§ 8-45 — Rental rates and tenant selection for low rental projects.

Connecticut § 8-45

• Jurisdiction: Connecticut
• Title 8: Zoning, Planning, Housing and Economic and Community Development
• Ch. 128: Department of Housing: Municipal Housing Projects

Text

(a) Each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing decent, safe and sanitary dwelling accommodations, and no housing authority shall construct or operate any such project for profit or as a source of revenue to the municipality. An authority shall fix the rentals for dwelling in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available money, revenues, income and receipts of the authority from whatever sources derived, will be sufficient (1) to pay, as the same become due, the principal and interest on the bonds of the authority; (2) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and (3) to create, during not less than six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve. (b) In the operation or management of housing projects an authority shall, at all times, rent or lease the dwelling accommodations therein at rentals within the financial reach of families of low income. The authority, subject to approval by the Commissioner of Housing, shall fix maximum income limits for the admission and for the continued occupancy of families in such housing, provided such maximum income limits and all revisions thereof for housing projects operated pursuant to any contract with any agency of the federal government shall be subject to the prior approval of such federal agency. The commissioner shall define the income of a family to provide the basis for determining eligibility for the admission and for the continued occupancy of families under the maximum income limits fixed and approved. The definition of family income by the commissioner may provide for the exclusion of all or part of the income of family members which, in the judgment of the commissioner, is not generally available to meet the cost of basic living needs of the family. (c) Any housing authority administering a tenant-based rental assistance program, such as the federal Housing Choice Voucher program, shall, not later than thirty days after setting or updating the payment standard, as defined in 24 CFR 982.4, or any similar maximum monthly assistance payment for a dwelling accommodation, post such payment standard in a prominent and publicly accessible location on its Internet web site or the Internet web site of the municipality in which such authority is located. Such posting shall include (1) a disclaimer alerting program participants that the maximum allowable payment standard may not be applied in full to the actual rental rate paid by the applicant in certain circumstances, and (2) any rules or regulations adopted by such authority regarding such rental assistance programs. (d) Not later than January 1, 2024, the Commissioner of Housing, in consultation with the housing authorities of the state, shall develop a common rental application that may be used by any such housing authority. (e) No housing authority shall refuse to rent any dwelling accommodation to an otherwise qualified applicant on the ground that one or more of the proposed occupants are children born out of wedlock. (f) Each housing authority shall provide a receipt to each applicant for admission to its housing projects stating the time and date of application and shall maintain a list of such applications, which shall be a public record, as defined in section 1-200 . The commissioner shall, by regulation, provide for the manner in which such list shall be created, maintained and revised. (g) No provision of this chapter shall be construed as limiting the right of the authority to vest in an obligee the right, in the event of a default by such authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this chapter with respect to rental rates and tenant selection. See Sec. 8-45a re criteria and consideration of applicant's or proposed occupant's history of criminal activity. See Sec. 8-72 re rentals and tenant eligibility in moderate income housing.

Legislative History

(1949 Rev., S. 930, 952; 1949, 1953, S. 441d; 1957, P.A. 667, S. 1; September, 1957, P.A. 24, S. 2; 1967, P.A. 522, S. 8; 556, S. 1; 800; P.A. 77-614, S. 284, 610; P.A. 78-303, S. 81, 136; P.A. 79-598, S. 3, 4, 10; P.A. 82-130, S. 1; P.A. 84-143, S. 1; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 13-234, S. 2; P.A. 23-207, S. 40.) History: 1967 acts gave public works commissioner power to define family income to provide basis for eligibility determination, prohibited refusal to rent if occupant is child born out of wedlock and substituted commissioner of community affairs for public works commissioner; P.A. 77-614 substituted department of economic development for commissioner of community affairs, effective January 1, 1979; P.A. 78-303 substituted commissioner of economic development for department of economic development; P.A. 79-598 substituted commissioner of housing for commissioner of economic development; P.A. 82-130 provided for the issuance of a receipt and the maintenance of a list of applicants; P.A. 84-143 required the commissioner of housing to provide, by regulation, for the manner of creation, maintenance and revision of waiting lists; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; pursuant to P.A. 13-234, references to Commissioner of Economic and Community Development were changed editorially by the Revisors to references to Commissioner of Housing, effective June 19, 2013; P.A. 23-207 designated existing provisions as Subsecs. (a),(b) and (e) to (g), added Subsec. (c) requiring housing authorities to post housing voucher payment standards on their Internet web sites, added Subsec. (d) requiring the Commissioner of Housing to create a common rental application, and made technical and conforming changes throughout. Duties of commissioners. 164 C. 247. Cited. 213 C. 354.