Sec. 8-44. Powers of authority. (a) 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: (1) 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; (2) 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; (3) 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; (4) 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 or 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; (5) 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; (6) 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; (7) 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 (8) 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.
(b) As used in this subsection, "housing project construction work" means the construction, reconstruction, improvement, alteration or repair of a housing project or any
part of a housing project; and "simplified acquisition threshold" has the same meaning
as "simplified acquisition threshold", as defined in 41 USC 403(11). All contracts to
be made or let by an authority for housing project construction work, supplies, or 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 housing project construction work,
supplies or personal property shall, together, involve an expenditure that exceeds the
simplified acquisition threshold. 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 shall not
be required for housing project construction work, supplies or personal property previously bid and contracted for by the Department of Administrative Services, the federal
General Services Administration, the United States Department of Housing and Urban
Development, or a municipality. An expenditure for housing project construction work,
supplies or personal property which is less than or equal to the simplified acquisition
threshold and any expenditure for legal or other professional services shall be made in
accordance with the competitive proposals requirements of 24 CFR 85.36. 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.
(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; P.A. 02-79, S. 2; P.A. 03-278, S. 20.)
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; P.A. 02-79 divided existing
provisions into Subsecs. (a) and (b), amended Subsec. (a) by redesignating existing Subdivs. (a) to (h) as Subdivs. (1) to
(8), and amended Subsec. (b) by adding definitions of "housing project construction work" and "simplified acquisition
threshold", revising provisions for consistency with said definitions, substituting bidding exemption for bidding waiver
procedure, and requiring certain expenditures to be made in accordance with competitive proposals requirements of 24
CFR 85.36, effective July 1, 2002; P.A. 03-278 made a technical change in Subsec. (a)(4), effective July 9, 2003.
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.
Subdiv. (4) (Former Subdiv. (d):
Nothing in statute creates a cause of action against housing authority or right of appeal should housing authority fail
to comply with the hearing requirement. 265 C. 280.
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.
(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.
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.
(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.
Sec. 8-45. Rental rates 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.
(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.
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.
(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.
Sec. 8-45b. Waiver of regulations. If a housing authority sold a housing property
containing thirty-two rental units to a private developer between October 1, 2003, and
November 30, 2003, the housing authority may apply to the Commissioner of Economic
and Community Development for a waiver of the requirements of the regulations
adopted pursuant to section 8-45 to allow for the use of state-financed housing as a
relocation resource for families or persons otherwise eligible for residency in such state-financed housing except for the waiting list. Any waiver granted by the commissioner
shall remain in effect until all eligible displaced tenants seeking such housing have been
accommodated.
(May Sp. Sess. P.A. 04-2, S. 96.)
History: May Sp. Sess. P.A. 04-2 effective May 12, 2004.
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.
(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.
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.
(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.
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.
(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.
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. 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.
Sec. 8-50. Eminent domain. An authority shall have the right to acquire by the
exercise of the power of eminent domain any real property which it deems necessary
for its purposes under this chapter after the adoption by it of a resolution declaring that
the acquisition of such real property described therein is necessary for such purposes.
An authority, in its own name and at its own expense and cost, may prefer a petition
and exercise the power of eminent domain in the manner provided in section 48-12 and
acts supplementary thereto. Property already devoted to a public use may be acquired,
provided no real property belonging to the municipality, the state or any political subdivision thereof may be acquired without its consent.
(1949 Rev., S. 932.)
Only real property may be acquired under this section. Not proper to add damages for loss of business. 139 C. 73. Cited.
145 C. 196.
Sec. 8-51. Zoning and building laws. Each housing project of an authority shall
be subject to the planning, zoning, sanitary and building laws, ordinances and regulations
applicable to the locality in which such project is situated.
(1949 Rev., S. 933.)
Cited. 213 C. 354, 362. Cited. 216 C. 112, 116.
Sec. 8-52. Bonds. An authority shall have the power to issue bonds, from time to
time, in its discretion, for any of its corporate purposes. An authority may issue such
types of bonds as it determines, including, without limiting the generality of the foregoing, bonds on which the principal and interest are payable (a) exclusively from the
income and revenues of the housing project financed with the proceeds of such bonds;
(b) exclusively from the income and revenues of certain designated housing projects,
whether or not they are financed in whole or in part with the proceeds of such bonds;
or (c) from its revenues generally. Any such bonds may be additionally secured by a
pledge of any grant or contributions from the federal government or other source, or a
pledge of any income or revenues of the authority, or a mortgage of any housing project,
projects or other property of the authority. Neither the commissioners of an authority
nor any person executing the bonds shall be liable personally on the bonds by reason
of the issuance thereof. The bonds and other obligations of an authority shall not be
obligations of the municipality or of the state or any political subdivision thereof and
such bonds shall so state on their face, and neither the municipality nor the state or any
political subdivision thereof shall be liable thereon nor, in any event, shall such bonds
or obligations be payable out of any funds or properties other than those of such authority.
The bonds shall not constitute an indebtedness within the meaning of any debt limitation
or restriction. Bonds of an authority shall be authorized by its resolution and may be
issued in one or more series and shall bear such date or dates, mature at such time or
times, bear interest at such rate or rates, be in such denomination or denominations, be
in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be sold and executed in such manner, be payable in
such medium of payment and at such place or places and be subject to such terms of
redemption, with or without premium, as such resolution, its trust indenture or its mortgage may provide. If any commissioner or officer of the authority whose signature
appears on any bonds or coupons ceases to be such commissioner or officer before the
delivery of such bonds, such signature shall, nevertheless, be valid and sufficient for
all purposes, the same as if he had remained in office until such delivery. Any provision
of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter
shall be fully negotiable. In any suit, action or proceedings involving the validity or
enforceability of the provisions of any bonds of an authority or the security therefor,
any such bond reciting in substance that it has been issued by the authority to aid in
financing a housing project to provide dwelling accommodations for persons of low
income shall be conclusively deemed to have been issued for a housing project of such
character and such project shall be conclusively deemed to have been planned, located
and constructed in accordance with the purposes and provisions of this chapter.
(1949 Rev., S. 934; 1969, P.A. 424, S. 7; P.A. 83-339, S. 4, 9.)
History: 1969 act deleted six per cent per year maximum for interest on bonds; P.A. 83-339 removed provisions
concerning conditions for the sale of bonds at par value or less than par value.
Cited. 208 C. 161, 188.
Cited. 11 CS 465.
Sec. 8-53. Provisions of bonds, trust indentures and mortgages. In connection
with the issuance of bonds or the incurring of obligations under leases and in order to
secure the payment of such bonds or obligations, an authority, in addition to its other
powers, shall have power: (a) To pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into existence; (b) to
mortgage all or any part of its real or personal property, then owned or thereafter acquired; (c) to covenant against pledging all or any part of its rents, fees and revenues,
or against mortgaging all or any part of its real or personal property, to which its right
or title then exists or may thereafter come into existence, or against permitting any
lien to remain or stand against such revenues or property; to covenant with respect to
limitations on its right to sell, lease or otherwise dispose of any housing project or any
part thereof and to covenant as to the additional debts or obligations which may be
incurred by it; (d) to covenant as to the bonds to be issued and as to the issuance of such
bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof;
to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against
extending the time for the payment of its bonds or interest thereon; to redeem the bonds
and to covenant for their redemption and to provide the terms and conditions thereof;
(e) to covenant, subject to the limitations contained in this chapter, as to the rents and
fees to be charged in the operations of a housing project or projects and as to the amount
to be raised each year or other period of time by rents, fees and other revenues and the
use and disposition to be made thereof; to create or to authorize the creation of special
funds for moneys held for construction or operating costs, contingencies, debt service,
reserves or other purposes and to covenant as to the use and disposition of the moneys
held in such funds; (f) to prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of bonds the holders of which shall consent thereto and the manner in which such consent may be given;
(g) to covenant as to the use of any or all of its real or personal property; to warrant its title
and to covenant as to the maintenance of its real and personal property, the replacement
thereof, the insurance to be carried thereon and the use and disposition of insurance
moneys; (h) to covenant as to the rights, liabilities, powers and duties arising upon the
breach by it of any covenant, condition or obligation; and to covenant and prescribe the
procedure in the event of default and the terms and conditions upon which any or all of
its bonds or obligations shall become or may be declared due before maturity, and as
to the terms and conditions upon which such declaration and its consequences may be
waived; (i) to vest in a trustee or trustees or the holders of bonds or any proportion of
them the right to enforce the payment of the bonds or any covenants securing or relating
to the bonds; to vest in a trustee or trustees the right, in the event of a default by such
authority, to take possession of and use, operate and manage any housing project or part
thereof, and to collect the rents and revenues arising therefrom and to dispose of such
moneys in accordance with the agreement of the authority with such trustee; to provide
for the powers and duties of a trustee or trustees and to limit liabilities thereof and to
provide the terms and conditions upon which the trustee or trustees or the holders of
bonds or any proportion of them may enforce any covenant or rights securing or relating
to the bonds; and (j) to exercise all or any part or combination of the powers herein
granted; to make covenants, in addition to the covenants herein expressly authorized,
of like or different character; to make such covenants and to do any and all such acts
as may be necessary or desirable in order to secure its bonds or, in the absolute discretion
of such authority, as will tend to make the bonds more marketable notwithstanding that
such covenants or acts may not be enumerated herein. The validity of a pledge made
by an authority pursuant to subdivision (a) of this section shall not be affected by the
deposit of the funds pledged in a savings account in the name of the authority pursuant
to the pledge agreement, and section 36a-291 shall not be applicable to such pledge.
(1949 Rev., S. 935; 1963, P.A. 650, S. 1.)
History: 1963 act provided that validity of pledge not affected by deposit of funds pledged in savings account and that
Sec. 36-113 not applicable to pledge.
Sec. 8-54. Remedies of an obligee of authority. An obligee of an authority shall
have the right, in addition to all other rights conferred on such obligee, subject only
to any contractual restrictions binding upon such obligee: (a) By mandamus or other
proceeding in the Superior Court, to compel such authority and the commissioners,
officers, agents or employees thereof to perform each and every term, provision and
covenant contained in any contract of such authority with or for the benefit of such
obligee and to require the carrying out of any or all such covenants and agreements of
such authority and the fulfillment of all duties imposed upon such authority by this
chapter and (b), by suit or other proceeding in the Superior Court, to enjoin the performance of any acts which may be unlawful or in violation of any of the rights of such
obligee of such authority.
(1949 Rev., S. 936.)
Sec. 8-55. Additional remedies conferrable by authority. An authority shall
have power, by its resolution, trust indenture, mortgage, lease or other contract, to confer
upon any trustee or any obligee holding or representing a specified amount in bonds,
or holding a lease, the right, in addition to all rights otherwise conferred, upon the
happening of an event of default as defined in such resolution or instrument, by suit or
other proceeding in the Superior Court: (a) To cause possession of any housing project
or any part thereof to be surrendered to any such obligee; (b) to obtain the appointment
of a receiver of any housing project of such authority or any part thereof and of the rents
and profits therefrom, and, if such receiver is appointed, he may enter and take possession
of such housing project or any part thereof and operate and maintain the same, and
collect and receive all fees, rents, revenues or other charges thereafter arising therefrom
and keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of such authority as the court directs; and (c) to require such
authority and the commissioners thereof to account as if it and they were trustees of an
express trust.
(1949 Rev., S. 937.)
Sec. 8-56. Aid from federal and state governments. In addition to the powers
conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow money or accept grants or other financial assistance from the state or
federal government for or in aid of any housing project within its area of operation and
to take over or lease or manage any housing project or undertaking constructed or owned
by the federal government, and to comply with such conditions and enter into such
mortgages, trust indentures, leases or agreements as may be necessary or desirable therefor. It is the purpose and intent of this chapter to authorize every authority to do any
and all things necessary or desirable to secure the financial aid or cooperation of the
federal government in the undertaking, construction, maintenance or operation of any
housing project by such authority.
(1949 Rev., S. 938; P.A. 84-493, S. 2, 9.)
History: P.A. 84-493 provided for state financial assistance.
Cited. 213 C. 354, 362.
Cited. 11 CS 465.