AN ACT CONCERNING NEIGHBORHOOD PROTECTION Connecticut SB 951

http://www.cga.ct.gov/2009/BA/2009SB-00951-R01-BA.htm
SUMMARY:
This bill creates a registration system for tracking the owners of uninhabited one- to four-family dwellings obtained by strict foreclosure or foreclosure by sale (“registrants”). It specifically allows municipalities to enforce against a registrant any provision of the statutes or municipal ordinance on the repair or maintenance of real estate after the municipality has provided notice and an opportunity to remedy the situation.
The bill prohibits municipalities from imposing registration requirements outside of the bill unless they were in effect before the bill's effective date. It also prohibits municipalities from adopting an ordinance or regulation on the property maintenance activities of a person who obtained title by foreclosure. However, any such ordinances or regulations adopted before the bill's effective date remain in effect and municipalities can enact or enforce ordinances or regulations that apply generally to all property owners. The bill also provides that these provisions do not prohibit or limit a municipality from adopting or enforcing an ordinance or regulation adopted under statutes relating to (1) the prevention of housing blight, (2) the maintenance of safe and sanitary housing, or (3) the abatement of nuisances.
*Senate Amendment “A” makes a number of changes, including:
1. eliminating new property maintenance standard, penalties, and enforcement procedures, and instead referring to existing laws on property repair and maintenance;
2. allowing notices under these existing laws to be delivered to registrants in accordance with the bill;
3. closes a gap with regard to the registration requirement by including properties that become vacant after an eviction (rather than just though an ejectment action) and limits it to those that become vacant within 120 days of title vesting;
4. specifying the information that must be included with MERS registrations; and
5. specifies that registrations must include information about property maintenance companies only if the registrant hired one.
EFFECTIVE DATE: October 1, 2009
REGISTRATION
The properties must be registered with the town clerk of the municipality in which they are located or with the Mortgage Electronic Registration Systems (MERS) (see BACKGROUND). The deadline for doing this depends on when the property becomes vacant. If the property is vacant on the day title vests, then it must be registered within 10 days of that date. If the property becomes vacant due to an execution of ejectment or eviction within 120 days after title vests, then it must be registered within 10 days after the property becomes vacant.
If the registration is with the municipality, the registrant must pay a $ 100 fee and provide (1) the registrant's name, address, telephone number, and electronic mail address (“contact information”) and, if the registrant is a corporation or an individual who resides out-of-state, the contact information for a direct contact; and (2) if there is one, the contact information for the local property maintenance company responsible for the security and maintenance of the vacant residential property. The registrant must indicate whether it prefers to be contacted by first class or electronic mail and the preferred addresses for such communications and must report any changes in the registration information within 10 days following the date of the change. Those registering with MERS must provide contact information for either the registrant or the property maintenance company, if there is one.
VIOLATIONS AND DUE PROCESS
If the registrant violates any provision of the general statutes or municipal ordinance on the repair or maintenance of real estate, the municipality can issue a notice to the person citing the violating conditions. The notice must be sent by first class or electronic mail, or both, and must be sent to the address or addresses identified on the registration. A copy of the notice must be sent by first class or electronic mail to the identified local property maintenance company, if there is one. The notice must also meet the same standards as notices to remedy a health, housing, or safety code violation (i. e. , notice must be sent to the lienholder).
The notice must provide a date by which the registrant can remedy the conditions in question. The date must be reasonable under the circumstances. If the registrant or property maintenance company fails to do so, the municipality can enforce its rights under the relevant statute or ordinance.
The bill allows municipalities to use the bill's notice procedure when enforcing property maintenance and repair ordinances and statutes against registrants.
BACKGROUND
Mortgage Electronic Registration Systems
According to its website, MERS is an online system, created by the real estate finance industry, that “simplifies the way mortgage ownership and servicing rights are originated, sold and tracked. ”