Sec. 8-38. Finding and declaration of necessity. It is declared: (a) That there exist
in the state insanitary or unsafe dwelling accommodations and that families of low and
moderate income are forced to reside in such insanitary or unsafe accommodations; that
within the state there is a shortage of safe or sanitary dwelling accommodations available
at rents which families of low and moderate income can afford and that such families
are forced to occupy overcrowded and congested dwelling accommodations; that such
conditions cause an increase in and spread of disease and crime and constitute a menace
to the health, safety, morals and welfare of the residents of the state and impair economic
values; that such conditions necessitate excessive and disproportionate expenditures of
public funds for crime prevention and punishment, public health and safety, fire and
accident protection and other public services and facilities; (b) that slum areas cannot
be cleared, nor can the shortage of safe and sanitary dwellings for families of low and
moderate income be relieved, through the operation of private enterprise, and that the
construction of housing projects for families of low and moderate income would, therefore, not be competitive with private enterprise; (c) that the clearance, replanning and
reconstruction of the areas in which insanitary or unsafe housing conditions exist and
the providing of safe and sanitary dwelling accommodations for families of low and
moderate income are public uses and purposes for which public money may be spent
and private property acquired; and the necessity in the public interest for the provisions
hereinafter enacted is declared as a matter of legislative determination. Sec. 8-39. Definitions. The following terms, wherever used or referred to in this
chapter, shall have the following respective meanings, unless a different meaning clearly
appears from the context: Sec. 8-39a. "Affordable housing" defined. As used in this title, "affordable housing" means housing for which persons and families pay thirty per cent or less of their
annual income, where such income is less than or equal to the area median income for
the municipality in which such housing is located, as determined by the United States
Department of Housing and Urban Development. Sec. 8-40. Creation of housing authorities. In each municipality of the state there
is created a public body corporate and politic to be known as the "housing authority"
of the municipality; provided such authority shall not transact any business or exercise
its powers hereunder until the governing body of the municipality by resolution declares
that there is need for a housing authority in the municipality, provided it shall find (1)
that insanitary or unsafe inhabited dwelling accommodations exist in the municipality
or (2) that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to families of low income at rentals they can afford or (3) that there is
a shortage of safe or sanitary dwelling accommodations in the municipality available to
families of moderate income at rentals they can afford. In determining whether dwelling
accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space
and access available to the inhabitants of such dwelling accommodations, the size and
arrangement of the rooms, the sanitary facilities and the extent to which conditions exist
in such buildings which endanger life or property by fire or other causes. The governing
bodies of two or more municipalities may create a regional housing authority, which
shall have all the powers, duties and responsibilities conferred upon housing authorities
by this chapter and chapter 130. The area of operation of such authority shall include
the municipalities for which such authority is created. Such authority shall act through
a board of commissioners composed of two representatives from each municipality
appointed for terms of four years in the manner provided in section 8-41. Sec. 8-41. Appointment, qualifications and tenure of commissioners. Commissioners authorized to serve as justice of the peace or registrar of voters. (a)
When the governing body of a municipality other than a town adopts a resolution as
described in section 8-40, it shall promptly notify the chief executive officer of such
adoption. Upon receiving such notice, the chief executive officer shall appoint five
persons who are residents of said municipality as commissioners of the authority, except
that where the authority operates more than three thousand units the chief executive
officer may appoint two additional persons who are residents of the municipality. If the
governing body of a town adopts such a resolution, such body shall appoint five persons
who are residents of said town as commissioners of the authority created for such town.
The commissioners who are first so appointed shall be designated to serve for a term
of either one, two, three, four or five years, except that if the authority has five members,
the terms of not more than one member shall expire in the same year. Terms shall
commence on the first day of the month next succeeding the date of their appointment,
and annually thereafter a commissioner shall be appointed to serve for five years except
that any vacancy which may occur because of a change of residence by a commissioner,
removal of a commissioner, resignation or death shall be filled for the unexpired portion
of the term. If a governing body increases the membership of the authority on or after
July 1, 1995, such governing body shall, by resolution, provide for a term of five years
for each such additional member. The term of the chairman shall be three years. At least
one of such commissioners of an authority having five members, and at least two of
such commissioners of an authority having more than five members, shall be a tenant
or tenants who live in housing owned or managed by such authority, if any exists,
provided that any such tenant shall have resided in such housing for more than one year,
and provided further that no such tenant shall have the authority to vote on any matter
concerning the establishment or revision of the rents to be charged in any housing owned
or managed by such authority. If, on October 1, 1979, a municipality has adopted a
resolution as described in section 8-40, but has no tenants serving as commissioners,
the chief executive officer of a municipality other than a town or the governing body
of a town shall appoint a tenant who meets the qualifications set out in this section as
a commissioner of such authority when the next vacancy occurs. No commissioner of
an authority may hold any public office in the municipality for which the authority is
created. A commissioner shall hold office until his successor is appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be
filed with the clerk and shall be conclusive evidence of the legal appointment of such
commissioner, after he has taken an oath in the form prescribed in the first paragraph
of section 1-25. The powers of each authority shall be vested in the commissioners
thereof. Three commissioners shall constitute a quorum if the authority consists of five
commissioners. Four commissioners shall constitute a quorum if the authority consists
of more than five commissioners. Action may be taken by the authority upon a vote of
not less than a majority of the commissioners present, unless the bylaws of the authority
require a larger number. The chief executive officer, or, in the case of an authority for
a town, the governing body of the town, shall designate which of the commissioners
shall be the first chairman, but when the office of chairman of the authority becomes
vacant, the authority shall select a chairman from among its commissioners. An authority
shall select from among its commissioners a vice chairman, and it may employ a secretary, who shall be executive director, and technical experts and such other officers,
agents and employees, permanent and temporary, as it requires, and shall determine
their qualifications, duties and compensation, provided, in municipalities having a civil
service law, all appointments and promotions, except the employment of the secretary,
shall be based on examinations given and lists prepared under such law, and, except so
far as may be inconsistent with the terms of this chapter, such civil service law and
regulations adopted thereunder shall apply to such housing authority and its personnel.
For such legal services as it requires, an authority may employ its own counsel and legal
staff. An authority may delegate any of its powers and duties to one or more of its agents
or employees. A commissioner, or any employee of the authority who handles its funds,
shall be required to furnish an adequate bond. The commissioners shall serve without
compensation, but shall be entitled to reimbursement for their actual and necessary
expenses incurred in the performance of their official duties. Sec. 8-41a. Liability of authority for actions of commissioners and employees.
Each housing authority shall protect and save harmless any commissioner or any full-
time employee of such authority from financial loss and expense, including legal fees
and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged
negligence, or for alleged infringement of any person's civil rights, on the part of such
commissioner or such employee while acting in the discharge of his duties. Sec. 8-42. Commissioners and employees to have no interest in project. Limitation on employment of former commissioners. (a) No commissioner or employee
of an authority shall acquire any interest, direct or indirect, in any housing project or in
any property included or planned to be included in any project, nor shall he have any
interest, direct or indirect, in any contract or proposed contract for materials or services
to be furnished or used in connection with any housing project. If any commissioner or
employee of an authority owns or controls an interest, direct or indirect, in any property
included or planned to be included in any housing project, he shall immediately disclose
the same in writing to the authority and such disclosure shall be entered upon the minutes
of the authority. Failure so to disclose such interest shall constitute misconduct in office.
Occupancy of a dwelling unit owned by the housing authority or enrolled in a program
of housing authority assistance to low-income families in private accommodations shall
not be deemed an interest in any project or in a contract for materials or services or in
property included in any project for the purposes of this section. Sec. 8-43. Removal of commissioners; subpoenas. A commissioner of an authority may be removed by the appointing power for inefficiency, neglect of duty or misconduct in office, but a commissioner shall be removed only after opportunity to be heard
in person or by counsel before the appointing power, at least ten days prior to which he
shall have been given a copy of the charges against him. In the event of the removal of
any commissioner, a record of the proceedings, together with the charges and findings
thereon, shall be filed in the office of the clerk. Such appointing power, for its purposes
under this section, may subpoena any books, papers, records, accounts, contracts, deeds,
regulations or documents. Any person who wilfully refuses to produce such books,
papers, records, accounts, contracts or documents shall be fined not more than five
hundred dollars or imprisoned not more than six months or both. Sec. 8-44. Powers of authority. An authority shall constitute a public body corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following
enumerated powers in addition to others granted by any provision of the general statutes:
(a) To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual
succession; to make and execute contracts and other instruments necessary or convenient
to the exercise of the powers of the authority; and to make and from time to time amend
and repeal bylaws, rules and regulations not inconsistent with this chapter to carry into
effect the powers and purposes of the authority; (b) within its area of operation, to
prepare, carry out, acquire, lease and operate housing projects and to provide for the
construction, reconstruction, improvement, alteration or repair of any housing project
or any part thereof either directly or in the form of loans or other similar assistance
to developers, all such housing projects where families with children are eligible for
occupancy to contain reasonably adequate outdoor playground areas; (c) to arrange
or contract for the furnishing by any person or agency, public or private, of services,
privileges, works or facilities for, or in connection with, a housing project or the occupants thereof; (d) to demise any dwellings, houses, accommodations, lands, buildings,
structures or facilities embraced in any housing project and, subject to the limitations
contained in this chapter, to establish and revise the rents or charges therefor; to own,
hold and improve real or personal property; to purchase, lease, obtain options upon or
acquire, by gift, grant, bequest, devise or otherwise, any real or personal property or
any interest therein, provided no real property or interest therein shall be acquired for
the site of a proposed housing project until the housing authority has held a public
hearing concerning such site, notice of which has been published in the form of a legal
advertisement in a newspaper having a substantial circulation in the municipality at least
twice at intervals of not less than two days, the first not more than fifteen nor less than
ten days, and the last not less than two days, before such hearing; to insure or provide
for the insurance of any real or personal property or operations of the authority against
any risks or hazards; to procure insurance or guarantees from the federal government
of the payment of any debts or parts thereof, whether or not incurred by such authority,
secured by mortgages on any property included in any of its housing projects; (e) to invest
any funds held in reserves or sinking funds, or any funds not required for immediate
disbursements, in investments legal for mutual savings banks, provided that the provisions of subdivision (2) of subsection (n) of section 36-96 shall not be applicable to any
such investment, and to purchase its bonds at a price not more than the principal amount
thereof and accrued interest, all bonds so purchased to be cancelled; (f) within its area
of operation, to investigate living, dwelling and housing conditions and the means and
methods of improving such conditions; to determine where slum areas exist or where
there is a shortage of decent, safe and sanitary dwelling accommodations for families
of low and moderate income; to make studies and recommendations relating to the
problem of clearing, replanning and reconstructing slum areas, and the problem of providing dwelling accommodations for families of low and moderate income, and to cooperate with the municipality or the state or any political subdivision thereof in action
taken in connection with such problems; (g) to promote the creation and preservation
of housing for low and moderate income persons and families, either directly or through
an agency or instrumentality designated or appointed by the authority, by lending or
otherwise making available to developers the proceeds from the sale of obligations
which are tax-exempt pursuant to the provisions of the Internal Revenue Code of 1986,
or any subsequent corresponding internal revenue code of the United States, as from
time to time amended, or Section 11(b) of the United States Housing Act of 1937, as
amended, or any successor provisions amendatory or supplementary thereto, provided
no such obligations or other notes or securities issued by any agency or instrumentality
designated or approved by the authority pursuant to the provisions of this subdivision,
shall create or imply any indebtedness of any kind on the part of the housing authority,
the state, or any political subdivision thereof; and (h) to exercise all or any part or
combination of powers herein granted. No provision of law with respect to the operation
or disposition of property by other public bodies shall be applicable to an authority
unless the General Assembly specifically so states. All contracts to be made or let for
work, supplies, or for purchases of personal property of every description, shall be
publicly advertised, for the purpose of receiving bids upon the same, in a local daily
paper and, if deemed advisable, in other papers, provided the several parts of such work,
supplies or personal property shall, together, involve the expenditure of more than
twenty-five thousand dollars. The bids received in response to such public advertisement
shall be publicly opened at a hearing of the authority, the date and time of such hearing
being named in such public advertisement, and the contract or award shall be made by
the authority with or to the lowest responsible bidder. Such bidding may be waived by
vote of the authority when the public interest so requires, provided the reasons for such
waiver shall be set forth and made public and provided the total cost of such work,
supplies or personal property shall not exceed thirty thousand dollars. In any contract
let in connection with a housing project, an authority, notwithstanding any provision to
the contrary in this chapter or in any other statute, may include stipulations requiring
that the contractor and any subcontractors comply with requirements as to minimum
wages, maximum hours and any conditions which the federal government or any other
obligee may have imposed as prerequisite to the granting of financial aid to the housing
project. Sec. 8-44a. Housing authority programs for social and supplementary services, project rehabilitation and improvement and energy conservation. State
grants-in-aid, loans and deferred loans. Rental Rehabilitation Fund. Operation or
management plan for housing projects. (a) Any housing authority may prepare and
submit to the Commissioner of Economic and Community Development for approval
a program of social and supplementary services and project rehabilitation and improvement for any or all housing projects within the jurisdiction of such housing authority.
Such program shall include the estimated costs of the services, rehabilitation and improvement and the method and staff required to carry out such program. After approval
of such program by the commissioner, the state, acting by and in the discretion of the
commissioner, may enter into a contract with the housing authority conditioned upon
the housing authority performing the program approved. Such contract shall provide for
state financial assistance in the form of a grant-in-aid, loan, deferred loan or combination
thereof equal to the cost of such program, including administrative or other cost or
expense to be incurred by the state in connection with such program as approved by the
commissioner, provided such contract shall provide financial assistance in the form of
a loan, or deferred loan rather than a grant only in a case where, and to the extent
that, repayment ability exists because of an adequate rental structure or funds are made
available by an agency of the United States government in such amounts and for such
periods of time as are required to repay such loan, together with interest. The contract
shall further provide that in the event such funds provided by an agency of the United
States government shall terminate prior to complete repayment of a loan or deferred
loan made pursuant to this subsection, the remaining balance of such loan shall be
deemed to be a grant-in-aid. In the case of a deferred loan, the contract shall require that
payments on interest are due immediately but that payments on principal may be made
at a later time. Sec. 8-44b. Housing authority police force. (a) Any housing authority created
by section 8-40 shall have the power to establish a housing authority police force, the
members of which shall be employees of such housing authority and shall be known as
housing authority police officers. Housing authority police officers shall be appointed
by the local board, agency or person empowered to appoint municipal police officers,
subject to approval of the housing authority. The requirements for appointment as a
police officer in the municipality in which the housing authority is located, except for
age and physical qualifications, shall be mandatory for housing authority police officers
in such municipality. No person shall be appointed to such housing authority police
force unless he has been awarded a certificate attesting to his successful completion of
an approved municipal police basic training program, as provided in section 7-294e.
The initial appointment shall be for a probationary term upon completion of which
the appointing authority may promote such probationary officers to permanent status;
provided such promotion shall be in accordance with procedures applicable to municipal
police officers in the municipality and shall be made subject to the approval of the
housing authority. Housing authority police officers shall have and exercise the powers
and authority conferred upon municipal police officers and shall be subject to the ultimate supervision and control of the chief of police of the municipality in which the
housing authority operates. Sec. 8-45. Rentals and tenant selection for low rental projects. Each housing
authority shall manage and operate its housing projects in an efficient manner so as to
enable it to fix the rentals for dwelling accommodations at the lowest possible rates
consistent with providing decent, safe and sanitary dwelling accommodations, and no
housing authority shall construct or operate any such project for profit or as a source of
revenue to the municipality. To this end an authority shall fix the rentals for dwelling
in its projects at no higher rates than it finds to be necessary in order to produce revenues
which, together with all other available money, revenues, income and receipts of the
authority from whatever sources derived, will be sufficient (a) to pay, as the same become
due, the principal and interest on the bonds of the authority; (b) to meet the cost of,
and to provide for, maintaining and operating the projects, including the cost of any
insurance, and the administrative expenses of the authority; and (c) to create, during not
less than six years immediately succeeding its issuance of any bonds, a reserve sufficient
to meet the largest principal and interest payments which will be due on such bonds in
any one year thereafter and to maintain such reserve. In the operation or management
of housing projects an authority shall, at all times, rent or lease the dwelling accommodations therein at rentals within the financial reach of families of low income. The authority,
subject to approval by the Commissioner of Economic and Community Development,
shall fix maximum income limits for the admission and for the continued occupancy of
families in such housing, provided such maximum income limits and all revisions thereof
for housing projects operated pursuant to any contract with any agency of the federal
government shall be subject to the prior approval of such federal agency. The Commissioner of Economic and Community Development shall define the income of a family
to provide the basis for determining eligibility for the admission and for the continued
occupancy of families under the maximum income limits fixed and approved. The definition of family income, by the Commissioner of Economic and Community Development, may provide for the exclusion of all or part of the income of family members
which, in the judgment of said commissioner, is not generally available to meet the cost
of basic living needs of the family. No housing authority shall refuse to rent any dwelling
accommodation to an otherwise qualified applicant on the ground that one or more of
the proposed occupants are children born out of wedlock. Each housing authority shall
provide a receipt to each applicant for admission to its housing projects stating the time
and date of application and shall maintain a list of such applications which shall be a
public record as defined in section 1-200. The Commissioner of Economic and Community Development shall, by regulation, provide for the manner in which such list shall
be created, maintained and revised. No provision of this chapter shall be construed as
limiting the right of the authority to vest in an obligee the right, in the event of a default
by such authority, to take possession of a housing project or cause the appointment of
a receiver thereof or acquire title thereto through foreclosure proceedings, free from all
the restrictions imposed by this chapter with respect to rental rates and tenant selection. Sec. 8-45a. Consideration of criminal record, alcohol abuse and status as registered sexual offender of applicant or proposed occupant. A housing authority, as
defined in subsection (b) of section 8-39, in determining eligibility for the rental of
public housing units may establish criteria and consider relevant information concerning
(1) an applicant's or any proposed occupant's history of criminal activity involving:
(A) Crimes of physical violence to persons or property, (B) crimes involving the illegal
manufacture, sale, distribution or use of, or possession with intent to manufacture, sell,
use or distribute, a controlled substance, as defined in section 21a-240, or (C) other
criminal acts which would adversely affect the health, safety or welfare of other tenants,
(2) an applicant's or any proposed occupant's abuse, or pattern of abuse, of alcohol
when the housing authority has reasonable cause to believe that such applicant's or
proposed occupant's abuse, or pattern of abuse, of alcohol may interfere with the health,
safety or right to peaceful enjoyment of the premises by other residents, and (3) an
applicant or any proposed occupant who is subject to a lifetime registration requirement
under section 54-252 on account of being convicted or found not guilty by reason of
mental disease or defect of a sexually violent offense. In evaluating any such information, the housing authority shall give consideration to the time, nature and extent of
the applicant's or proposed occupant's conduct and to factors which might indicate a
reasonable probability of favorable future conduct such as evidence of rehabilitation
and evidence of the willingness of the applicant, the applicant's family or the proposed
occupant to participate in social service or other appropriate counseling programs and
the availability of such programs. Sec. 8-46. Penalty for false statement. Any person who makes a false statement
concerning any of the eligibility requirements for a public housing project, as defined
in subsection (b) of section 21a-278a, in an application for admission to or continued
occupancy of such public housing may be fined not more than five hundred dollars or
imprisoned not more than six months or both. Sec. 8-47. Considerations in fixing income limits. In fixing maximum income
limits under section 8-45, the authority and the Commissioner of Economic and Community Development shall take into consideration (1) the latest average wage as computed
by the Labor Commissioner for the city or town served by the authority, (2) the number
of vacancies in the projects under the authority's control and (3) the number of applications for admission to tenancy which are refused because of income disqualification. Sec. 8-48. Rentals for persons receiving welfare aid. In the cases of any tenants
who are the recipients of one hundred per cent social services aid from the Department
of Social Services of the state or any municipality and who have no income from any
other source, rentals shall be fixed by each housing authority for the ensuing rental year
established by the authority based on one-half of the costs and expenses set forth in
subsection (a) of section 8-45, plus the full amount of costs and expenses set forth in
subsections (b) and (c) of said section as set forth in the operating statements of the
authority for the preceding fiscal year, which total amount shall be divided by the total
number of rooms contained in all low-rent housing projects operated by such housing
authority to establish the rental cost per room per annum for such tenants, from which
figure shall be computed the rent per month per room. Said rentals shall govern for said
rental year. Sec. 8-49. Cooperation of housing authorities. Any authority or authorities may
join or cooperate with one another or with the Commissioner of Economic and Community Development in the exercise, either jointly or otherwise, of any of their powers for
the purpose of financing, including the issuance of bonds, notes or other obligations and
the giving of security therefor, planning, undertaking, owning, constructing, operating or
contracting with respect to a housing project or projects located within the area within
which one or more of such authorities are authorized to exercise their powers. For such
purpose any cooperating authority may, by resolution, prescribe and authorize said commissioner or any authority so joining and cooperating with it to act in its behalf in the
exercise of any of such powers or the cooperating authorities may, by resolution, appoint
from among the commissioners of such authorities an executive committee with full
powers to act on behalf of such authorities with respect to any of their powers as prescribed by resolution of such authority.
(1949 Rev., S. 923; 1949, 1955, June, 1955, S. 435d; November, 1955, S. N13.)
See Sec. 8-69 for declaration of policy re moderate rental and moderate cost housing.
Cited. 145 C. 196.
(Return to TOC) (Return to Chapters) (Return to Titles)
(a) "Area of operation" includes the municipality in which a housing authority is
created under the provisions of this chapter and may include a neighboring municipality,
provided the governing body of such neighboring municipality agrees by proper resolution to the extension of the area of operation to include such neighboring municipality.
(b) "Authority" or "housing authority" means any of the public corporations created
by section 8-40, and the Connecticut Housing Authority when exercising the rights,
powers, duties or privileges of, or subject to the immunities or limitations of, housing
authorities pursuant to section 8-121.
(c) "Bonds" means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations issued by the authority pursuant to this chapter.
(d) "Clerk" means the clerk of the particular city, borough or town for which a
particular housing authority is created.
(e) "Families of low income" means families who lack the amount of income which
is necessary, as determined by the authority undertaking the housing project, to enable
them, without financial assistance, to live in decent, safe and sanitary dwellings, without
overcrowding.
(f) "Families of low and moderate income" means families who lack the amount
of income which is necessary, as determined by the Commissioner of Economic and
Community Development, to enable them to rent or purchase moderate cost housing
without financial assistance as provided by this part and parts II and III of this chapter.
(g) "Federal government" includes the United States of America, the federal emergency administration of public works or any other agency or instrumentality, corporate
or otherwise, of the United States of America.
(h) "Governing body" means, for towns having a town council, the council; for
other towns, the selectmen; for cities, the common council or other similar body of
officials; and for boroughs, the warden and burgesses.
(i) "Housing project" means any work or undertaking (1) to demolish, clear or remove buildings from any slum area, which work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community
purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments
or other living accommodations for families of low or moderate income, which work or
undertaking may include buildings, land, equipment, facilities and other real or personal
property for necessary, convenient or desirable appurtenances, streets, sewers, water
service, parks, site preparation, gardening, administrative, community, recreational,
commercial or welfare purposes and may include the acquisition and rehabilitation of
existing dwelling units or structures to be used for moderate or low rental units; or (3)
to accomplish a combination of the foregoing. The term "housing project" also may be
applied to the planning of the buildings and improvements, the acquisition of property,
the demolition of existing structures, the construction, reconstruction, alteration and
repair of the improvements and all other work in connection therewith and may include
the reconstruction, rehabilitation, alteration, or major repair of existing buildings or
improvements which were undertaken pursuant to parts II and VI of this chapter.
(j) "Mayor" means, for cities, the mayor and, for boroughs, the warden.
(k) "Moderate rental" means a rental which, as determined by an authority with the
concurrence of the Commissioner of Economic and Community Development, is below
the level at which private enterprise is currently building a needed volume of safe and
sanitary dwellings for rental in the locality involved; and "moderate rental housing
project" means a housing project, receiving state aid in the form of loans or grants,
for families unable to pay more than moderate rental. Such project may include the
reconstruction, rehabilitation, alteration, or major repair of existing buildings or improvements which were undertaken pursuant to parts II or VI of this chapter.
(l) "Municipality" means any city, borough or town. "The municipality" means the
particular municipality for which a particular housing authority is created.
(m) "Obligee of the authority" or "obligee" includes any bondholder, trustee or
trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any
part thereof, and the state or federal government when it is a party to any contract with
the authority.
(n) "Real property" includes all lands, including improvements and fixtures thereon,
and property of any nature appurtenant thereto, or used in connection therewith, and
every estate, interest and right, legal or equitable, therein, including terms for years
and liens by way of judgment, mortgage or otherwise and the indebtedness secured by
such liens.
(o) "Rent" means the entire amount paid to an authority for any dwelling unit.
(p) "Shelter rent" means rent less any charges made by an authority for water, heat,
gas and electricity.
(q) "Slum" means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary
facilities, or any combination of these factors, are detrimental to safety, health and
morals.
(r) "State public body" means any city, borough, town, municipal corporation, district or other subdivision of the state.
(s) "Veteran" has the meaning assigned by section 27-103 and includes any officer
of the United States Public Health Service detailed by proper authority to duty with any
of the armed forces and the spouse or widow or widower of such veteran, provided such
veteran shall have served for a period of ninety days or more in time of war after December 7, 1941, and shall have resided in this state at any time continuously for two years.
(t) "Family" means a household consisting of one or more persons.
(u) "Eligible developer" or "developer" means (1) a nonprofit corporation; (2) any
business corporation incorporated pursuant to chapter 601 or any predecessor statutes
thereto, having as one of its purposes the construction, rehabilitation, ownership or
operation of housing, and having articles of incorporation approved by the commissioner
in accordance with regulations adopted pursuant to section 8-79a or 8-84; (3) any partnership, limited partnership, joint venture, trust, limited liability company or association
having as one of its purposes the construction, rehabilitation, ownership or operation
of housing, and having basic documents of organization approved by the commissioner
in accordance with regulations adopted pursuant to section 8-79a or 8-84; (4) a housing
authority; (5) a family or person approved by the commissioner as qualified to own,
construct, rehabilitate, manage and maintain housing under a mortgage loan made or
insured under an agreement entered into pursuant to the provisions of this chapter; or
(6) a municipal developer.
(v) "Mortgage" means a mortgage deed, deed of trust, or other instrument which
shall constitute a lien, whether first or second, on real estate or on a leasehold under a
lease having a remaining term, at the time such mortgage is acquired, which does not
expire for at least that number of years beyond the maturity date of the obligation secured
by such mortgage as is equal to the number of years remaining until the maturity date
of such obligation.
(w) "Nonprofit corporation" means a nonprofit corporation incorporated pursuant
to chapter 602 or any predecessor statutes thereto, having as one of its purposes the
construction, rehabilitation, ownership or operation of housing and having articles of
incorporation approved by the Commissioner of Economic and Community Development in accordance with regulations adopted pursuant to section 8-79a or 8-84.
(x) "Municipal developer" means a municipality, as defined in subsection (l) of this
section, which has not declared by resolution a need for a housing authority pursuant
to section 8-40, acting by and through its legislative body, except that in any town in
which a town meeting or representative town meeting is the legislative body, "municipal
developer" means the board of selectmen if such board is authorized to act as the municipal developer by the town meeting or representative town meeting.
(1949 Rev., S. 924; 1949, 1953, S. 436d; 1957, P.A. 163, S. 15; 1961, P.A. 333; 447, S. 1; 1967, P.A. 522, S. 8; P.A.
73-158, S. 1; P.A. 75-162, S. 1, 2; P.A. 76-14, S. 1−3; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; 78-304, S. 19,
22; 78-374, S. 3, 4, 9; P.A. 79-598, S. 3, 4, 10; P.A. 83-339, S. 1, 2, 9; P.A. 84-493, S. 1, 9; P.A. 85-444, S. 1; P.A. 86-
281, S. 6; P.A. 87-436, S. 1, 23; P.A. 95-79, S. 12, 189; 95-250, S. 1; P.A. 96-76; 96-211, S. 1, 5, 6; 96-256, S. 172, 209;
96-271, S. 150, 254.
History: 1961 acts amended Subdiv. (i)(2) to include the acquisition and rehabilitation of existing units or structures
and added Subdiv. (t); 1967 act substituted commissioner of community affairs for public works commissioner; P.A. 73-
158 included commercial purposes in Subpara. (2) of Subsec. (i); P.A. 75-162 redefined "family" to include one, rather
than two, or more persons, deleting specific references to elderly single persons and remaining members of tenant families;
P.A. 76-14 redefined "housing project" and "moderate rental" to include reconstruction, rehabilitation etc. of existing
buildings or improvements undertaken pursuant to Pts. II and VI of Ch. 128; P.A. 77-614 substituted department of economic
development for commissioner of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner of
economic development for department of economic development; P.A. 78-304 defined "mortgage"; P.A. 78-374 defined
"eligible developer"; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A.
83-339 amended the definition of "authority" to specifically include the commissioner of housing, rewording reference to
"authority" in Subdiv. (u) accordingly; P.A. 84-493 amended Subdiv. (k) to provide for state financial assistance to moderate
rental housing projects in the form of a grant; P.A. 85-444 added Subsec. (w), defining "nonprofit corporation", and
amended Subsec. (u) to delete language included in new definition of "nonprofit corporation"; P.A. 86-281 amended
definition of "authority" or "housing authority" in Subdiv. (b) to include Connecticut housing authority instead of commissioner of housing; P.A. 87-436 amended definition of "eligible developer" in Subsec. (u) to include municipal developers
and added Subsec. (x) defining "municipal developer"; P.A. 95-79 amended Subdiv. (u)(3) to include a limited liability
company in definition of "eligible developer" or "developer", effective May 31, 1995; P.A. 95-250 and P.A. 96-211
replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community
Development; P.A. 96-76 redefined "bonds" to include refunding bonds; P.A. 96-256 amended definition of "nonprofit
corporation" to replace reference to "chapter 600" with "chapter 602 or any predecessor statutes thereto", effective January
1, 1997; P.A. 96-271 amended Subsec. (u) to replace reference to "chapter 599" with "chapter 601 or any predecessor
statutes thereto", effective January 1, 1997.
Cited. 216 C. 112, 116.
Subsec. (i):
Cited. 220 C. 556, 562.
Subdiv. (l):
Cited. 12 CA 499, 506, 507.
Subdiv. (n):
General allegation that property was depreciated by erection of housing project nearby not sufficient for injunction or
declaratory judgment re constitutionality of act. 145 C. 196.
Subdiv. (t):
Cited. 144 C. 195.
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(P.A. 88-13, S. 2, 3.)
Cited. 37 CA 303, 305. Cited. 42 CA 94.
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(1949 Rev., S. 925; 1949, S. 437d.)
Cited. 133 C. 546. Hartford Housing Authority is a distinct corporate entity and the city is not responsible for its debts.
143 C. 338. Cited. 208 C. 161, 172, 173, 184. Cited. 213 C. 354, 356. Cited. 216 C. 112, 113, 115, 117, 122−124.
Cited. 38 CA 175, 178.
Cited. 11 CS 465. Local housing authorities are corporations established pursuant to state statutes, with delegated
authority to regulate rent subsidy programs. Activities of landlord of low cost housing development constitute "state action"
re federal constitution. Informal hearing required before summary process eviction may be instituted. 33 CS 15.
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(b) Any tenant organization composed of tenants residing within units owned or
managed by the appointing authority may indicate to such authority its desire to be
notified of any pending appointment of any such commissioner. A reasonable time
before appointing any such commissioner, the appointing authority shall notify any such
tenant organization and, in making such appointment, such authority shall consider
tenants suggested by such tenant organizations.
(c) Notwithstanding any provision of subsection (a) of this section or any other
provision of the general statutes to the contrary, a commissioner of an authority may
serve as a justice of the peace or a registrar of voters.
(1949 Rev., S. 926; 1949, S. 438d; 1967, P.A. 124, S. 1; P.A. 75-415, S. 1; P.A. 78-326; P.A. 79-546; P.A. 90-245;
P.A. 94-35, S. 1, 2; 94-156, S. 4, 5; P.A. 97-307, S. 3, 4.)
History: 1967 act specified conditions under which vacancies are to be filled; P.A. 75-415 limited tenant commissioners
to one; P.A. 78-326 deleted former limitation on tenant commissioners and specifically allowed more than one tenant
commissioner provided residence requirement met; P.A. 79-546 required at least one tenant commissioner and made
provision for appointment and for restricting voting power in cases involving rents in housing owned or managed by
authority; P.A. 90-245 amended Subsec. (a) by adding provision re appointment of members who are not residents where
the authority operates more than 3,000 units and requiring that authorities with more than five members have at least two
members who are residents in units operated by the authority; P.A. 94-35 amended Subsec. (a) to eliminate the requirement
that additional members not be residents and that such members serve at the pleasure of the chief executive official, to add
provision re term duration and to provide that five commissioners constitute a quorum if the authority has more than five
members, effective July 1, 1994; P.A. 94-156 changed the effective date of P.A. 94-35 from July 1, 1994, to July 1, 1995,
effective July 1, 1994; P.A. 97-307 added Subsec. (c), allowing commissioners to serve as justices of the peace or registrars
of voters, effective July 8, 1997.
Cited. 208 C. 161, 175, 184, 185. Cited. 216 C. 112, 116.
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(P.A. 81-168.)
Cited. 208 C. 161, 171.
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(b) No person who has served as a commissioner of an authority shall be employed
by such authority for a period of two years after leaving office. The provisions of this
subsection shall not apply to a commissioner who has served for more than twenty years
for a housing authority which does not have an executive director.
(1949 Rev., S. 927; P.A. 75-415, S. 2; P.A. 83-483, S. 2; P.A. 93-401, S. 3.)
History: P.A. 75-415 excluded occupancy from consideration as "an interest in any project or in a contract for materials
or services or in property included in any project"; P.A. 83-483 inserted Subsec. (b) concerning employment of former
commissioners; P.A. 93-401 amended Subsec. (b) to exempt commissioners who have served more than twenty years for
a housing authority without an executive director from the employment prohibition.
Tenant may not serve as commissioner of the housing project in which he lives. 164 C. 247.
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(1949 Rev., S. 928; 1949, 1951, S. 439d; 1967, P.A. 124, S. 2.)
History: 1967 act made slight change in wording.
Cited. 208 C. 161, 185. Cited. 213 C. 354, 362. Cited. 216 C. 112, 116.
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(1949 Rev., S. 929; 1949, 1955, S. 440d; 1957, P.A. 592, S. 1; February, 1965, P.A. 302; 1971, P.A. 100; P.A. 79-233,
S. 6; 79-536, S. 1, 2; P.A. 80-238, S. 1; 80-483, S. 23, 186; P.A. 83-339, S. 3, 9; P.A. 87-211; P.A. 89-211, S. 13; P.A. 92-
12, S. 109; P.A. 94-82, S. 3, 5; P.A. 97-27.)
History: 1965 act added public hearing requirement re site of project to make it precedent only to acquisition of real
property and amended Subdiv. (d) to amplify notice provisions; 1971 act increased dollar limit for expenditures not requiring
advertising for bids to two thousand dollars and limit for waiver of bidding from two to four thousand dollars; P.A. 79-
233 allowed investments as allowed for mutual savings banks if provisions of Subsec. 14b of Sec. 36-96 not applicable to
investment; P.A. 79-536 allowed authorities to promote construction of low and moderate-income housing directly or
indirectly within limitations set forth in section; P.A. 80-238 changed dollar limit for expenditures not requiring advertising
for bids to five thousand dollars and limit for waiver of bidding to ten thousand dollars; P.A. 80-483 replaced "subsection
14b" with "subdivision (b) of subsection (14)" of Sec. 36-96; P.A. 83-339 provided for the issuance of tax-exempt bonds
pursuant to Section 103(b)(4)(A) of the Federal Internal Revenue Code; P.A. 87-211 changed dollar limit for expenditures
not requiring advertising for bids from five to ten thousand dollars and limit for waiver of bidding from ten to twenty
thousand dollars; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; P.A. 92-12 made a technical
change; P.A. 94-82 amended Subdiv. (g) to authorize authorities to promote creation and preservation of housing and
delete the term "construction" and citation to Sec. 103(b)(4)(a) of the Internal Revenue Code, effective May 25, 1994;
P.A. 97-27 increased threshold for expenditures requiring advertising for bids from ten to twenty-five thousand dollars
and limit for cost of expenditures re waiver of bidding from twenty to thirty thousand dollars.
See Sec. 51-58 re court seals.
Requirements of this section extend to purchase of standard form policies of fire and extended coverage insurance.
Lowest responsible bidder statutes are enacted solely for benefit of public and in no sense create any rights in those who
submit bids. 143 C. 338. Provisions that contracts for work, supplies or personal property involving expenditure of more
than $1000 be advertised for bid does not restrict housing authority from selecting a type of facility which, in its judgment,
will benefit it. 148 C. 536. Housing authority decided to convert from coal heat to gas heat and then advertised for bids
on gas installation; plaintiff, a seller of oil, could not complain of decision to convert to gas heat for it was not necessary
for housing authority to invite bids for other types of fuel before deciding to convert to gas. Id. Cited. 208 C. 161, 173,
174, 185. Cited. 216 C. 112, 121.
Housing authority is not a board to hear and determine disputes over labor and wages. 10 CS 389. Provision in lease
absolving authority from liability owing to lack of repair held ineffective as defense. 16 CS 106. Decision of public officers
in awarding contracts will not be interfered with by the courts. 18 CS 302.
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(b) Said commissioner shall establish a program of rehabilitation and major repair,
including any repair, replacement or installation as may be necessary for energy conservation, of (1) existing rental housing projects developed with state financial assistance,
pursuant to this chapter or chapter 129, to restore such projects to a sound, habitable
and energy-efficient condition, (2) housing developed with state financial assistance
pursuant to chapter 138b, (3) projects developed with state financial assistance pursuant
to section 8-214f, (4) projects developed with state financial assistance pursuant to
section 8-432 and (5) projects developed with state financial assistance pursuant to
section 8-218. Each housing authority, nonprofit corporation, community housing development corporation, municipal developer or other eligible developer, as defined in
subdivision (17) of section 8-430, shall prepare and submit to said commissioner a
request for any necessary construction, rehabilitation and major repair with respect to
each such housing project within the jurisdiction of such authority, nonprofit corporation, community housing development corporation, municipal developer or other eligible developer, as defined in subdivision (17) of section 8-430, including the construction
or rehabilitation of facilities adjacent to such project which are functionally related to
and serve the needs of such project. Each such request shall include a detailed description
and the estimated cost of such construction, rehabilitation or major repair. After approval
by said commissioner of such construction, rehabilitation or major repair as requested,
or any part thereof, the state, acting by and in the discretion of said commissioner, may
enter into a contract with such authority, nonprofit corporation, community housing
development corporation, municipal developer or other eligible developer, as defined
in subdivision (17) of section 8-430, providing for state financial assistance in the form
of a grant-in-aid, loan, deferred loan or combination thereof equal to the cost of such
approved construction, rehabilitation or major repair, including, in the case of grants-in-
aid or loans or deferred loans financed from the proceeds of the state's general obligation
bonds issued pursuant to any authorization, allocation or approval of the State Bond
Commission made prior to July 1, 1990, administrative or other cost or expense to be
incurred by the state in connection with such program as approved by the commissioner,
provided such contract shall provide financial assistance in the form of a loan or deferred
loan rather than a grant only in a case where, and to the extent that, repayment ability
exists because of an adequate rental structure or funds are made available by an agency
of the United States government in such amounts and for such periods of time as are
required to repay such loan or deferred loan, together with interest. The contract shall
further provide that in the event such funds provided by an agency of the United States
government shall terminate prior to complete repayment of a loan or deferred loan made
pursuant to this subsection, the remaining balance of such loan or deferred loan shall
be deemed to be a grant-in-aid. Such grants-in-aid, loans or deferred loans shall be
provided from the proceeds of state bonds authorized and issued in accordance with the
provisions of subsection (c) of this section.
(c) For the purposes of subsection (b) of this section the State Bond Commission
shall have power, from time to time to authorize issuance of bonds of the state in one
or more series and in principal amounts not exceeding in the aggregate forty-two million
dollars. All provisions of section 3-20, or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section are hereby adopted
and shall apply to all bonds authorized by the State Bond Commission pursuant to this
section, and temporary notes in anticipation of the money to be derived from the sale
of any such bonds so authorized may be issued in accordance with said section 3-20
and from time to time renewed. Such bonds shall mature at such time or times not
exceeding twenty years from their respective dates as may be provided in or pursuant
to the resolution or resolutions of the State Bond Commission authorizing such bonds.
None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed
by or on behalf of the Commissioner of Economic and Community Development and
states such terms and conditions as said commission, in its discretion, may require. Said
bonds issued pursuant to this section shall be general obligations of the state and the full
faith and credit of the state of Connecticut are pledged for the payment of the principal of
and interest on said bonds as the same become due, and accordingly and as part of the
contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(d) The proceeds from the sale of the bonds and notes authorized by subsection (c)
of this section, except refunding bonds and notes, shall be deposited in a fund designated
the "Rental Rehabilitation Fund", which fund shall be used to make the grants, loans
and deferred loans authorized by subsection (b) of this section. Payments from the fund
to authorities shall be made by the State Treasurer on certification of the Commissioner
of Economic and Community Development in accordance with the contract for financial
assistance between the state and such authority. All payments by an authority of state
service charges, as authorized by subsection (f) of this section, financed from the proceeds of the state's general obligation bonds authorized pursuant to any authorization,
allocation or approval of the State Bond Commission made prior to July 1, 1990, shall
be paid to the State Treasurer for deposit in said fund. All payments of service charges
not financed from the proceeds of the state's general obligation bonds shall be paid to
the State Treasurer for deposit in the Housing Repayment and Revolving Loan Fund.
(e) The State Treasurer is authorized to invest such moneys in the Rental Rehabilitation Fund as he deems to be available for such purpose in obligations of or guaranteed
by the state or the United States of America or agencies or instrumentalities thereof and,
without limitation on the foregoing, in such other obligations, including time deposits
or certificates of deposit, as may be permitted investments by the Treasurer for the
General Fund of the state and secured in such manner as the Treasurer may require.
(f) Grants, loans and deferred loans or combinations thereof made under the authority of this section and financed from the proceeds of the state's general obligation bonds
authorized pursuant to any authorization, allocation or approval of the State Bond Commission made prior to July 1, 1990, shall include, as part of the project cost, a state service
charge, as approved by the Commissioner of Economic and Community Development.
(g) The Commissioner of Economic and Community Development shall approve
an operation or management plan of each housing project, which shall provide an income
adequate for debt service, administration, including a state service charge, other operating costs and establishment of reasonable reserves for repairs, maintenance and
replacements, vacancy and collection losses.
(h) Subject to the approval of the Governor, any administrative or other cost or
expense incurred by the state in connection with the carrying out of the provisions of
this section, including the hiring of necessary employees and the entering upon necessary
contracts, may be paid from the Rental Rehabilitation Fund.
(i) Any principal and interest payments received pursuant to this section from eligible developers shall be paid to the State Treasurer for deposit in the General Fund.
(j) On and after the effective date of regulations adopted under section 8-437, the
Commissioner of Economic and Community Development shall not accept any application for state financial assistance pursuant to this section except an application for a
project or development not qualifying for financial assistance pursuant to section 8-433.
(1967, P.A. 522, S. 22; 1969, P.A. 379; P.A. 77-564; 77-614, S. 284, 610; P.A. 78-83, S. 1−4; 78-303, S. 81, 136; P.A.
79-598, S. 3, 4, 10; Oct. Sp. Sess. P.A. 79-4, S. 1, 2; P.A. 80-397, S. 1, 2; P.A. 81-105; 81-230; 81-355; P.A. 84-443, S.
2, 20; P.A. 85-558, S. 3, 17; P.A. 86-217, S. 1, 2; 86-396, S. 4, 25; P.A. 87-380, S. 1, 2; 87-405, S. 2, 26; P.A. 90-238, S.
2, 32; P.A. 92-166, S. 1, 31; 92-214; P.A. 93-309, S. 12, 29; 93-435, S. 70, 95; P.A. 94-40, S. 1, 2; P.A. 95-250, S. 1; P.A.
96-211, S. 1, 5, 6.)
History: 1969 act deleted provisions concerning relief from repayment of principal and interest not exceeding two per
cent of state loans and grants-in-aid for additional assistance in contracts between housing authority and state; P.A. 77-
564 added Subsecs. (b) and (c) re rehabilitation and repair programs for moderate rental housing projects and re bonding
for financing such programs; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979; P.A. 78-83 amended Subsecs. (a) and (b) to include loans and to clarify specific
conditions governing which form financial assistance is to take; P.A. 78-303 substituted commissioner of economic development for department of economic development; P.A. 79-598 substituted commissioner of housing for commissioner of
economic development; October, 1979, P.A. 79-4 amended Subsec. (b) to include repairs etc. for energy conservation and
energy efficiency and amended Subsec. (c) to set June 30, 1980, deadline for bond issuance, to raise limit from ten to
twelve million dollars with two million reserved for energy conservation expenditures; P.A. 80-397 amended Subsec. (c)
to change deadline to June 30, 1983, and to increase limit to fifteen million dollars with three million reserved for energy
conservation expenditures; P.A. 81-105 extended the moderate rental rehabilitation program for five years to a total of
ten; P.A. 81-230 allowed financial assistance in form of loan rather than grant where repayment ability exists because of
adequate rental structure; P.A. 81-355 provided for state recovery of administrative costs and service charges, created
moderate rental rehabilitation fund and provided for approval by the commissioner of an operation or management plan
for each housing project in new Subsecs. (d) to (i); P.A. 84-443 amended Subsec. (c) to increase the authorization limit to
twenty-two million and to remove the authorization deadline; P.A. 85-558 increased the bond authorization limit in Subsec.
(c) to twenty-nine million dollars; P.A. 86-217 amended Subsec. (b) to repeal prohibition on paying grants, loans or
combination thereof under Subsec. (b) after end of tenth year following establishment of program; P.A. 86-396 increased
bond authorization from twenty-nine million dollars to thirty-five million dollars; P.A. 87-380 made technical changes,
changed "moderate rental housing" to "rental housing", made Subsec. (b) program applicable to rental housing projects
developed with state financial assistance and to adjacent facilities, including construction thereof, and eliminated three
million dollars reserved for energy conservation expenditures from Subsec. (c); P.A. 87-405 increased the bond authorization from thirty-five million dollars to forty-two million dollars; P.A. 90-238 revised provisions re administrative expenses,
state service fees and allocation of moneys to various housing funds; P.A. 92-166 amended Subsec. (a) by making deferred
loans a form of financial assistance available under the section and further provided that payments on interest are due
immediately but that payments on principal may be made at a later time and made technical changes to Subsecs. (b), (d)
and (f) consistent with changes in Subsec. (a); P.A. 92-214 amended Subsec. (b) by making rehabilitation and repair of
housing for the homeless reimbursable expenses under the program and making nonprofit corporations, community housing
development corporations and municipal developers eligible applicants and adding Subdiv. designations; P.A. 93-309
added new Subsec. (j) prohibiting the commissioner of housing, on and after July 1, 1994, or the effective date of regulations
adopted under Sec. 8-437, from accepting applications for housing developments that qualify for financial assistance under
Sec. 8-433, effective July 1, 1993; P.A. 93-435 amended Subsec. (j) by deleting the reference to "July 1, 1994," re the
deadline for the receipt by the commissioner of housing of certain applications for state financial assistance, and made
technical changes, effective July 1, 1993; P.A. 94-40 amended Subsec. (b) to make program applicable to projects developed
with financial assistance under Secs. 8-214f, 8-432 and 8-218, and to add reference to eligible developers under Sec. 8-
430(17), effective July 1, 1994; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with
Commissioner and Department of Economic and Community Development.
See Sec. 8-226 re use of prior bond proceeds for purposes of this section.
Cited. 213 C. 354, 362.
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(b) Notwithstanding the provisions of subsection (a) of this section, any housing
authority police force which existed prior to October 1, 1970, pursuant to Title 1 of Public
Law 89-754, 80 Stat. 1255, the Demonstration Cities and Metropolitan Development Act
of 1966, and which, for any reason, does not constitute a housing authority police force
pursuant to subsection (a) of this section, shall constitute a housing authority police
force pursuant to this subsection and the members of such police forces may exercise
the powers granted to such members pursuant to this subsection. The members of such
police force may act, at the expense of the municipality, as special police officers upon
property owned or managed by any housing authority. Such special police officers: (1)
May arrest, without previous complaint and warrant, any person for any offense in their
jurisdiction, when such person is taken or apprehended in the act or on the speedy
information of others; (2) when in the immediate pursuit of one who may be arrested
under the provisions of this subsection, may pursue such offender outside of their jurisdiction into any part of the municipality to effect an arrest; (3) shall be peace officers
as defined in subdivision (9) of section 53a-3; (4) shall have the authority to serve
criminal process within their jurisdiction; (5) shall, when on duty, wear a uniform, distinct in color from that worn by the police officers of the municipality; (6) shall, when
on duty, wear in plain view a shield, distinct in shape from that worn by the police officers
of the municipality which shall bear the words "special police"; (7) shall complete a
forty-hour basic training program provided by the municipality within one hundred
eighty days of June 27, 1983; (8) shall take an oath of office.
(1971, P.A. 424; P.A. 83-346, S. 1, 2.)
History: P.A. 83-346 added Subsec. (b).
Cited. 216 C. 112, 116.
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(1949 Rev., S. 930, 952; 1949, 1953, S. 441d; 1957, P.A. 667, S. 1; September, 1957, P.A. 24, S. 2; 1967, P.A. 522,
S. 8; 556, S. 1; 800; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 82-130, S. 1; P.A.
84-143, S. 1; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 acts gave public works commissioner power to define family income to provide basis for eligibility
determination, prohibited refusal to rent if occupant is child born out of wedlock and substituted commissioner of community affairs for public works commissioner; P.A. 77-614 substituted department of economic development for commissioner
of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner of economic development for
department of economic development; P.A. 79-598 substituted commissioner of housing for commissioner of economic
development; P.A. 82-130 provided for the issuance of a receipt and the maintenance of a list of applicants; P.A. 84-143
required the commissioner of housing to provide, by regulation, for the manner of creation, maintenance and revision of
waiting lists; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and
Department of Economic and Community Development.
See Sec. 8-45a re criteria and consideration of applicant's or proposed occupant's history of criminal activity.
See Sec. 8-72 re rentals and tenant eligibility in moderate income housing.
Duties of commissioners. 164 C. 247. Cited. 213 C. 354, 362.
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(1969, P.A. 133; P.A. 95-247, S. 7; P.A. 99-157, S. 4.)
History: P.A. 95-247 replaced prior provisions that had prohibited a housing authority from refusing to rent a dwelling
accommodation to an otherwise qualified applicant on the ground that any of the proposed occupants has a criminal record
with provisions that authorize a housing authority to establish criteria and consider relevant information concerning an
applicant's or any proposed occupant's history of criminal activity, that specify types of criminal activity that may be
considered, that require the housing authority to give consideration to the time, nature and extent of the applicant's or
proposed occupant's conduct and to factors which might indicate a reasonable probability of favorable future conduct and
that specify examples of such factors; P.A. 99-157 designated existing provisions re criminal activity as Subdiv. (1),
redesignating Subdivs. (1), (2) and (3), re types of crimes, as Subparas. (A), (B) and (C), respectively, and added new
Subdiv. (2) re alcohol abuse and new Subdiv. (3) re lifetime registration as a sexual offender.
Cited. 213 C. 354, 362.
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(1949 Rev., S. 930, 952; 1949, 1953, S. 441d; 1957, P.A. 667, S. 1; September, 1957, P.A. 24, S. 2; P.A. 99-245, S. 2.)
History: P.A. 99-245 expanded prohibition against false statements from those concerning family income to any eligibility requirements.
See Sec. 8-72 re penalty for false statement with respect to moderate income rentals.
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(1957, P.A. 399, S. 2; 1967, P.A. 522, S. 8; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10;
P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act substituted commissioner of community affairs for public works commissioner; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979; P.A. 78-
303 substituted commissioner of economic development for department of economic development; P.A. 79-598 substituted
commissioner of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
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(September, 1957, P.A. 24, S. 3; 1959, P.A. 41; 615, S. 27; P.A. 77-614, S. 587, 608, 610; P.A. 78-303, S. 85, 136;
P.A. 93-262, S. 1, 87.)
History: 1959 acts provided costs and expenses be as set forth in operating statements of authority for preceding fiscal
year rather than as set forth in annual budgets of the authority and deleted a termination date of June 30, 1959, for section;
P.A. 77-614 and P.A. 78-303 allowed substitution of department of income maintenance for welfare department, effective
January 1, 1979; P.A. 93-262 authorized substitution of social services department for income maintenance department,
effective July 1, 1993.
Cited. 213 C. 354, 362.
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(1949 Rev., S. 931, 964; 1967, P.A. 522, S. 8; P.A. 77-614, S. 284, 610; P.A. 78-144, S. 1−3, 78-303, S. 81, 136; P.A.
79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: 1967 act substituted commissioner of community affairs for public works commissioner; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979; P.A. 78-303
substituted commissioner of economic development for department of economic development and P.A. 78-144 authorized
commissioner to act on behalf of authority upon authorization by authority to do so; P.A. 79-598 substituted commissioner
of housing for commissioner of economic development; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development.
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