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statutes  is  repealed   and   the   following  is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statutes  is  repealed   and   the   following  is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