General Assembly |
Raised Bill No. 5437 | ||
January Session, 2011 |
LCO No. 789 | ||
*_____HB05437INS___021511____* | |||
Referred to Committee on Insurance and Real Estate |
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Introduced by: |
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(INS) |
AN ACT CONCERNING SECURITY DEPOSITS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (d) of section 47a-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(d) (1) Within the time specified in subdivisions (2) and (4) of this subsection, the person who is the landlord at the time a tenancy is terminated, other than a rent receiver, shall pay to the tenant or former tenant: (A) The amount of any security deposit that was deposited by the tenant with the person who was landlord at the time such security deposit was deposited less the value of any damages which any person who was a landlord of such premises at any time during the tenancy of such tenant has suffered as a result of such tenant's failure to comply with such tenant's obligations; and (B) any accrued interest due on such security deposit as required by subsection (i) of this section. If the landlord at the time of termination of a tenancy is a rent receiver, such rent receiver shall return security deposits in accordance with the provisions of subdivision (3) of this subsection.
(2) Upon termination of a tenancy, any tenant may notify his landlord in writing or by electronic mail of such tenant's forwarding address. [Within] Not later than thirty days after termination of a tenancy, each landlord other than a rent receiver shall deliver to the tenant or former tenant at such forwarding address either (A) the full amount of the security deposit paid by such tenant plus accrued interest as provided in subsection (i) of this section, or (B) the balance of the security deposit paid by such tenant plus accrued interest as provided in subsection (i) of this section after deduction for any damages suffered by such landlord by reason of such tenant's failure to comply with such tenant's obligations, together with a written statement itemizing the nature and amount of such damages. Any such landlord who violates any provision of this subsection shall be liable for twice the amount or value of any security deposit paid by such tenant, except that, if the violation is the failure to deliver the accrued interest, such landlord shall only be liable for twice the amount of such accrued interest.
(3) (A) Any receiver who is authorized by the court appointing [him] such receiver to return security deposits and to inspect the premises of any tenant shall pay security deposits and interest in accordance with the provisions of subdivisions (1) and (2) of this subsection from the operating income of such receivership to the extent that any such payments exceed the amount in any escrow accounts for such tenants. (B) Any rent receiver shall present any claim by any tenant for return of a security deposit to the court which authorized him to be a rent receiver. Such court shall determine the validity of any such claim and shall direct such rent receiver to pay from the escrow account or from the operating income of such property the amount due such tenant as determined by such court.
(4) Any landlord who does not have written notice or notice by electronic mail of his tenant's or former tenant's forwarding address shall deliver any written statement and security deposit due to the tenant, as required by subdivision (2) of this subsection, [within] not later than the time required by subdivision (2) of this subsection or [within] not later than fifteen days after receiving written notice or notice by electronic mail of such tenant's forwarding address, whichever is later.
Sec. 2. Subdivision (1) of subsection (i) of section 47a-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(i) (1) On and after July 1, 1993, each landlord other than a landlord of a residential unit in any building owned or controlled by any educational institution and used by such institution for the purpose of housing students of such institution and their families, and each landlord or owner of a mobile manufactured home or of a mobile manufactured home space or lot or park, as such terms are defined in subdivisions (1), (2) and (3) of section 21-64, shall pay interest on each security deposit received by him at a rate of not less than the average rate paid, as of December 30, 1992, on savings deposits by insured commercial banks as published in the Federal Reserve Board Bulletin rounded to the nearest one-tenth of one percentage point. [, except in no event shall the rate be less than one and one-half per cent.] On and after January 1, 1994, the rate for each calendar year shall be not less than the deposit index, as defined in subdivision (2) of this subsection, for that year. [, except in no event shall the rate be less than one and one-half per cent.] On the anniversary date of the tenancy and annually thereafter, such interest shall be paid to the tenant or resident or credited toward the next rental payment due from the tenant or resident, as the landlord or owner shall determine. If the tenancy is terminated before the anniversary date of such tenancy, or if the landlord or owner returns all or part of a security deposit prior to termination of the tenancy, the landlord or owner shall pay the accrued interest to the tenant or resident [within] not later than thirty days [of] after such termination or return. In any case where a tenant or resident has been delinquent for more than ten days in the payment of any monthly rent, [he] such resident or tenant shall forfeit any interest [which] that would otherwise be payable to [him] such resident or tenant for that month, except that there shall be no such forfeiture if, pursuant to a provision of the rental agreement, a late charge is imposed for failure to pay such rent within the time period provided by section 47a-15a. No landlord or owner shall increase the rent due on any quarters or property subject to the provisions of this section because of the requirement that interest be paid on any security deposit made with respect to such quarters or property.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
47a-21(d) |
Sec. 2 |
October 1, 2011 |
47a-21(i)(1) |
INS |
Joint Favorable |