Bill Text: CT SB01212 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Concerning Protections For Renters After The Foreclosure Of A Building In Which They Are Living.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-05-03 - File Number 734 [SB01212 Detail]
Download: Connecticut-2011-SB01212-Comm_Sub.html
General Assembly |
||
January Session, 2011 |
*_____SB01212JUD___041511____* |
AN ACT CONCERNING PROTECTIONS FOR RENTERS AFTER THE FORECLOSURE OF A BUILDING IN WHICH THEY ARE LIVING.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) For purposes of this section:
(1) "Bona fide tenant" means a tenant who (A) is not the mortgagor or owner of the property, and (B) entered into the rental agreement in an arms-length transaction;
(2) "Premises", "rental agreement" and "tenant" have the same meanings as provided in section 47a-1 of the general statutes;
(3) "Bona fide buyer" means a purchaser who (A) is not a parent or subsidiary organization of, or otherwise affiliated with, a foreclosing party in whom absolute title has vested, and (B) entered into an agreement for the sale of the foreclosed property in an arms-length transaction for a price that is not substantially less than fair market value; and
(4) "Single-family house" means a residential building that contains only one dwelling unit.
(b) In addition to the provisions of section 47a-20e of the general statutes, whenever a mortgage or lien of residential real property other than a single-family house has been foreclosed and there is a bona fide tenant in possession on the date absolute title vests in the mortgagee, lienholder or successor in interest, no execution of ejectment may be applied for by, or issued to, the foreclosing party and no summary process action pursuant to chapter 832 of the general statutes or other action to dispossess such tenant may be commenced by the foreclosing party except (1) for a reason set forth in subsection (b) of section 47a-23c of the general statutes, or (2) on the ground that the foreclosing party has entered into an agreement to sell the premises in which the bona fide buyer has required that the building be vacant as a condition of the sale. Any dispute concerning the amount of rent to be paid by the tenant during such period of occupancy may be resolved in accordance with subsection (c) of section 47a-23c of the general statutes.
(c) Any summary process action or other action authorized pursuant to subdivision (2) of subsection (b) of this section shall not be commenced until (1) in the case of a written rental agreement entered into more than sixty days before the commencement of the foreclosure action, the expiration date contained in such rental agreement or sixty days after the date absolute title vests in the mortgagee, lienholder or successor in interest, whichever occurs first, or (2) in the case of a rental agreement other than one described in subdivision (1) of this subsection, thirty days after the date absolute title vests in the mortgagee, lienholder or successor in interest.
(d) Nothing in this section, section 47a-20e of the general statutes or Sections 701 to 704, inclusive, of the federal Protecting Tenants at Foreclosure Act, P.L. 111-22, as amended from time to time, shall limit or supersede the right of any tenant under section 47a-23c of the general statutes or any other law to remain in occupancy without regard to foreclosure. Nothing in this section precludes a foreclosing party from negotiating an incentive agreement with a tenant pursuant to section 47a-20f of the general statutes, provided the foreclosing party clearly informs the tenant that pursuant to this section he or she cannot be evicted without cause.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
New section |
Statement of Legislative Commissioners:
In section 1(b)(2), "a contract" was changed to "an agreement" for consistency with the terminology used in the definition of "bona fide buyer".
JUD |
Joint Favorable Subst. |