Connecticut General Statutes/Title 8/Chapter 138a/Section 8-345

CGS § 8-345. (Formerly Sec. 17b-812). Rental assistance for low-income families living in privately-owned rental housing. Regulations. Hearing.

(a) As used in this section, “housing” or “housing unit” means any house or building, or portion thereof, that is occupied, designed to be occupied, or rented, leased or hired out to be occupied, exclusively as a home or residence of one or more persons. The Commissioner of Housing shall implement and administer a program of rental assistance for low-income families living in privately-owned rental housing. For the purposes of this section, a low-income family is one whose income does not exceed fifty per cent of the median family income for the area of the state in which such family lives, as determined by the commissioner.

(b) Housing eligible for participation in the program shall comply with applicable state and local health, housing, building and safety codes.

(c) In addition to an element in which rental assistance certificates are made available to qualified tenants, to be used in eligible housing which such tenants are able to locate, the program may include a housing support element in which rental assistance for tenants is linked to participation by the property owner in other municipal, state or federal housing repair, rehabilitation or financing programs. The commissioner shall use rental assistance under this section so as to encourage the preservation of existing housing and the revitalization of neighborhoods or the creation of additional rental housing.

(d) The commissioner may designate a portion of the rental assistance available under the program for tenant-based and project-based supportive housing units. To the extent practicable rental assistance for supportive housing shall adhere to the requirements of the federal Housing Choice Voucher Program, 42 USC 1437f(o), relative to calculating the tenant's share of the rent to be paid.

(e) The commissioner shall administer the program under this section to promote housing choice for certificate holders and encourage racial and economic integration. The commissioner shall affirmatively seek to expend all funds appropriated for the program on an annual basis without regard to population limitation established in prior years. The commissioner shall establish maximum rent levels for each municipality in a manner that promotes the use of the program in all municipalities, provided, if the fair market rent established for a housing unit under the federal Housing Choice Voucher Program, 42 USC 1437f(o), is greater than such maximum allowable rent established for such housing unit, such fair market rent shall apply for such housing unit. Any certificate issued pursuant to this section may be used for housing in any municipality in the state. The commissioner shall inform certificate holders that a certificate may be used in any municipality and, to the extent practicable, the commissioner shall assist certificate holders in finding housing in the municipality of their choice.

(f) Nothing in this section shall give any person a right to continued receipt of rental assistance at any time that the program is not funded.

(g) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section. The regulations shall establish maximum income eligibility guidelines for such rental assistance and criteria for determining the amount of rental assistance which shall be provided to eligible families.

(h) Any person aggrieved by a decision of the commissioner or the commissioner's agent pursuant to the program under this section shall have the right to a hearing in accordance with the provisions of section 8-37gg.

Short History

(P.A. 85-452, S. 1, 3; P.A. 86-384, S. 1, 2; P.A. 87-517, S. 1, 2; P.A. 91-362, S. 5; P.A. 93-262, S. 8, 87; P.A. 96-268, S. 16, 17, 34; June 18 Sp. Sess. P.A. 97-2, S. 116, 165; P.A. 05-280, S. 34; P.A. 06-7, S. 1; P.A. 09-118, S. 1; P.A. 13-234, S. 2; P.A. 15-29, S. 3; P.A. 23-207, S. 21; P.A. 24-143, S. 13.)

Long History

History: P.A. 86-384 extended program for one year, allowed commissioner to conduct program in more than three towns and replaced term “rent subsidies” with “rental assistance”; P.A. 87-517 amended Subsec. (a) by deleting reference to three-year pilot program, adding provisions making program applicable to elderly persons residing in state-assisted rental housing for the elderly and changing income percentage from 50% to 60%, amended Subsec. (b) by deleting provisions re towns in which pilot program is conducted, amended Subsec. (c) by deleting reference to pilot program, amended Subsec. (d) by deleting reference to pilot period, amended Subsec. (e) by adding provisions requiring regulations establishing maximum income eligibility guidelines and criteria for determining amount of assistance, and amended Subsec. (f) by deleting reference to pilot program; P.A. 91-362 inserted new Subsec. (d) to require the commissioner to administer the program to promote housing choice and encourage racial and economic integration and added new Subsec. (h) to require the commissioner to submit to the legislative committee on housing a report on the program, relettering previously existing Subsecs. as necessary; P.A. 93-262 replaced commissioner of housing with commissioner of social services and deleted Subsecs. (g) and (h) re reports to general assembly, effective July 1, 1993; Sec. 8-345 transferred to Sec. 17b-812 in 1995; P.A. 96-268 amended Subsec. (a) to change the income level threshold for a low-income family from 60% to 50% of the median family income for the area of the state in which such family lives and amended Subsec. (f) to provide that “effective November 1, 1995, the amount of assistance for elderly persons who are certificate holders shall be the difference between thirty per cent of their adjusted gross income, less a utility allowance and the base rent”, effective July 1, 1996; June 18 Sp. Sess. P.A. 97-2 eliminated references to elderly persons in the program of rental assistance, effective July 1, 1997; P.A. 05-280 added new Subsec. (d) re designating a portion of available rental assistance certificates for supportive housing units and requiring that rental assistance certificates issued for such purpose adhere to requirements of federal Housing Choice Voucher program and redesignated existing Subsecs. (d) to (f), inclusive, as new Subsecs. (e) to (g), inclusive, effective July 1, 2005; P.A. 06-7 amended Subsec. (d) by deleting references to “certificates”, effective April 21, 2006; P.A. 09-118 added Subsec. (h) re right to a hearing; pursuant to P.A. 13-234, reference to Commissioner of Social Services was changed editorially by the Revisors to reference to Commissioner of Housing in Subsec. (a), effective June 19, 2013; Sec. 17b-812 transferred to Sec. 8-345 in 2015; P.A. 15-29 amended Subsec. (h) by replacing reference to Ch. 54 with reference to Sec. 8-37gg re right to hearing; P.A. 23-207 amended Subsec. (e) to direct the Commissioner of Housing to expend all funds appropriated to the program on an annual basis; P.A. 24-143 amended Subsec. (a) to define “housing” and “housing unit”, and amended Subsec. (e) to require Commissioner of Housing to use higher of fair market rent for housing unit established under federal Housing Choice Voucher Program or maximum allowable rent in municipality in which housing unit is located under rental assistance program.

Citations

Cited. 214 C. 256. Section does not limit participants' rights to remain enrolled and receive future benefits so long as rental program is funded; legislature did not authorize retroactive agency action of terminating housing assistance benefits for registered sex offender who was properly admitted into program. 322 C. 191.

NextCGS § 8-345a. (Formerly Sec. 17b-813). Emergency rental assistance for families eligible to participate in the temporary family assistance program.