedingsand(2)locallandapplied usefor approvals.a special permit or special exception, by its secretary or clerk, under his signature in any written, printed, typewritten or stamped form, within fifteen days after such decision has been rendered.

TheIn billany establishescase ain state-widewhich “rightsuch tonotice counselis program”not topublished providewithin freesuch legalfifteen-day representationperiod, tothe income-eligibleperson tenants,who lessees,requested or occupantsapplied offor anysuch residentiala buildingspecial permit or landspecial (i.e.,exception “coveredmay individuals”)provide infor athe coveredpublication matterof initiatedsuch onnotice orwithin afterten Julydays 1,thereafter. 2021.

UnderSuch permit or exception shall become effective upon the bill,filing of a “coveredcopy matter”thereof is(1) anin evictionthe proceedingoffice of the town, city or administrativeborough proceedingclerk, necessaryas tothe preservecase may be, but, in the case of a statedistrict, orin federalthe housingoffices subsidyof orboth preventthe adistrict proposedclerk leaseand termination.the town clerk of the town in which such district is located, and (2) in the land records of the town in which the affected premises are located, in accordance with the provisions of section 8-3d.

It(b) requiresNotwithstanding the Judicialprovisions Branchof subsection (a) of this section, any special permit or special exception approval made under this section on or after July 1, 2011, but prior to usethe availableeffective federaldate fundsof this section, that did not expire prior to eitherMarch contract10, with,2020, orand enterthat specified a memorandumdeadlinebywhichallworkinconnectionwithsuchapprovalisrequired to be completed, shall expire not less than nineteen years after the date of agreementsuch with,approval anand entitythe commission may grant one or more extensions of time to administercomplete all or part of the programwork (i.e.,in “administeringconnection entity”).with such special permit or special exception.

ItSec. also establishes an 11-member working group to advise on matters and policies affecting the right to counsel program.

The9. bill requires the administering entity, within available funding, to contract with designated organizations (i.e., not-for-profit legal services organizations) to provide legal representation under the program.

Additionally,(NEW) it(Effective requiresfrom passage) (a) Notwithstanding the administeringprovisions entityof toany (1)special determine,act inor consultationany withsite theplan, workingsubdivision groupor permit approval by a zoning commission, planning commission, combined planning and designatedzoning organizations,commission, howzoning toboard phaseof inappeals or inland wetlands agency pursuant to the programprovisions basedof onany certainsuch relevantspecial factorsact andthat (2)occurred startingon byor Januaryafter July 1, 2023,2011, annuallybut reportprior to the Housingeffective Committeedate of this section, and Judicialthat Departmentdid onnot theexpire numberprior ofto individualsMarch represented10, under2020, thesuch program,approval theshall extentexpire ofnot theless representation,than casefourteen outcomes,years andafter tenantthe engagementdate andof education.such approval Public Act No.

sHB653121-34 /13 Fileof 14 Substitute House Bill No.

6856531 12and sHB6531such Filecommission, No.board or agency, as applicable, may grant one or more extensionsoftime to complete allor part ofthework inconnection with such approval, provided no approval, including all extensions, shall be valid for more than nineteen years from the date the site plan, subdivision or permit was initially approved.

685(b) ItNotwithstanding alsothe requiresprovisions theof Judicialany Branchspecial toact (1)or inany consultationspecial withpermit theor administeringspecial entity,exception workingapproval group,by a zoning commission, planning commission, combined planning and designatedzoning organizations,commission, approvezoning aboard one-pageof plain-languageappeals noticeor forinland landlordswetlands andagency certainpursuant others,to startingthe provisions of any such special act that occurred on or after July 1, 2021,2011, but prior to informthe individualseffective date of theirthis rightssection, underthat thedid programnot expire prior to March 10, 2020, and (2)that makespecified a deadline by which all work in connection with such approvalisrequired tobecompleted,suchapproval shallexpirenotless than nineteen years after the noticedate availableof publiclysuch approval and onsuch itscommission, website.board or agency, as applicable, may grant one or more extensions of time to complete all or part of the work in connection with such special permit or special exception approval.

TheApproved billJune also10, specifies2021 thatPublic itAct doesNo. not establish any right enforceable by a covered individual against a designated organization or the administering entity.

Regarding21-34 local14 land use approvals, the bill generally delays the effective date of municipal14 inland wetlands permits to coincide with the effective period of related local land use approvals (e.g., special permits, zoning variances, site plans, subdivision plans) (§ 501).

The bill also extends the initial and extended deadlines for completing projects approved before July 1, 2011, that require certain subdivision, wetlands, or site plan approval.

However, these extensions do not appear to have any legal effect, as they conflict with the provisions’ effective date.

The effective date specifies that the extensions apply only to permits issued on or after July 1, 2021 (§§ 502-505).

*House Amendment “A” (1) changes the effective date of the right to counsel program to July 1, 2021, and specifies that the program applies to covered matters initiated on or after that date;

(2) requires the judicial branch to procure the program’s administering entity, instead of requiring that a private organization be the entity;

(3) replaces the 15- member advisory council in the underlying bill with an 11-member working group to advise on the program;

(4) eliminates a provision that makespeopleeligiblefor theprogramifthey are unableto timely secure legal representation due to certain factors;

(5) requires the judicial branch, instead of the administering entity, to develop the plain language notice;

(6) eliminates the requirement for designated organizations to incorporate certain paralegals, legal interns, or law students to provide services;

(7) eliminates the administering entity’s express authorization to use the funds it receives to pay the cost of sHB6531 / File No.

685 13 sHB6531 File No.

685 attorney training;

(8) allows the judicial branch to use the state and federal funds it receives under the bill to appoint additional housing mediators;

(9) adds the provisions concerning local land use approvals (§§ 501-505);

and (10) makes other minor changes.

EFFECTIVEDATE:July1,2021,andthelanduseapprovalprovisions are applicable to permits issued on or after July 1, 2021.

RIGHT TO COUNSEL PROGRAM Program Eligibility Under the bill, the right to counsel program is available to income- eligible residential tenants, lessees, or occupants who are parties in an eviction or certain administrative proceedings as described above.

The bill specifies that it applies to any residential land or building, apartment, or dwelling unit, including trailers or mobile manufactured homes and associated lots.

Under the bill, an individual is “income-eligible” if he or she:

1.

has household income at or below 80% of the state median income adjusted for family size, as determined by the U.S.

Department of Housing and Urban Development (HUD), at the time of the request for representation;

or 2.

receives one of the following types of public assistance:

(a) Temporary Assistance for Needy Families, (b) Supplemental Nutrition Assistance Program benefits, (c) Medicaid, (d) Supplemental Security Income, (e) refugee resettlement benefits, (f) state rental assistance, or (g) federal Housing Choice Voucher Program assistance.

Designated Organization’s Minimum Standards The administering entity, within available funding, must contract withdesignatedorganizationsto providelegal representationunder the program.

Under the bill “legal representation” in the program means representation in a covered matter provided by a designated organizationto a coveredindividual, andalllegaladvice, advocacy,and sHB6531 / File No.

685 14 sHB6531 File No.

685 assistance associated with the representation, subject to and in accordance with the Rules of Professional Conduct.

A designated organization is a nonprofit legal services organization that must:

1.

have substantial expertise in (a) housing and landlord tenant law and (b) furnishing free legal assistance to eligible individuals;

2.

have a demonstrated history of serving the low-income community;

3.

identify the geographic area in which the organization provides legal representation;

4.

have a plan to reach and provide legal representation to income- eligible individuals with limited English proficiency;

and 5.

provide appropriate supervision and training.

A designated organization may subcontract with a nonprofit or community organization to provide legal representation and tenant outreach and education under the program.

Working Group The bill establishes an 11-member working group to advise on matters and policies affecting the right to counsel program, to effectuate the right to counsel.

Members and Appointments.

The working group consists of the following members:

1.

two each appointed by the Senate President and the House Speaker;

2.

one each appointed by the Senate and House majority and minority leaders;

3.

the Housing commissioner, or her designee;

sHB6531 / File No.

685 15 sHB6531 File No.

685 4.

a representative of the administering entity;

and 5.

a Judicial Branch representative.

All initial appointments must be made within 30 days after the bill’s effective date.

Members serve a four-year term and may be reappointed or continue to serve until a successor is appointed.

Appointing authorities fill vacancies.

Meetings and Staff.

The Housing commissioner, or her designee, must serve as the working group’s chairperson and schedule the first meeting, which must be held within 60 days after the bill’s effective date.

The chairperson must convene the working group on a regular basis, but not less than three times per year.

The Department ofHousing must provideadministrative support tothe working group.

Relevant Factors to Phase in the Program The bill requires the administering entity, in consultation with the working group and designated organizations, to determine how to phase in the program based on all relevant factors, including the:

1.

prioritization of certain groups of individuals by income, zip codes, census tracts, or other priority criteria they develop;

2.

availability of program funding;

3.

number of available trained legal services attorneys;

and 4.

scope of the need for legal representation.

Funding The bill allows the administering entity to receive funds or services from the government, corporations, associations, or individuals to pay the cost of:

(1) administering the program and (2) providing legal representation and tenant outreach and education.

sHB6531 / File No.

685 16 sHB6531 File No.

685 The bill also allows the judicial branch to receive state or federal funds to appoint additional housing mediators to resolve summary process actions.

Under existing law, within available appropriations, Superior Court judges or a committee they authorize, may appoint housing mediators as they deem necessary (CGS § 47a-69).

PLAIN-LANGUAGE NOTICE OF TENANTS’ RIGHTS The bill requires the judicial branch, in consultation with the administering entity, working group, and designated organizations, to approve a one-page plain-language notice to inform tenants of their rights under the program.

The notice must be on the judicial branch’s website, publicly available, and include a phone number for information and applying for assistance.

Starting July 1, 2021, the bill requires an owner, lessor, or landlord;

their agent or legal representative;

a housing authority;

or a housing subsidy program administrator, as applicable, to attach a copy of the plain-language notice to a (1) notice to quit delivered to a covered individual pursuant to an eviction proceeding, (2) summons and complaint for a summary process eviction action, (3) lease termination noticeforapublicorsubsidizedhousingunit,and(4)noticetoterminate a state or federal housing subsidy.

Under the bill, the court must include similar plain language information in any notice scheduling a mediation or hearing that is sent to a self-represented party in an eviction proceeding.

EFFECTIVE DATE OF INLAND WETLANDS PERMITS (§ 501) The bill delays the effective date of municipal inland wetlands permits to coincide with the effective period of related local land use approvals.

Under the bill, if the inland wetlands permit is just one of the local land use approvals required to develop a property, the wetlands permit does not take effect until the other local approvals are effective.

Inland wetlands permits are generally valid for the same length of time as the other land use approvals issued for the development, up to sHB6531 / File No.

685 17 sHB6531 File No.

685 a maximum of 10 years.

LAND USE APPROVAL EXTENSIONS (§§ 502-505) The bill extends the initial and extended deadlines for completing projects approved before July 1, 2011, that require certain subdivision, wetlands, or site plan approvals.

These provisions concern land use approvals issued before July 1, 2011, that were unexpired on May 9, 2011.

However, theprovisionstake effect onJuly 1,2021,and apply only to permits (presumably approvals) issued on or after that date.

Consequently, these provisions appear to have no legal effect.

Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and subsequently extended, generally tolls the expiration dates for various land use approvals that were valid on March 10, 2020 (including site plan, wetlands, and subdivision approvals), thus pausing these approvals so they will not expire during the declared emergencies.

Project Completion Deadlines The bill extends, from 14 to 19 years, the duration of subdivision approvals for projects with at least 400 dwelling units, if the initial approval was granted before July 1, 2011, and was not expired on May 9, 2011 (§ 504).

The bill also extends by five years the minimum initial approval period for the following approvals granted before July 1, 2011,that were unexpired on May 9, 2011:

1.

site plan approvals (except for projects containing at least 400 dwelling units or having an area of 400,000 square feet or more) (§ 502);

2.

subdivision approvals for projects with fewer than 400 dwelling units (§ 503);

and 3.

wetlands permits (§ 505).

Under the bill, these initial approvals must be valid for at least 14 sHB6531 / File No.

685 18 sHB6531 File No.

685 years, rather than at least 9 years, as under current law.

The bill correspondingly extends the extended deadlines for these approvals from 14 to 19 years.

BACKGROUND Related Bills SB 970 (File 321), favorably reported by the Planning and Development Committee, gives developers more time to complete an ongoing project that was approved on or after July 1, 2011, but before the bill’s passage by extending the initial and extended deadlines for completing projects that require certain subdivision, wetlands, or site plan approval.

sSB 6541 (File 304), favorably reported by the Planning and Development Committee, is identical to the provision concerning the effective date of inland wetlands permits (§ 501).

COMMITTEE ACTION Housing Committee Joint Favorable Substitute Yea 10 Nay 5 (03/11/2021) sHB6531 / File No.

685 19