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The town finds that the identification and knowledge of the whereabouts of nonresident landlords of residential rental housing property located within the town is in the best interest of the community and will promote the public health, welfare, and safety of the residents of the town. Accordingly, by enacting this chapter, the town seeks to better protect, preserve, and promote the health, safety, welfare, and quality of life of its residents by requiring nonresident landlords of residential rental housing property located within the town to comply with this chapter.
(Ord. 744, passed 6-18-24)
The definitions found in Conn. Gen. Stat. § 47a-6a(a), as amended from time to time, shall apply to the terms of this chapter and are set forth below. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ADDRESS.” A location as described by the full street number, unit number if any, the street name, the city or town, and the state, and not a mailing address such as a post office box.
“AGENT IN CHARGE” or “AGENT.” An individual who manages real property, including, but not limited to, the collection of rents and supervision and or maintenance of such property, including for the purposes of compliance with state and local codes.
“CONTROLLING PARTICIPANT.” An individual or entity that exercises day-to-day financial or operational control.
“DWELLING UNIT.” Any house or building, or portion thereof, that is rented, leased, or hired out to be occupied; or is arranged or designed to be occupied, or is occupied, as the home or residence of one or more persons, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways, or yards.
“IDENTIFYING INFORMATION.” Current and accurate proof of an individual's name, residential address, or other information required to show suc h proof of identification as may be required by the Town Planner.
“NONRESIDENT LANDLORD.” A nonresident owner, or project-based housing provider, as defined in this chapter, of occupied or vacant residential rental housing property in the town.
“NONRESIDENT OWNER.” A person who does not live at occupied or vacant residential rental housing property, dwelling unit or their associated premises, in the town and is either:
(1) An “OWNER” (i.e., one or more people with legal title to the property or beneficial ownership and a right to present use and enjoyment of the premises, including mortgagees in possession); or
(2) A controlling participant of the entity that owns the property.
“PROJECT-BASED HOUSING PROVIDER.” A property owner who contracts with the United States Department of Housing and Urban Development to provide housing to tenants under the federal Housing Choice Voucher Program, 42 USC 1437f(o).
“PROPERTY MANAGER.” An individual or company that is hired to oversee the day-to-day operations of a rental property.
“RESIDENTIAL RENTAL HOUSING PROPERTY.” Vacant or occupied dwelling unit(s) in the town.
“TOWN PLANNER.” The Town Planner or their designee.
(Ord. 744, passed 6-18-24)
(A) Any nonresident landlords of occupied or vacant residential rental housing property shall be required to file, and to maintain on file, with the Town Planner, or their designee, a registration report.
(B) Nonresident owners or project-based housing providers of residential rental housing property with multiple dwelling units, buildings, or properties, will register each individual dwelling unit. Nonresident landlords will only register one time, but shall be responsible for updating any contact or other information changes related to the owner, building, property, or unit. All contact information, for both the nonresident landlord, agent in charge, controlling participant, individual who exercises day-to-day financial or operational control of such entity, property manager, and who tenants should call for day-to-day operations and maintenance issues, shall be posted at each dwelling in a conspicuous place.
(C) Residential rental housing property is registered with the town when the nonresident landlord of the residential rental housing property completes and submits a registration report, on a form made available by the town, signed under penalty of perjury, to the Town Planner or their designee. The registration must contain the following information:
(1) The current residential address, phone number, and email address (if any) of the nonresident owner or project-based housing provider of such residential rental housing property, if the nonresident owner or project-based housing provider is an individual;
(2) If the nonresident owner or project-based housing provider is a business entity that owns residential rental housing property in the state (corporation, partnership, trust, or other legal entity):
(a) The current residential address, phone number and email address, (if any) of:
(i) The agent in charge of the building; and
(ii) Each person who exercises day-to-day financial or operational control of the residential rental housing property; and
(b) Identifying information of the controlling participants;
(3) A description of the residential rental housing property, including, but not limited to, the street address, unit number, and assessor's parcel number;
(4) The number and address or other description of all dwelling units on the property;
(5) The name and current contact information of the property manager, if any;
(6) Name, address, telephone number, and email address (if any) of the person or entity that a tenant is to contact to request that repairs be made to their rental housing unit, and the contact’s business relationship to the nonresident landlord or agent in charge;
(7) The date, location, and type of housing, building, fire, health, and blight violation(s) and or citation(s) issued for any dwelling unit or residential rental housing property within the past three years; and
(8) Any other information reasonably required by the Town Planner to carry out this chapter.
(D) If such nonresident landlord, controlling participant, agent in charge or an individual who exercises day-to-day financial or operational control of such entity's residential address, phone number or email address changes, notice of the new information shall be provided by such nonresident landlord or agent in charge to the office of the Town Planner, or their designee, not more than 21 days after the date that the address (or other information) change occurred.
(E) The registration requirement established by this chapter shall go into effect January 1, 2025. There shall be a fee of $50, plus $25 for each unit registered. After the initial registration, the nonresident landlord shall be required to register any changes in ownership within 21 days of such change.
(F) Nonresident landlords or agents that fail to register will be in violation of this chapter and assessed a civil penalty as set forth in § 128.07. Nonresident landlords or agents that fail to file any changes in ownership or other required information, shall be in violation of this chapter and assessed a civil penalty as set forth in § 128.07.
(G) If the nonresident landlord or agent in charge fails to file or maintain on file an address as required by this chapter, the address to which the town mails property tax bills for the residential rental housing property shall be deemed to be the nonresident landlord or agent in charge's current address. Such an address may be used for compliance with the provisions of division (H) below.
(H) Proof of service of state or municipal orders relating to maintenance of any such residential rental housing property or dwelling unit, or compliance with state law and local codes concerning such residential rental housing property, directed to the nonresident landlord or agent at the address on file with the town planner, or deemed to be the current address of the nonresident landlord or agent in charge pursuant to division (G) above, shall be sufficient proof of service of notice of such orders in any subsequent criminal or civil action against the nonresident owner, project-based housing provider or agent for failure to comply with the orders. The provisions of this section shall not be construed to limit the validity of any other means of giving notice of such orders that may be used by the state or such municipality.
(I) A nonresident landlord that fails to comply with this chapter shall be deemed to have violated the provisions of Conn. Gen. Stat. § 47a-6a and committed a violation. It is against the public policy of the town for nonresident landlords to fail to register residential rental housing property, and a violation of this division shall constitute an unfair practice within the meaning of Conn. Gen. Stat. § 42-110b.
(J) Nonresident landlords shall not pass registrations fees, fines, penalties, or assessments related to the requirements of this chapter onto tenants through rental increases or other fees.
(Ord. 744, passed 6-18-24)
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