Sec. 8-270. Additional payment for persons displaced from dwelling. Landlord's responsibility in certain cases. In addition to amounts otherwise authorized by
this chapter, a state agency shall make a payment to or for any displaced person displaced
from any dwelling not eligible to receive a payment under section 8-269 which dwelling
was actually and lawfully occupied by such displaced person for not less than ninety
days prior to the initiation of negotiations for acquisition of such dwelling under the
program or project which results in such person being displaced. Such payment shall
be either (1) the amount necessary to enable such displaced person to lease or rent for
a period not to exceed four years, a decent, safe, and sanitary dwelling of standards
adequate to accommodate such person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, and reasonably accessible to his
place of employment, but not to exceed four thousand dollars, or (2) the amount necessary to enable such person to make a downpayment, including reasonable expenses
incurred by such displaced person for evidence of title, recording fees, and other closing
costs incident to the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to
public utilities and public and commercial facilities, but not to exceed four thousand
dollars, except that if such amount exceeds two thousand dollars, such person must
equally match any such amount in excess of two thousand dollars in making the downpayment, and provided, whenever any tenant in any dwelling unit is displaced as the
result of the enforcement of any code to which this section is applicable by any town,
city or borough or agency thereof, the landlord of such dwelling unit shall be liable for
any payments made by such town, city or borough pursuant to this section or by the
state pursuant to subsection (b) of section 8-280, and the town, city or borough or the
state may place a lien on any real property owned by such landlord to secure repayment
to the town, city or borough or the state of such payments, which lien shall have the
same priority as and shall be filed, enforced and discharged in the same manner as a
lien for municipal taxes under chapter 205.
(1971, P.A. 838, S. 5; P.A. 79-518, S. 3, 6; P.A. 80-483, S. 29, 186; P.A. 82-399, S. 2; P.A. 86-307, S. 9, 12.)
History: P.A. 79-518 specified that ninety-day occupation period pertains to time prior to initiation of negotiations for
acquisition "under the program or project which results in such person being displaced"; P.A. 80-483 made technical
changes; P.A. 82-399 provided for the liability of the landlord in certain code enforcement cases; P.A. 86-307 made landlord
liable for any payments made "by the state pursuant to subsection (b) of section 8-280" and allowed state to place lien on
real property owned by landlord to secure repayment.
Cited. 192 C. 207, 216, 221, 224, 226.
Cited. 13 CA 205, 207.
Sec. 8-270a. Actions against landlords by towns, cities and boroughs and the
state. If any landlord fails to reimburse any town, city or borough for any payments
which the town, city or borough has made to any displaced tenant and for which the
landlord is liable pursuant to section 8-268 or 8-270, such town, city or borough or the
state pursuant to subsection (b) of section 8-280 may bring a civil action against such
landlord in the superior court for the judicial district in which the town, city or borough
is located or for the judicial district in which such landlord resides for the recovery of
such payments, and for the costs, together with reasonable attorney's fees, of the town,
city or borough or the state in bringing such action. In any such action, it shall be an
affirmative defense for the landlord that the displacement was not the result of the landlord's violation of section 47a-7.
(P.A. 82-399, S. 3; P.A. 86-307, S. 10, 12.)
History: P.A. 86-307 allowed state, "pursuant to subsection (b) of section 8-280", to bring civil action against landlord.
Cited. 192 C. 207, 216, 221.
Sec. 8-271. Relocation assistance advisory program. (a) Whenever a program
or project undertaken by a state agency or under the supervision of a state agency will
result in the displacement of any person on or after July 6, 1971, such agency shall
provide a relocation assistance advisory program for displaced persons which shall offer
the services described herein. If the state agency determines that any person occupying
property immediately adjacent to any real property acquired is caused substantial economic injury because of such acquisition, it may offer such person relocation advisory
services under such program.
(b) Each relocation advisory assistance program required by subsection (a) shall
include such measures, facilities, or services as may be necessary or appropriate in order
(1) to determine the needs, if any, of displaced persons for relocation assistance; (2) to
provide current and continuing information on the availability, prices and rentals, of
comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses; (3) to assure that, within a
reasonable period of time, prior to displacement there will be available in areas not
generally less desirable in regard to public utilities and public and commercial facilities
and at rents or prices within the financial means of the families and individuals displaced,
decent, safe and sanitary dwellings, as defined by the Commissioner of Transportation
for transportation projects and by the Commissioner of Economic and Community Development for all other state agency programs and projects, equal in number to the
number of and available to such displaced persons who require such dwellings and
reasonably accessible to their places of employment, except that the Commissioner
of Transportation for transportation projects and the Commissioner of Economic and
Community Development for all other state agency programs and projects may prescribe
by regulation situations when such assurances may be waived; (4) to assist a displaced
person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) to supply information concerning federal
and state housing programs, disaster loan programs and other federal and state programs
offering assistance to displaced persons; (6) to provide other advisory assistance services
to displaced persons in order to minimize hardship to such persons in adjusting to relocation.
(c) The heads of state agencies shall coordinate relocation activities with project
work, and other planned or proposed governmental actions in the community or nearby
areas which may affect the carrying out of the relocation assistance programs.
(1971, P.A. 838, S. 6; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-518, S. 4, 6; 79-598, S. 3, 4, 10; P.A.
95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 79-518 amended Subsec. (a) by adding
reference to programs or projects supervised by state agency and deleting reference to "acquisition of real property for"
such programs or projects; 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.
Cited. 192 C. 207, 225. Cited. 233 C. 296, 298.
Cited. 43 CS 457, 460, 462.
Subsec. (a):
Cited. 192 C. 207, 218, 224.
Subsec. (b):
Cited. 192 C. 207, 224.
Sec. 8-272. Necessity of provision of housing. (a) If a project or program cannot
proceed to actual construction because comparable replacement sale or rental housing
is not available, and the Commissioner of Transportation for transportation projects or
the Commissioner of Economic and Community Development for any other state agency
program or project determines that such housing cannot otherwise be made available
after consultation with the chief executive officer of the municipality within which such
project or program occurs, he may take such action as is necessary or appropriate to
provide such housing by use of funds authorized for such project or program, the provisions of any other state statute to the contrary notwithstanding.
(b) No person shall be required to move from his dwelling on or after July 6, 1971,
on account of any state agency project or program unless the Commissioner of Transportation for transportation projects or the Commissioner of Economic and Community
Development for any other state agency program or project is satisfied that replacement
housing, in accordance with subdivision (3) of subsection (b) of section 8-271 is available to such person.
(1971, P.A. 838, S. 7; P.A. 75-141, S. 1, 2; 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: P.A. 75-141 added requirement for consultation with chief executive officer of municipality; P.A. 77-614
substituted department of economic development for commissioner of community affairs, effective January 1, 1979; P.A.
78-303 substituted commissioner for department; 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.
Subsec. (a):
Cited. 192 C. 207, 213, 220.
Sec. 8-273. Establishment of regulations and procedures. (a) In order to promote uniform and effective administration of relocation assistance and land acquisition
of state agencies, the Commissioner of Transportation and Commissioner of Economic
and Community Development shall consult together on the establishment of regulations
and procedures for the implementation of such projects and programs.
(b) The Commissioner of Transportation is authorized to establish for transportation
projects and the Commissioner of Economic and Community Development for all other
state agency programs and projects such regulations and procedures as each may determine to be necessary to assure (1) that the payments and assistance authorized by this
chapter shall be administered in a manner which is fair and reasonable, and as uniform
as practicable; (2) that a displaced person who makes proper application for a payment
authorized for such person by this chapter shall be paid promptly after a move or, in
hardship cases, be paid in advance; and (3) that any person aggrieved by a determination
as to eligibility for a payment authorized by this chapter, or the amount of a payment, may
have his application reviewed by the Commissioner of Transportation for transportation
projects and by the Commissioner of Economic and Community Development for any
other state agency program or project.
(c) The Commissioner of Transportation is authorized to establish for transportation
projects and the Commissioner of Economic and Community Development for all other
state agency programs and projects such other regulations and procedures, consistent
with the provisions of this chapter, as each deems necessary or appropriate to carry out
this chapter.
(1971, P.A. 838, 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: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; 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.
Cited. 5 CA 219, 228. Cited. 32 CA 636, 641.
Cited. 43 CS 457, 462.
Subsec. (b):
Cited. 5 CA 219, 226. Subdiv. (3) cited. 32 CA 636, 641.
Sec. 8-273a. Relocation assistance by the Department of Transportation. Notwithstanding any other provisions of the general statutes to the contrary, whenever the
Commissioner of Transportation undertakes the acquisition of real property on a state
or federally-funded project which results in any person being displaced from his home,
business, or farm, the Commissioner of Transportation is hereby authorized to provide
relocation assistance and to make relocation payments to such displaced persons and
to do such other acts and follow procedures and practices as may be necessary to comply
with or to provide the same relocation assistance and relocation payments as provided
under the federal Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 USC 4601 et seq. and any subsequent amendments thereto and regulations promulgated thereunder.
(P.A. 91-78.)
Cited. 43 CS 457, 462.
Sec. 8-274. Contracts and agreements for services. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons authorized under
this chapter, the Commissioner of Transportation may, for transportation projects, and
the Commissioner of Economic and Community Development may, for all other state
agency programs or projects, enter into contracts or agreements with any individual,
firm, association, or corporation for services in connection with such projects or programs, or may carry out its functions under this chapter through any federal, state or
local governmental agency or instrumentality having an established organization for
conducting relocation assistance programs. A state agency shall, in carrying out the
relocation assistance activities described in section 8-272, whenever practicable, utilize
the services of state or local housing agencies, or other agencies having experience in
the administration or conduct of similar housing assistance activities.
(1971, P.A. 838, S. 9; P.A. 77-614, S. 284, 587, 610; P.A. 78-303, S. 81, 85, 136; P.A. 79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; 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; (Revisor's note: In 1997 a
reference to "Transportation Commissioner" was changed editorially by the Revisors to "Commissioner of Transportation"
for consistency with customary statutory usage).
Sec. 8-275. Availability of funds. Funds appropriated or otherwise available to
any state agency for a particular program or project, or for the acquisition of real property
or any interest therein for a particular program or project, shall be available also for
obligation and expenditure to carry out the provisions of this chapter as applied to that
program or project.
(1971, P.A. 838, S. 10.)
Sec. 8-276. Cost of payments and services included in project costs. If a state
agency acquires real property, and state financial assistance is available to pay the cost,
in whole or part, of the acquisition of such real property, or of the improvement for
which such property is acquired, the cost to the state agency of providing the payments
and services prescribed by this chapter shall be included as part of the costs of the project
for which state financial assistance is available to such municipality and shall be eligible
for state financial assistance in the same manner and to the same extent as other project costs.
(1971, P.A. 838, S. 11.)
Sec. 8-277. Payments to displaced persons not considered income or resources. No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of
eligibility of any person for assistance under any state law or for the purposes of the
state's personal income tax law, corporation tax, or other tax laws. Such payments shall
not be considered as income or resources of any recipient of public assistance and such
payments shall not be deducted from the amount of aid to which the recipient would
otherwise be entitled.
(1971, P.A. 838, S. 12.)
Sec. 8-278. Appeals to commissioners. Any person or business concern aggrieved
by any agency action, concerning their eligibility for relocation payments authorized
by this chapter may appeal such determination to the Commissioner of Transportation
in the case of relocation made necessary by a transportation project or to the Commissioner of Economic and Community Development in the case of relocation made necessary by any other state agency program or project. The Commissioner of Transportation
and the Commissioner of Economic and Community Development shall have the power
to certify official documents and to issue subpoenas to compel the attendance of witnesses or the production of books, papers, correspondence, memoranda or other records
deemed necessary as evidence in connection with an appeal pursuant to this section. If
any person to whom such subpoena is issued fails to appear, or having appeared refuses
to give testimony or fails to produce the evidence required, the Superior Court, upon
application of the Attorney General representing the appropriate commissioner, shall
have jurisdiction to order such person to appear or to give testimony or produce the
evidence required, as the case may be. The Commissioner of Transportation, or a hearing
officer duly appointed by said commissioner, or the Commissioner of Economic and
Community Development, or a hearing officer duly appointed by said commissioner,
shall have the power to administer oaths and affirmations in connection with an appeal
pursuant to this section.
(1971, P.A. 838, S. 13; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; 78-363, S. 1-3; P.A. 79-598, S. 3, 4, 10;
P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 99-200.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 78-363 added provisions concerning powers
of commissioners and superior court in appeal procedure; 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; P.A. 99-200 added "their" to "Any person or
business concern aggrieved by any agency action, concerning their eligibility for relocation payments ..." and made technical
changes.
Cited. 192 C. 207, 223. Cited. 204 C. 551, 560.
Cited. 19 CA 360, 361, 363-365, 367. Cited. 32 CA 636, 640.
Cited. 34 CS 199, 200. Cited. 43 CS 457, 462.
Sec. 8-279. Application of chapter. (a) Nothing in this chapter shall be construed
as creating in any condemnation proceedings, brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to July
6, 1971.
(b) No payment provided for any item or items under the provisions of this chapter
shall be made by the state agency if reimbursement for such item or items has been
made in a condemnation proceeding.
(c) Nothing in this chapter, shall be construed to limit, restrict or derogate from any
power, right or authority of a state agency or any commissioner thereof, contained in
any other statute, to proceed with any programs, projects or activities within such state
agency's or commissioner's power to accomplish under such statutes.
(d) If Congress enacts legislation permitting, or giving the states the option, to make
payments for relocation assistance of a lesser amount than is provided for in this chapter,
or in Public Law 91-646, or as amended at a later date, the state agency shall make the
payments in such lesser amount, notwithstanding the provisions of this chapter.
(e) All state agencies charged with preparing relocation plans or carrying out such
plans pursuant to the provisions of this chapter shall file such plans with the Commissioner of Economic and Community Development who shall maintain a file of such
plans which may be inspected at reasonable times by any person, owner or lessee of
any affected business or farm, or governmental agency.
(f) This chapter shall apply to any displacement of a person occurring within the
state of Connecticut as a result of a state agency program or project, notwithstanding
the source of funding for such program or project.
(1971, P.A. 838, S. 14; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-518, S. 5, 6; 79-598, S. 3, 4, 10;
P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 79-518 added Subsec. (f) re application of
chapter; 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.
Cited. 192 C. 207, 217.
Sec. 8-280. State grants-in-aid. Conditions. (a) The state, acting by and in the
discretion of the Commissioner of Economic and Community Development, may enter
into a contract or agreement with a state agency to provide state financial assistance to
such state agency in the form of a grant-in-aid equal to two-thirds of the net cost of
carrying out a program of relocation assistance pursuant to a relocation plan as provided
under section 8-281 and approved by the commissioner. Such grant-in-aid shall: (1)
Provide actual administration costs not to exceed one hundred dollars for each dwelling
unit and two hundred fifty dollars for each farm or business relocated in accordance
with the provisions of this chapter; (2) provide advance grants for relocation assistance
paid pursuant to the provisions of said section to persons, families, businesses and farm
operations and nonprofit organizations not otherwise entitled to relocation assistance
from any program of any other state agency or any program of the federal government
and who have not been reimbursed for moving costs in a condemnation proceeding; (3)
include the cost of the preparation of the relocation plan.
(b) The Commissioner of Economic and Community Development shall not provide a grant-in-aid pursuant to subsection (a) of this section to any town, city or borough
for the cost of carrying out a program of relocation assistance for persons displaced as
the direct result of code enforcement activities undertaken by a town, city or borough,
unless such town, city or borough (1) places, pursuant to section 8-270, a lien on all real
property in such town, city or borough, which is owned by the landlord of the persons
who are displaced by such code enforcement activities, and (2) assigns to the state the
claim of the town, city or borough against such landlord for the costs of carrying out
such program of relocation assistance. The Attorney General shall be responsible for
collecting such claim and may carry out such responsibility by (A) enforcing any such
lien assigned to the state by the town, city or borough, (B) placing and enforcing a lien
on any other real property owned by the landlord in the state or (C) instituting civil
proceedings in the Superior Court against such landlord. Two-thirds of all funds collected by the Attorney General from a landlord pursuant to this subsection shall be
deposited in the General Fund and the remaining one-third of such funds shall be remitted
to the town, city or borough which brought code enforcement activities against such
landlord.
(1971, P.A. 838, S. 15; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 86-307, S. 7,
12; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective
January 1, 1979; P.A. 78-303 substituted commissioner for department; P.A. 79-598 substituted commissioner of housing
for commissioner of economic development; P.A. 86-307 designated existing section as Subsec. (a) and added new Subsec.
(b) re conditions for grants-in-aid pursuant to Subsec. (a); 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. 8-281. Approval of relocation plan required for receipt of state grant-in-aid. To be eligible to receive financial assistance under section 8-280, a state agency
shall cause to be prepared and file with the Department of Economic and Community
Development for the approval of the commissioner a relocation plan based upon a plan
or program of governmental action within the area of operation of the state agency
which will cause the displacement of persons, families, businesses, farm operations and
nonprofit organizations. Such relocation plan shall conform to the provisions of this
chapter and shall include but not be limited to the following: (a) The number of persons,
families, businesses and farms to be displaced by the proposed governmental action;
(b) a statement concerning availability of sufficient, suitable accommodations as shall
meet the requirements for occupancy of those persons, families, businesses and farms
displaced and the dates when such accommodations will be available; (c) a plan for
carrying out the relocation of such displaced persons, families, businesses and farms;
(d) a description and identification of the area to be affected.
(1971, P.A. 838, S. 16; P.A. 77-614, S. 284, 610; P.A. 79-598, S. 3, 4, 10; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 77-614 substituted department of economic development for department of community affairs, effective
January 1, 1979; P.A. 79-598 substituted department of housing for department 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. 8-282. Reimbursement for fees, penalty costs, taxes. In addition to amounts
otherwise authorized by sections 8-266 to 8-281, inclusive, the state agency, as defined
in section 8-267, shall reimburse the owner of real property acquired for a project for
reasonable and necessary expenses incurred for (1) recording fees, transfer taxes and
similar expenses incidental to conveying such real property; (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering
such property; and (3) the pro rata portion of real property taxes paid which are allocable
to a period subsequent to the date of vesting title in the state, or the effective date of
possession of such real property by the state agency, whichever is earlier.
(1972, P.A. 131, S. 1.)