PROPOSED LAW. The following is a copy of a proposed law which is to be introduced into the incoming Legislature at its session in January, 1911. AN ACT CONCERNING the unhealthy conditions of Tenement Houses in this State; to safeguard the health of residents therein, and to establish a State Board of Tenement House supervision. ARTICLE I. I. Certain words in this Act are defined for the purposes thereof, as follows: 2. A tenement house is any house or building, or portion thereof, which is rented, leased, let or hired out to be occupied, or is occupied as the home or residence of three families or more, living independently of each other, and doing their cooking upon the premises; or by more than two families upon any floor so living and cooking, but having a common right in the halls, stairways, yards, waterclosets or privies, or some of them. 3. The word "shall" is always mandatory, and not directory, and denotes that the house shall be maintained in all respects according to the mandate, as long as it continues to be a tenement house. 4. The word "board" shall be construed as if followed by the words "charged with the enforcement of this Act." 5. The word "approved" shall be construed as if followed by the words "by the Board charged with the enforcement of this Act." 6. A building not erected for use as a tenement house, if hereafter converted, or altered to such use, shall thereupon become subject to all the provisions of this Act affecting Tenement houses hereafter erected. ARTICLE 2. 7. No Wall paper or Kalsomine shall be placed upon any wall or ceiling of any tenement house, unless all old wall paper and kalsomine shall be first removed therefrom and said wall and ceiling thoroughly repaired and cleaned. 8. In every Tenement house hereafter erected or now existing, the cellar walls and ceilings shall be thoroughly whitewashed or painted a light color by the owner, and shall be so maintained; such whitewash or paint shall be renewed whenever necessary, as may be required by the board. 9. In every Tenement house now existing, or hereafter erected, the walls of all yards, courts, inner courts and shafts, unless built of a light color brick or stone, shall be thoroughly whitewashed or painted a light color by the owner, and shall be so maintained; such whitewash or paint shall be renewed whenever necessary, as may be required by the board. 10. Every person who shall violate, or assist in the violation of any provision of this Act, shall be subject to a penalty of Twenty-five dollars, if such violation be wilful, or to a penalty of Ten dollars if such violation be not wilful. II. Any person who shall interfere with the said board, or with any of its employees, in the performance of their duties. under this Act, or under the lawful regulations of the said board, and shall prevent or attempt to prevent the said board, or any of its employees from the performance of their said duties, shall be subject to a penalty of Fifty dollars. 12. The owner of any Tenement house or part thereof, the Agent for said owner, the Lessee or Tenant of any Tenement house or part thereof, where any violation of this Act, or a nuisance exists, and any person who violates, or shall assist in the violation of any provision of this Act, or any legal notice or order of the said Board, shall jointly and severally for each such violation, be subject to a penalty of Twenty-five dollars if such violation be wilful, or to a penalty of Ten dollars if such violation be not wilful. 13. Such persons shall also be liable for all costs, expenses and disbursements paid or incurred by the said Board, or by any of the officers thereof, or by any Agent, employee or contractor of the same, in the removal of any such nuisance or violation. 14. Every Town, City, or Borough Court, every Justice of the Peace, and any Police Justice or Recorder in any Town, City or Borough is hereby empowered, on Oath or Affirmation made according to law, that any person or persons has, or may have violated or assisted in the violation of any provision of this Act, to issue process at the suit of the State Board of Tenement house Supervision, either in the nature of a summons or warrant, against the person or persons so charged, which process shall, when in the nature of a warrant, be returnable forthwith, and when in the nature of a summons, shall be returnable in not less than one day, not more than ten entire days; such process shall state what paragraph of this Act and particular part or parts of said paragraph are alleged to have been violated by the defendant or defendants; and on the return of such process, or at any time to which the trial shall have been adjourned, the Court, Justice of the Peace, Police Justice or Recorder shall proceed to hear the testimony without the filing of any pleadings, and on being satisfied of the guilt of the defendant or defendants shall render judgment for the plaintiff in the sum of Twenty-five dollars, if it shall appear that the offence was wilful, but if it shall appear from the evidence that the offence was not wilful, judgment shall be rendered for the plaintiff in the sum of Ten dollars, and the said Court, Justice of the Peace, Police Justice or Recorder shall, if judgment be rendered for the plaintiff, forthwith issue execution against the goods and chattels and person of the defendant or defendants, and said Court, Justice of the Peace, Police Justice or Recorder is further empowered to cause any such defendant or defendants who may refuse or neglect to pay the amount of the judgment rendered against him, and all costs and charges incident thereto, to be committed to the county jail for a period not exceeding sixty days; and said Court, Justice of the Peace, Police Justice or Recorder is further empowered, in case any such defendant shall have been twice convicted of the violation of the same paragraph of this Act, or of continuing the same violation for which he was previously convicted, in addition to the payment of the penalty hereinbefore mentioned, to cause the defendant to be imprisoned in the County Jail with or without hard labor, for any number of days not in excess of one for each dollar of the penalty; provided, however, that no warrant shall issue against any owner or Lessee unless affidavit shall also first be made, that such Owner or Lesee is about to abscond from the State. 15. All fines, penalties and moneys imposed and collected under any provision of this Act, shall be paid by the Justice, or by the clerk or other officer of the Court receiving the same, to the Treasurer of the State of Connecticut. ARTICLE 3. 16. The Governor is herewith authorized and empowered, by and with the advice and consent of the Senate, to appoint a commission to be known as the Connecticut State Board of Tenement house Supervision, to consist of five persons who shall hold office for the term of One, Two, Three, Four and Five years, as designated in their respective appointments, and until their successors shall have been appointed and qualified, and the Governor shall annually thereafter appoint one person to fill the vacancy in the said Board, who shall hold office for Five Years and until his successor shall have been appointed and qualified. If the office of any appointed member shall for any cause become vacant before the expiration of the term for which he was appointed, the same shall be filled by the Governor for the unexpired term only. 17. The members of the said Board shall receive no compensation for their services, but shall be allowed their expenses actually incurred in and about the work of the Board; which summ the Treasurer of this State is hereby authorized to pay from any moneys in the Treasury not otherwise appropriated, upon a warrant drawn by the said Board, signed by its President and attested by its Secretary. 18. Said Board shall make monthly reports of its proceedings to the Governor, and shall have at all times a correct and full itemized record of its work, which shall be open for inspection, upon the order, duly signed, of any Town, City or Borough Court, Justice of the Peace, Police Justice or Recorder. 19. The said Board shall have power to subpoena witnesses before it, with or without papers, by a subpoena signed by the Chairman, to administer them Oaths, and to compel their attendance by attachment to be issued on the order of said Board, and served by a proper authority. |