§ 47a-75 — Right to counsel in eviction proceedings.

(a) As used in this section: (1) “Covered individual” means any party to a covered matter who is an income-eligible tenant, lessee or occupant, for residential purposes, of any land or building, any apartment in any building, any dwelling unit, any trailer or mobile manufactured home or any land upon which a trailer or mobile manufactured home is used or stands; (2) “Covered matter” means any notice to quit delivered to, or any summary process action instituted against, a covered individual pursuant to chapter 832 or chapter 412 or any administrative proceeding against a covered individual necessary to preserve a state or federal housing subsidy or to prevent a proposed termination of the lease; (3) “Designated organization” means any not-for-profit legal services organization that provides legal representation in a covered matter to a covered individual; (4) “Administering entity” means the organization contracted by or party to a memorandum of agreement with the Judicial Branch to administer the right to counsel program in accordance with subsection (b) of this section; (5) “Legal representation” means representation in a covered matter provided by a designated organization to a covered individual, and all legal advice, advocacy and assistance associated with such representation, subject to and in accordance with the Rules of Professional Conduct; (6) “Income-eligible” means (A) having household income at or below eighty per cent of the state median income adjusted for family size, as determined by the United States Department of Housing and Urban Development, at the time of the request for representation; or (B) receiving one of the following types of public assistance: (i) Temporary Assistance for Needy Families, (ii) Supplemental Nutrition Assistance Program benefits, (iii) Medicaid, (iv) Supplemental Security Income, (v) refugee resettlement benefits, (vi) rental assistance under chapter 138a of the general statutes, or (vii) the federal Housing Choice Voucher Program, 42 USC 1437f(o); (7) “Tenant”, “landlord”, “owner” and “dwelling unit” have the same meanings as provided in section 47a-1 ; (8) “Notice to quit” means any notice to quit possession or occupancy delivered pursuant to chapter 832 or chapter 412 to a lessee or occupant; (9) “Lessee or occupant” means any tenant, lessee or occupant, for residential purposes, of any land or building, apartment in any building, dwelling unit, trailer or mobile manufactured home, or land upon which a trailer or mobile manufactured home is used or stands; and (10) “Right to counsel program” means the state-wide right to counsel program to provide legal representation to a covered individual in a covered matter established under this section. (b) There is established a right to counsel program for the purpose of providing any covered individual with legal representation at no cost in a covered matter initiated on or after July 1, 2021. The Judicial Branch shall, using available federal funds, contract with or enter a memorandum of agreement with an administering entity to administer the right to counsel program. The administering entity, within the funding available to it for the right to counsel program, shall fund the provision of legal representation by designated organizations under this section. A designated organization may subcontract with a nonprofit or community organization to provide legal representation to a covered individual, and to provide tenant outreach and education. A designated organization shall, at a minimum: (1) Have substantial expertise in housing law and landlord tenant law and substantial experience furnishing free legal assistance to eligible individuals; (2) have a demonstrated history of serving the low-income community; (3) identify the geographic area in which such organization provides legal representation; (4) have a plan to reach and provide legal representation to income-eligible persons with limited English proficiency; and (5) provide appropriate supervision and training. (c) The administering entity may receive funds or services from the state or federal government, corporations, associations or individuals to fund: (1) The provision of legal representation to covered individuals in covered matters; (2) the administration of the right to counsel program for the administering entity and designated organizations; and (3) tenant outreach and education. (d) If the Judicial Branch receives state or federal funds pursuant to this section for the purpose of appointing additional housing mediators under section 47a-69 , the Judicial Branch shall appoint such additional housing mediators to facilitate the resolution of summary process actions. (e) (1) There is established a working group to advise on matters and policies affecting the right to counsel program, to effectuate the right to counsel. The working group shall consist of the following members: (A) Two appointed by the speaker of the House of Representatives; (B) Two appointed by the president pro tempore of the Senate; (C) One appointed by the majority leader of the House of Representatives; (D) One appointed by the majority leader of the Senate; (E) One appointed by the minority leader of the House of Representatives; (F) One appointed by the minority leader of the Senate; (G) The Commissioner of Housing, or the commissioner's designee; (H) A representative of the administering entity; and (I) A representative of the Judicial Branch. (2) All initial appointments to the working group shall be made not later than thirty days after July 1, 2021. Members shall serve for a term of four years and may be reappointed or continue to serve until such member's successor is appointed. Any vacancy shall be filled by the appointing authority. (3) The Commissioner of Housing, or the commissioner's designee, shall serve as chairperson of the working group. Such chairperson shall schedule the first meeting of the working group, which shall be held not later than sixty days after the effective date of this section. The chairperson shall convene the working group on a regular basis, but not less than three times per year. (4) The Department of Housing shall provide administrative support to the working group. (f) (1) The Judicial Branch, in consultation with the administering entity, working group and designated organizations, shall approve a one-page plain-language notice to inform a tenant of the rights under the right to counsel program. Not later than October 1, 2021, such notice shall be made available on the Judicial Branch's Internet web site and available to the public. Such notice shall include a phone number for accessing information and applying for assistance. (2) On and after October 1, 2021, an owner, lessor, landlord, legal representative or agent of an owner, lessor or landlord, a housing authority or a housing subsidy program administrator, as applicable, shall attach a copy of the notice described under subdivision (1) of this subsection, to (A) a notice to quit delivered to a covered individual pursuant to chapter 832 or chapter 412; (B) a summons and complaint for a summary process action pursuant to chapter 832 or chapter 412; (C) a lease termination notice for a public or subsidized housing unit; and (D) a notice to terminate a state or federal housing subsidy. (3) Any court notice scheduling a mediation or hearing that is sent to a self-represented party in a covered matter shall include plain language information about the availability of legal representation through the right to counsel program and a phone number for accessing information and applying for assistance. (g) The administering entity, in consultation with the working group and designated organizations, shall determine how to phase in the right to counsel program based on all relevant factors, including, but not limited to: (1) The prioritization of certain groups of individuals by income, zip codes, census tracts or other priority criteria developed in consultation with the designated organizations and the working group; (2) the availability of program funding; (3) the number of trained legal services attorneys available to provide legal representation; and (4) the scope of the need for legal representation. (h) Nothing in this section shall be construed to establish any right enforceable by a covered individual against a designated organization or the administering entity. (i) Not later than January 1, 2023, and annually thereafter, the administering entity shall submit a report, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to housing and the Judicial Department. Such report shall include the following information: (1) The number of covered individuals provided legal representation pursuant to this section; (2) the extent of legal representation provided; (3) any outcomes achieved, such as the rates of tenant representation, tenant retention of housing or other appropriate outcome measures; and (4) the engagement and education of tenants.

Legislative History

(P.A. 21-34, S. 1.) History: P.A. 21-34 effective July 1, 2021.