Legislature

The 2011 Legislative Session has been a busy session. Conn-NAHRO's lobbyist Rome, Smith & Lutz has referred over 70 bills to the Housing & Legislation Committee for review.  As many of the Legislature's committee deadlines have passed we are taking this time to provide you, our membership with an update on the bills we believe are of interest to you.

  • House Bill 6461: An Act Concerning the Selection of Tenant Commissioner - Passed.

  • House Bill 6052: An Act Concerning Supportive Housing - Did not pass.

  • House Bill 5437: An Act Concerning Security Deposits - Passed.

  • Senate Bill 3: An Act Concerning Criminal Background Checks - Passed as part of HB 6618.

  • Senate Bill 139: An Act Concerning Persons Residing In Elderly Housing And Members Of Senior Centers - Did not pass.

  • Senate Bill 1008: An Act Authorizing Bonds Of The State For Capital Improvements And Other Purposes - Passed as part of SB 1242

  • Senate Bill 1075: An Act Concerning Public Housing Grievance Procedures - Did not pass.

  • Senate Bill 1076: An Act Concerning Resident Participation In The Revitalization Of Public Housing - Passed.

Please contact your legislator with any concerns or support for these bills.  The most common response we hear from legislators is "I did not hear from my housing authority so it must be okay" or "I didn't realize how important it would be to them."  If you are not sure who your legislators are, you can find out here: http://cga.ct.gov/asp/menu/CGAFindLeg.asp


House Bill 6461: An Act Concerning the Selection of Tenant Commissioner

OPPOSE as written
Bill text and information:  http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=6461&which_year=2011

What does HB 6461 do:

  1. Establishes a process for recognizing public housing authority tenant organizations that can elect or designate a tenant commissioner to the authority's board of commissioners taking the appointment selection away from the chief elected offical;

  2. Establishes procedures under which a tenant organization may select or designate the tenant commissioner;

  3. Provides a mechanism for tenants to petition for an election if no recognized tenant organization exists;

  4. Expands the definition of "tenants" who are eligible to participate in the selection and serve on the board;

  5. Authorizes housing authority boards in municipalities with 3,000 or fewer units to have two additional members (up to seven) if the elected tenant commissioner does not comply with federal requirements or state minority representation law

  6. Removes the prohibition against tenant commissioners voting to establish or revise rents.

Why Oppose:
Conn-NAHRO believes the bill is not necessary and that the current system for appointment provides adequate ability for the tenants to put forth candidates for consideration.  It was made clear to us by the chairs of the legislature's Housing Committee that this bill would pass this year.  Therefore, during the course of the legislative session Conn-NAHRO has been advocating for provisions or changes be made to the bill.  During two meetings called by the Speaker of the House, Conn-NAHRO identified some provisions we believe are necessary to resolve problems or logistical issues with the bill in hopes of achieving a compromise, but ultimately a compromise was not reached as only one of our concerns was addressed.   The provisions we have called out for are:

  1. Bill Needs To Better Balance The Rights Of Municipal Oversight With Rights Of Tenants.  CCM's compromise of offering three names to the chief elected official to select from is a fair compromise.

  2. Bill Needs To Clearly Define The Tenant Organization Identified Section 1(B). We believe this should be achieved by requiring the tenant organization to satisfy all federal requirements not just 24 CFR 964.130.

  3. Bill Should Require That The Tenant Commissioner Is Compliant With Their Lease.

  4. Resolution For Conflict With Federal Requirements And State Minority Representation Laws Is Not To Expand To Seven Member Boards but to require the tenant elected or appointed candidate to comply with the requirements just as the chief elected official is required to do.

  5. Provisions Need To Be Added To Protect Housing Authorities From Claims And Costs Arising From Contested Election Results- Conn-NAHRO identified that since the appointment process is a municipal appointment and if a problem arises the chief elected official will need to be satisfied resolution to the election problem has occurred, that any problems resulting from an election be resolved by the appointing authority.

  6. Remove Provision That Allows Tenant Organization To Appoint The Commissioner Without Holding An Election.

  7. Conflict Of Interest Created By Removing Provision That Prohibits Tenants From Voting On Their Rents as identified in the CT. Supreme Court decision in New Haven v. Dorsey.

House Bill 6052: An Act Concerning Supportive Housing

OPPOSE 10% Set aside required

Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=6052&which_year=2011

What does HB 6052 do:
When any housing project is built or substantially rehabilitated with funding received from DECD, it requires not less than a 10% set aside of the dwelling units within such project occur for supportive housing units for persons who are chronically homeless or at risk of becoming homeless.

Why Oppose:
The mandatory requirement for a 10% set aside will cause two problems:

  1. Not every situation will allow for this mandate to succeed particularly in the absence of funding of the supportive services required for supportive housing to succeed. 

  2. This set aside will have the unintended consequence of displacing existing residents after a substantial rehabilitation (including elderly and young disabled).

House Bill 5437: An Act Concerning Security Deposits

SUPPORT
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=5437&which_year=2011

What does HB 5437 do:
Eliminates the requirement that landlords pay higher interest rates on security deposits than landlords may obtain from depositing such security deposits in a financial institution and allows tenants to submit their forwarding addresses to their landlords by electronic mail.

Why support:
Eliminates the mandatory minimum interest rate of 1.5% set in CGS  47a-21

Senate Bill 3: An Act Concerning Criminal Background Checks For Employees Of Homemaker-Companion Agencies And Home Health Agencies

SUPPORT
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=3&which_year=2011

What does SB 3 do:
Enhances the background check requirements on employees of homemaker-companion and home health agencies

Why support:
SB 3 requires a comprehensive background check prior to contracting with or employing a person.  This affords better protection to the population served by these companies which include many of our residents in our elderly, congregate and other properties.

Status:
Referred to Judiciary Committee

Senate Bill 139:  An Act Concerning Persons Residing In Elderly Housing And Members Of Senior Centers

OPPOSE  AMENDED TEXT  http://www.cga.ct.gov/2011/lcoamd/2011LCO05408-R00-AMD.htm
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=139&which_year=2011

What does SB 139 do:
While it previously required housing authorities to remove snow from the cars of our senior tenants.  The substitute language still requires the creation of a senior citizen’s bill of rights.  The bill of rights will unnecessarily complicate existing tenant-landlord law and elderly housing statutory requirements that already adequately protect the rights of seniors.  Conn-NAHRO, DECD and CHFA submitted testimony opposing this very requirement.  The amendment is being offered by Senator Prague and Representative Serra. It would require elderly or congregate housing to provide designated areas that are covered and heated for smoking. This would not apply to developments that provide a heated indoor area for smoking with secondhand smoke control.

SB 1008:  An Act Authorizing Bonds Of The State For Capital Improvements And Other Purposes

SUPPORT
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=1008&which_year=2011

What does SB 1008 do:
Section 9 (1) provides for $50 million in general obligation bonds in each year of the biennial budget for development and rehabilitation of housing including moderate rental, elderly and congregate housing.

Why support:
This is the first funding available to the state financed housing portfolio since 1989 when Governor O’Neill proposed a capital budget of $125 million for housing

SB 1075: An Act Concerning Public Housing Grievance Procedures

WATCH
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=1075&which_year=2011

What does SB 1075 do:
Requires DECD to adopt regulations pursuant to CGS Section 8-68F by December 1, 2011.

Why Watch:
To notify members of regulations about the grievance procedure that will be issued for public comment soon.

SB 1076: An Act Concerning Resident Participation In The Revitalization Of Public Housing

OPPOSE
Bill text and information: http://cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=1076&which_year=2011

What does SB 1076 do:
This bill requires housing authorities to inform and engage residents when they intend to undertake, in connection with a housing project, a major physical transformation or disposition of property they own or operate. Under the bill, “major physical transformation” means any renovation, rehabilitation, revitalization, or redevelopment of real property or a portion thereof for which the estimated cost exceeds 50% of its estimated replacement value. “Disposition” means the sale, lease, transfer, or other change in the ownership or control of all or part of a housing project. 

An authority intending to transform or dispose of a property must engage the residents by entering into a written agreement with the property’s tenant organization, if one exists, detailing the methods by which the authority and other parties involved in the project will inform residents about how the project will affect them and how they may participate in its planning, implementing, and monitoring activities.  The other parties that may be involved in the project are the developer undertaking the major physical transformation and the entity that will own, lease, or control the property. Under the bill, they must be parties to the agreement.

If no tenant organization exits, the bill requires the housing authority to make reasonable efforts encouraging residents to form one. Until that time, the authority must consult with residents to provide information that would otherwise be part of the agreement.  A housing authority that does not comply with the bill’s provisions  is not eligible to apply to the Department of Economic and Community Development commissioner or the Connecticut Housing Finance Authority for financial assistance to transform a property. However, the bill does not set a deadline for entering into agreements nor does it establish an enforcement authority or process.

Why Oppose:
As submitted by DECD, this bill may prevent housing authorities from meeting their obligations in a timely and cost effective manner, potentially usurping the statutory decision making authority of these municipal appointed boards.  As presently written the bill effectively gives the tenants the ability to veto a renovation by not agreeing upfront with the participation plan.