OLR Bill Analysis
AN ACT CONCERNING DISCLOSURE OF HISTORIC DISTRICT DESIGNATIONS AND LEASED ITEMS TO PROSPECTIVE PURCHASERS OF RESIDENTIAL PROPERTY.
This bill requires the consumer protection commissioner to adopt regulations, by April 1, 2010, amending the written residential condition report used in residential real estate transactions. The amended report must require that the seller disclosure (1) leased items on the premises, including propane tanks, water heaters, major appliances, and alarm systems and (2) whether the real property is located in a designated historic zone.
Under the bill, relevant historic designations include (1) a municipally designated village district, (2) a municipally designated historic district, or (3) property on the National Register of Historic Places. If the property is designated, the report must include a statement that information about village or historic districts may be obtained from the municipality's village or historic district commission.
EFFECTIVE DATE: Upon passage
BACKGROUND
Written Residential Condition Report
State law requires a real estate seller to give prospective purchasers a residential condition report before the binder or contract is executed in any residential real estate transaction (i. e. , sale, exchange, or lease with option to buy). The report discloses information about the property and environmental matters, such as lead and radon (CGS § 20-327b).
Village and Historic Districts
Municipal zoning commissions may establish and specifically identify in the municipal plan of conservation and development village districts located in areas of distinctive character, landscape, or historic value (CGS § 8-2j).
A municipality may also establish historic districts to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places associated with the history of or indicative of a period or style of architecture of the municipality, state, or nation. Such districts may be created by a vote of the municipal legislative body and in conformance with Connecticut Commission on Culture and Tourism standards and criteria (CGS § 7-147a).
Related Bill
HB 5400 (File 63), requires the residential condition report to include a statement listing all leased appliances and items on the premises, including propane tanks and security system hardware.
Legislative History
On March 31, the House referred the bill (File 100) to the General Law Committee, which reported a substitute (1) requiring disclosure of leased items on the property, (2) amending the form of the disclosure of historic properties, and (3) amended the relevant designations in the original bill to include municipally designated village or historic districts and properties on the National Register of Historic Places.
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable Substitute
Yea |
19 |
Nay |
0 |
(03/03/2009) |
General Law Committee
Joint Favorable Substitute
Yea |
16 |
Nay |
0 |
(04/06/2009) |