Connecticut General Statutes/Title 19a/Chapter 368v/Section 19a-507b

CGS § 19a-507b. (Formerly Sec. 19a-80b). Establishment of community residence. Limitations. Petitions.

(a) No community residence, as defined in section 19a-507a, except a community residence that houses eight or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services that has been issued a license by the Department of Public Health under the provisions of section 19a-491 shall be established within one thousand feet of any other community residence. If more than one community residence is proposed to be established in any municipality, the total capacity of all community residences in the municipality in which such residence is proposed to be established shall not exceed one-tenth of one per cent of the population of such municipality.

(b) Any resident of a municipality in which a community residence is or will be located may, through the chief executive officer of the municipality, or the legislative body of such municipality may, petition the Commissioner of Public Health to deny an application for a license to operate a community residence on the grounds that the operation of such a community residence would be in violation of the limits established under subsection (a) of this section.

(c) An applicant for a license to operate a community residence shall mail a copy of the application made to the Department of Public Health to the governing body of the municipality in which the community residence is to be located, by certified mail, return receipt requested. All applications shall specify the number of community residences in the municipality, the address of each such residence and the number of residents in each and the address of the proposed community residence, and shall include population and occupancy statistics reflecting compliance with the limits established pursuant to subsection (a) of this section.

(d) The Commissioner of Public Health shall not issue a license for a community residence until the applicant has submitted proof that the mailing required by subsection (c) of this section has been made and until at least thirty days have elapsed since the receipt of such mailing by all required recipients.

Short History

(P.A. 84-341, S. 3, 8; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 36, 88; P.A. 22-69, S. 12; P.A. 23-137, S. 68; 23-204, S. 172.)

Long History

History: Sec. 19a-80b transferred to Sec. 19a-507b in 1987; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 deleted reference in Subsec. (c) to regional mental health directors, effective July 1, 1997; P.A. 22-69 amended Subsec. (c) by deleting provision requiring applicant to mail copy of application to regional mental health board, effective May 24, 2022; P.A. 23-137 amended Subsec. (a) to exempt any community residence housing 8 or fewer persons with intellectual disability, children with mental or physical disabilities and persons receiving mental health or addiction services from the prohibition of establishing such residence within 1,000 feet of another such residence; P.A. 23-204 amended Subsec. (a) by deleting Subdiv. (1) designator, inserting reference to section 19a-507a definition, deleting Subdiv. (1)(A) re residences for persons with intellectual disability and deleting Subdiv. (2) re child-care residential facilities, effective June 12, 2023.

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