House Bill No. 5732
House Bill No. 5732
PUBLIC ACT NO. 98-107
AN ACT CONCERNING LANDLORD AND TENANT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 53a-117e of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A tenant is guilty of criminal damage of a
landlord's property in the first degree when,
[with intent to cause damage to tangible property
of the landlord of the premises and] having no
reasonable ground to believe that he has a right
to do so, he INTENTIONALLY damages [such] THE
TANGIBLE property OF THE LANDLORD OF THE PREMISES
in an amount exceeding one thousand five hundred
dollars.
(b) For the purposes of this section,
"tenant", "landlord" and "premises" shall have the
meanings set forth in section 47a-1.
(c) Nothing in this section shall preclude
prosecution of a person under any other provision
of the general statutes.
(d) Criminal damage of a landlord's property
in the first degree is a class D felony.
Sec. 2. Section 53a-117f of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A tenant is guilty of criminal damage of a
landlord's property in the second degree when,
[with intent to cause damage to tangible property
of the landlord of the premises and] having no
reasonable ground to believe that he has a right
to do so, he INTENTIONALLY damages [such] THE
TANGIBLE property OF THE LANDLORD OF THE PREMISES
in an amount exceeding two hundred fifty dollars,
OR RECKLESSLY DAMAGES THE TANGIBLE PROPERTY OF THE
LANDLORD OF THE PREMISES IN AN AMOUNT EXCEEDING
FIFTEEN HUNDRED DOLLARS.
(b) For the purposes of this section,
"tenant", "landlord" and "premises" shall have the
meanings set forth in section 47a-1.
(c) Nothing in this section shall preclude
prosecution of a person under any other provision
of the general statutes.
(d) Criminal damage of a landlord's property
in the second degree is a class A misdemeanor.
Sec. 3. (NEW) (a) A tenant is guilty of
criminal damage of a landlord's property in the
third degree when, having no reasonable ground to
believe that he has a right to do so, he
recklessly damages the tangible property of the
landlord of the premises in an amount exceeding
two hundred fifty dollars.
(b) For the purposes of this section,
"tenant", "landlord" and "premises" shall have the
meanings set forth in section 47a-1 of the general
statutes.
(c) Nothing in this section shall preclude
prosecution of a person under any other provision
of the general statutes.
(d) Criminal damage of a landlord's property
in the third degree is a class B misdemeanor.
Sec. 4. Section 47a-5 of the general statutes,
as amended by section 4 of public act 97-231, is
repealed and the following is substituted in lieu
thereof:
In any borough, city or town which requires a
certificate of occupancy prior to human habitation
of any building located therein, if any building
is occupied in whole or in part without such
occupancy permit, the owner or lessor of the
premises shall be liable for a civil penalty of
not more than twenty dollars per day, PER
APARTMENT OR DWELLING UNIT, FOR NOT MORE THAN TWO
HUNDRED DAYS for such period of unlawful
occupation.
Sec. 5. Section 47a-57 of the general
statutes, as amended by section 5 of public act
97-231, is repealed and the following is
substituted in lieu thereof:
(a) An apartment or dwelling unit in any
structure containing three or more housing units
in any municipality which adopts the provisions of
this section by vote of its legislative body shall
not be occupied for human habitation, after a
vacancy, until a certificate of occupancy has been
issued by the person designated by the legislative
body of such municipality to administer the
provisions of this section, certifying that such
apartment or dwelling unit conforms to the
requirements of the applicable housing ordinances
of such municipality and this chapter. No
provision of this section shall apply to any
structure occupied by the owner thereof and
containing three or less housing units. No
provision of this section shall be construed to
prohibit human occupancy of such apartment or
dwelling unit during the pendency of an
application for such certificate.
(b) Any person aggrieved by the refusal of a
certificate of occupancy may appeal to the
superior court for the judicial district within
which the structure is located. Such appeal shall
be privileged.
(c) Any owner or lessor who recovers rent for
the occupation of any apartment or dwelling unit
for which a certificate of occupancy has not been
obtained prior to the rental thereof in violation
of subsection (a) of this section shall be liable
for a civil penalty of not more than twenty
dollars per day FOR NOT MORE THAN TWO HUNDRED DAYS
for such period of unlawful occupation.
(d) The provisions of this section shall not
apply to any structure which has been constructed
or substantially reconstructed within the ten-year
period immediately before the date such
certificate of occupancy would otherwise be
required under this section.
Sec. 6. This act shall take effect July 1,
1998.
Approved May 22, 1998