Sec. 21-71. Revocation, suspension or refusal to renew license for violation.
Fine. Remedies available to residents. (a) The department may revoke, suspend or
refuse to renew any license to operate a mobile manufactured home park for a violation
of any provision of this chapter or any regulations issued hereunder or any other state
or local law or regulation, after hearing, except that if the department upon investigation
finds a licensee is not providing adequate sewerage facilities, electrical, plumbing or
sanitary services, water supply or fire protection, suspension of the license shall be
automatic, provided such licensee shall be entitled to a hearing before the department
within five days after such suspension. A license may be reinstated or reissued if the
circumstances leading to the violation have been remedied and the park is being maintained and operated in full compliance with this chapter and the regulations hereunder.
Each officer, board, commission or department of the state or any local government shall
assist the department with technical data on sewerage facilities, electrical, plumbing
or sanitary services, water supply or fire protection and shall submit such data to the
department for the department's use in any hearing held pursuant to this section. In
addition to revoking, suspending or refusing to renew any license to operate a mobile
manufactured home park, the department may impose a fine of not less than fifty nor
more than three hundred dollars for each day that such violation continues. In connection
with any investigation the Commissioner of Consumer Protection or the commissioner's
authorized agent may administer oaths, issue subpoenas, compel testimony and order
the production of books, records and documents. The commissioner may issue an appropriate order to any owner found to be in violation of any provision of this chapter or
any regulation issued hereunder, providing for the immediate discontinuance of the
violation. Each owner shall retain all leases, disclosure statements, rules and regulations
required under this chapter for at least four years after any resident to whom they relate
vacates the park. If an inspection by the department reveals a violation of any provision
of this chapter or any regulation issued hereunder, the cost of all reinspections necessary
to determine compliance with any such provision shall be assumed by the owner, except
that if a first reinspection indicates compliance with such provision, no charge shall be
made.
(b) In addition to any other available remedies, the provisions of section 47a-14h
shall be available to all residents in a mobile manufactured home park including residents
who own their own units.
(1972, P.A. 186, S. 8; P.A. 74-37; P.A. 77-460; 77-614, S. 249, 610; P.A. 81-322, S. 3; June Sp. Sess. P.A. 83-3, S. 9;
P.A. 84-83, S. 4, 10; P.A. 90-242, S. 1, 5; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 74-37 provided for state and local assistance with technical data for the commission; P.A. 77-460 provided
for imposition of fine between fifty and three hundred dollars for each day of violation in addition to revocation of permit
or license; P.A. 77-614 deleted reference to Sec. 20-321 in connection with hearing, effective January 1, 1979; P.A. 81-322 added powers to suspend or refuse to renew permits or licenses; June Sp. Sess. P.A. 83-3 changed references to real
estate commission to department of consumer protection, changed "mobile home" to "mobile manufactured home", deleted
references to park permittees and specified the powers of the commissioner of consumer protection in connection with
investigations, the act also required park owners to retain records for at least four years and to pay the cost of reinspections
by the department in some instances; P.A. 84-83 changed references to Secs. 21-64 to 21-75, inclusive, to "this chapter or
any regulation issued hereunder"; P.A. 90-242 added Subsec. (b) re the availability to all residents of the remedies provided
by Sec. 47a-14h; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of
Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Cited. 178 C. 586, 590. Cited. 208 C. 620, 647.
Sec. 21-72. Appeal from department's actions. Any person aggrieved by any
action of the department may appeal therefrom in accordance with the provisions of
section 4-183.
(1972, P.A. 186, S. 9; P.A. 77-603, S. 89, 125; 77-614, S. 250, 610; June Sp. Sess. P.A. 83-3, S. 10.)
History: P.A. 77-603 substituted "section 4-183" for "section 20-322"; (P.A. 77-614 contained same amendment,
effective January 1, 1979); June Sp. Sess. P.A. 83-3 changed reference to real estate commission to department of consumer
protection.
Cited. 208 C. 620, 647.
Sec. 21-73. Collection of rents prohibited after suspension or revocation of
permit or license. Management fee. (a) Upon the suspension or revocation of a license
or the refusal to renew a license, pursuant to section 21-71, the licensee shall be prohibited from collecting any rents or other consideration until the license is reinstated or
reissued. In the event of such suspension, revocation or refusal to renew a license, the
department may apply to the Superior Court for a receivership to carry on the management of the park with the costs of the receivership assessed against the owner.
(b) Upon the automatic suspension of a license for failure to supply adequate sewerage, electrical, plumbing or sanitary services, water supply or fire protection the department may: (1) Collect such rents or other consideration and use the proceeds to provide
any necessary services or; (2) apply to the Superior Court for a receivership to carry on
the management of the park with the costs of the receivership assessed against the owner.
(c) The department shall charge the licensee a fee of ten per cent of all rental payments collected to cover the cost of collection of rents and use of proceeds.
(d) If the Commissioner of Consumer Protection finds that conditions constituting
a threat to the health or safety of residents exist within a mobile manufactured home
park, the commissioner may require the owner to post a bond in such form and amount
as the commissioner shall require, which shall run to the state for the use of the state in
the event the owner is unable to remedy such conditions.
(1972, P.A. 186, S. 10; P.A. 81-322, S. 4; P.A. 82-162, S. 2; 82-372, S. 1; June Sp. Sess. P.A. 83-3, S. 11; P.A. 84-83,
S. 5, 10; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 81-322 added reference to refusal to renew a permit or license; P.A. 82-162 added reference to reinstatement or reissuance of permits; P.A. 82-372 added Subsec. (b) requiring the real estate commission to assess a management
fee to cover cost of collecting rents and using proceeds to provide essential services in the event permit or license is
suspended; June Sp. Sess. P.A. 83-3 deleted references to park permits, changed references to commission to department
and added provisions allowing department to apply for receivership and to require posting of a bond by park owners; P.A.
84-83 provided that the department of consumer protection may apply for a receivership to manage a park when the licensee
has had his license suspended or revoked, with the cost of the receivership assessed against the licensee; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Cited. 178 C. 586, 590. Cited. 208 C. 620, 647.
Sec. 21-73a. Owner's interest subject to tax lien. The interest of each owner of
a mobile manufactured home park in such park shall be subject to any tax lien on such
park continued pursuant to the provisions of section 12-173. No such lien shall be valid
unless the tax collector of the municipality wherein such park is situated makes and
files in the office of the town clerk a certificate of lien, pursuant to the provisions of
section 12-173, giving notice of his intention to claim against such park. Such lien shall
exist from the fifteenth day succeeding the date of entry of such certificate in the land
records. Any such lien may be discharged in accordance with said section 12-173.
(P.A. 83-456, S. 3, 7; June Sp. Sess. P.A. 83-3, S. 1.)
History: June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home".
Cited. 208 C. 620, 647.
Sec. 21-73b. Reserved for future use.
Sec. 21-73c. Constructive notice of lien. Each certificate of lien filed pursuant to
the provisions of sections 12-172 and 21-73a, this section and section 21-73d shall
constitute constructive notice of the existence of the lien and the claim of the municipality
against any such interest in such park.
(P.A. 83-456, S. 5, 7; P.A. 84-83, S. 7, 10.)
History: P.A. 84-83 provided that certificate of lien filed pursuant to Sec. 21-73a, this section and Sec. 21-73d shall
constitute constructive notice of lien.
Cited. 208 C. 620, 647.
Sec. 21-73d. Order of precedence of liens. The liens filed pursuant to section 21-73a shall take precedence over any claim of right of an insured owner, mortgagee,
assignee or other interested party.
(P.A. 83-456, S. 6, 7; P.A. 84-83, S. 8, 10.)
History: P.A. 84-83 provided that liens filed pursuant to Sec. 21-73a take precedence without exception.
Cited. 208 C. 620, 647.
Sec. 21-74. Advisory committee. Section 21-74 is repealed.
(1972, P.A. 186, S. 11; June, 1972, P.A. 1, S. 4; P.A. 77-614, S. 609, 610.)
Sec. 21-75. Regulations. The Commissioner of Consumer Protection shall adopt
such regulations as are necessary to carry out the purposes of this chapter, in accordance
with the provisions of chapter 54.
(1972, P.A. 186, S. 12; June, 1972, P.A. 1, S. 4; P.A. 77-614, S. 208, 610; P.A. 78-303, S. 99, 136; P.A. 83-389, S. 4;
June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 77-614 substituted commissioner of consumer protection for "commission, with the advice of the advisory
committee", effective January 1, 1979; P.A. 78-303 substituted "section 21-75" for "section 21-76"; P.A. 83-389 amended
section to refer to regulations adopted in accordance with chapter 54; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner
of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
Cited. 208 C. 620, 647.
Sec. 21-76. Penalty. Section 21-76 is repealed.
(1972, P.A. 186, S. 16; P.A. 75-567, S. 49, 80; P.A. 77-614, S. 609, 610.)
Sec. 21-76a. Penalty. (a) Any person violating any provision of this chapter or the
regulations adopted thereunder shall be fined not more than one hundred dollars for
each offense.
(b) Nothing in this chapter shall affect the rights of any party under chapter 735a.
(P.A. 79-560, S. 10, 39; P.A. 83-389, S. 3; P.A. 84-83, S. 6, 10.)
History: P.A. 83-389 added provisions concerning unfair trade practices and receivership in Subsecs. (b) and (c); P.A.
84-83 deleted former Subsecs. (b) and (c), inserting new Subsec. (c) protecting rights of parties under chapter 735a.
Sec. 21-77. Resale price of utilities and similar commodities to tenants. Section
21-77 is repealed.
(P.A. 74-333, S. 2, 12; P.A. 77-614, S. 609, 610.)
Sec. 21-78. Restrictions by owners on suppliers of commodities and services,
reviewable by department. No owner shall restrict without good cause the number of
suppliers of other commodities or services customarily delivered by home delivery
including but not limited to milk, bakery goods, newspapers, laundry and dry cleaning
and no owner shall receive, directly or indirectly, any fee, charge, commission or remuneration from any supplier. Any resident aggrieved by such a restriction without cause
may petition the department for review of such restriction. The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter
54, if necessary to carry out the purposes of this section. Notwithstanding the provisions
of chapter 54, the decision of the commissioner shall be final with respect to the petition.
(P.A. 74-333, S. 3, 12; P.A. 77-614, S. 251, 610; June Sp. Sess. P.A. 83-3, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 146(c);
P.A. 04-189, S. 1.)
History: P.A. 77-614 substituted "commissioner of consumer protection, with advice and comments from the commission" for "commission", effective January 1, 1979; June Sp. Sess. P.A. 83-3 substituted department for commission; June
30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21-79. Owner prohibited from restricting resident's right to sell. (a) No
owner or operator of a mobile manufactured home park shall require a resident who
owns a mobile manufactured home which is safe, sanitary and in conformance with
aesthetic standards to remove the home from the development at the time such mobile
manufactured home is sold or a mortgage on such a home is foreclosed provided that the
purchaser or foreclosing mortgagee shall assume and be bound by the rental agreement of
the foreclosed mortgagor and shall be bound by the rules and regulations of the park.
(b) A mobile manufactured home shall be presumed to be safe and sanitary if it is
established that the mobile manufactured home was constructed in accordance with any
nationally recognized building or construction code or standard. Failure to meet any
such standard or the provisions of any such code shall not automatically raise a presumption that the mobile manufactured home is unsafe or unsanitary. Such failure shall not
be used as a reason for withholding approval of an on-site sale unless such failure renders
the mobile manufactured home unsafe or unsanitary.
(c) The owner of a mobile manufactured home park shall bear the burden of showing
that a mobile manufactured home is unsafe, unsanitary, or fails to meet the aesthetic
standards of the development. No aesthetic standard concerning those physical characteristics such as size, original color or original building materials, which cannot be
changed without undue financial hardship to the resident, shall be applied against a
mobile manufactured home.
(d) Any purchaser of a mobile manufactured home sold by a resident may become
a resident of the mobile manufactured home park provided he meets the entry requirements for said park and such requirements are equally applied by the owner to all purchasers and prospective residents and the owner approves such entry. Such approval
may not be withheld except for good cause. For the purposes of this section good cause
means a reasonable cause for the owner to believe (1) that such purchaser intends to
utilize the purchased mobile manufactured home for an illegal or immoral purpose or
for any purpose that would disturb the quiet enjoyment of the other residents of the park
or (2) that the purchaser is or will be financially unable to pay the rent for the space or
lot upon which the purchased mobile manufactured home is located. If the owner denies
approval to a purchaser, he shall, in writing, state any reason for such disapproval. Such
statement shall be delivered to the resident and the purchaser or prospective resident
within ten days after the owner receives the completed application of the purchaser or
prospective resident. Failure to deliver such notification within ten days shall be deemed
to be approval.
(e) Any resident wishing to sell his or her home shall request a written statement
of the owner's intentions regarding the condition of the home. Within twenty days after
receipt of such a request, the owner shall approve the home's condition for resale or
deliver a written statement to the resident specifying the reasons why the home is not
safe, sanitary, or in conformance with aesthetic standards. Failure of the owner to respond within twenty days shall be deemed to be an approval of the home's condition
for resale. If the resident disputes the owner's response, he may seek a declaratory
ruling from the Department of Consumer Protection. The resident may attempt to correct
defects identified by the owner and may again request the owner's approval of the
home's condition for resale. If the resident again disputes the owner's response, he may
once again seek a declaratory ruling from the department. An owner's statement of
approval shall remain in force for not more than six months. No owner shall exact a
commission or fee with respect to the price realized by the seller, unless he has acted
as agent for the seller in a sale pursuant to a written contract, or charge a rent for the
mobile manufactured home space or lot upon which the purchased mobile manufactured
home is located greater than the prevailing rent for any other space or lot located in
the park.
(P.A. 74-333, S. 4, 12; P.A. 76-143, S. 3, 4; P.A. 79-237; P.A. 81-322, S. 5; P.A. 83-389, S. 5; June Sp. Sess. P.A. 83-3, S. 1, 13; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: P.A. 76-143 provided in Subsec. (a) for approval by the real estate commission of the standards filed with it;
P.A. 79-237 changed application of standards for homes ten years old or more rather than five years old; P.A. 81-322
added ten-day time limit for delivery of statement to resident and purchaser or prospective resident in Subsec. (b); P.A.
83-389 amended section to prohibit owner from requiring removal of mobile home on sale or foreclosure if home is safe,
sanitary and in conformance with aesthetic standards and purchaser or foreclosing mortgagee assumes rental agreement
and is bound by park rules and regulations, established presumption re safe and sanitary condition and limited types of
aesthetic standards applied, replacing former Subsec. (a) with Subsecs. (a) to (c) and relettering former Subsecs. (b) and
(c) accordingly, and added provisions to establish procedure for obtaining park owner's approval of sale; June Sp. Sess.
P.A. 83-3 changed term "mobile home" to "mobile manufactured home"; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169
replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1,
2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of
Agriculture and Consumer Protection, effective June 1, 2004.
Does not violate takings clause of U.S. Const. Amdt. Art V. 208 C. 620, 621, 623, 629, 630, 632, 633, 639, 641, 642,
645, 648, 649, 651-655. For purposes of takings clause of fifth amendment it makes no difference that rights provided by
this section benefit estate of a decedent rather than a living person. Id., 656, 657, 659-663. Cited. 209 C. 243, 244, 246,
247, 249, 251, 253-256. Cited. Id., 724, 731, 733. Cited. 215 C. 804. Does not give right to delay summary process action
pending on-site sale of mobile home. 217 C. 313-315, 317, 319, 320.
Cited. 7 CA 639, 642. Cited. 21 CA 40, 43, 44.
Subsec. (a):
Cited. 208 C. 620, 625, 630, 631, 635, 638. Cited. 209 C. 243, 250, 251. Cited. 217 C. 313, 315.
Subsec. (b):
Cited. 208 C. 620, 629-632, 634.
Subsec. (c):
Cited. 208 C. 620, 630, 632, 638.
Subsec. (d):
Cited. 208 C. 620, 646.
Subsec. (e):
Cited. 209 C. 243, 248.
Sec. 21-80. Grounds for summary process action or termination of rental
agreement. Procedure. Rent increases. Stay of execution. Sale of abandoned homes.
(a) An action for summary process may be maintained by the owner of a mobile manufactured home park against a mobile manufactured home resident who rents a mobile manufactured home from such owner for the following reasons, which shall be in addition to
other reasons allowed under chapter 832 and, except as otherwise specified, proceedings
under this subsection shall be as prescribed in chapter 832 and sections 47a-15, 47a-20
and 47a-20a:
(1) A conviction of the resident of a violation of a federal or state law or local
ordinance which the court finds to be detrimental to the health, safety and welfare of
other residents in the park but no notice to quit possession shall be required;
(2) The continued violation of any reasonable rule established by the owner, provided a copy of such rule has been delivered by the owner to the resident prior to entering
into a rental agreement and a copy of such rule has been posted in a conspicuous place
in the park and, provided further the resident receives written notice of the specific rule
or rules being violated at least thirty days before the time specified in the notice for the
resident to quit possession of the mobile manufactured home or occupancy of the space
or lot; or
(3) A change in use of the land on which such mobile manufactured home is located,
provided all the residents affected are given written notice (A) at least three hundred
sixty-five days before the time specified in the notice for the resident to quit possession
of the mobile manufactured home or occupancy of the lot if such notice is given before
June 23, 1999, or (B) at least five hundred forty-five days before the time specified in
the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given on or after June 23, 1999, regardless of whether
any other notice under this section or section 21-70 has been given before June 23, 1999;
provided nothing in subsection (f) of section 21-70, section 21-70a, this subsection,
subdivision (1) of subsection (b) of this section or section 21-80b shall be construed to
invalidate the effectiveness of or require the reissuance of any valid notice given before
June 23, 1999.
(b) (1) Notwithstanding the provisions of section 47a-23, an owner may terminate
a rental agreement or maintain a summary process action against a resident who owns
a mobile manufactured home only for one or more of the following reasons:
(A) Nonpayment of rent, utility charges or reasonable incidental services charges;
(B) Material noncompliance by the resident with any statute or regulation materially
affecting the health and safety of other residents or materially affecting the physical
condition of the park;
(C) Material noncompliance by the resident with the rental agreement or with rules
or regulations adopted under section 21-70;
(D) Failure by the resident to agree to a proposed rent increase, provided the owner
has complied with all provisions of subdivision (5) of this subsection; or
(E) A change in the use of the land on which such mobile manufactured home is
located, provided all of the affected residents receive written notice (i) at least three
hundred sixty-five days before the time specified in the notice for the resident to quit
possession of the mobile manufactured home or occupancy of the lot if such notice is
given before June 23, 1999, or (ii) at least five hundred forty-five days before the time
specified in the notice for the resident to quit possession of the mobile manufactured
home or occupancy of the lot if such notice is given on or after June 23, 1999, regardless
of whether any other notice under this section or section 21-70 has been given before
June 23, 1999; provided nothing in subsection (f) of section 21-70, section 21-70a,
subsection (a) of this section, this subdivision and section 21-80b shall be construed to
invalidate the effectiveness of or require the reissuance of any valid notice given before
June 23, 1999.
(2) An owner may not maintain a summary process action under subparagraph (B),
(C) or (D) of subdivision (1) of this subsection, except a summary process action based
upon conduct which constitutes a serious nuisance or a violation of subdivision (9)
of subsection (b) of section 21-82, prior to delivering a written notice to the resident
specifying the acts or omissions constituting the breach and that the rental agreement
shall terminate upon a date not less than thirty days after receipt of the notice. If such
breach can be remedied by repair by the resident or payment of damages by the resident
to the owner and such breach is not so remedied within twenty-one days, the rental
agreement shall terminate except that (i) if the breach is remediable by repairs or the
payment of damages and the resident adequately remedies the breach within said twenty-one-day period, the rental agreement shall not terminate, or (ii) if substantially the same
act or omission for which notice was given recurs within six months, the owner may
terminate the rental agreement in accordance with the provisions of sections 47a-23 to
47a-23b, inclusive. For the purposes of this subdivision, "serious nuisance" means (A)
inflicting bodily harm upon another resident or the owner or threatening to inflict such
harm with the present ability to effect the harm and under circumstances which would
lead a reasonable person to believe that such threat will be carried out, (B) substantial
and wilful destruction of part of the premises, (C) conduct which presents an immediate
and serious danger to the safety of other residents or the owner, or (D) using the premises
for prostitution or the illegal sale of drugs. If the owner elects to evict based upon an
allegation, pursuant to subdivision (8) of subsection (b) of section 21-82, that the resident
failed to require other persons on the premises with the resident's consent to conduct
themselves in a manner that will not constitute a serious nuisance, and the resident
claims to have had no knowledge of such conduct, then, if the owner establishes that
the premises have been used for the illegal sale of drugs, the burden shall be on the
resident to show that the resident had no knowledge of the creation of the serious nuisance.
(3) Notwithstanding the provisions of section 47a-23, termination of any tenancy
in a mobile manufactured home park shall be effective only if made in the following
manner:
(A) By the resident giving at least thirty days' notice to the owner;
(B) By the owner giving the resident at least sixty days' written notice, which shall
state the reason or reasons for such termination, except that, when termination is based
upon subparagraph (A) of subdivision (1) of this subsection, the owner need give the
resident only thirty days' written notice, which notice shall state the total arrearage due
provided, the owner shall not maintain or proceed with a summary process action against
a resident who tenders the total arrearage due to the owner within such thirty days and
who has not so tendered an arrearage under this subparagraph during the preceding
twelve months.
(4) Except as otherwise specified, proceedings under this section shall be as prescribed by chapter 832.
(5) Nothing in this subsection shall prohibit an owner from increasing the rent at
the termination of the rental agreement if (A) the owner delivers a written notice of the
proposed rent increase to the resident at least thirty days before the start of a new rental
agreement; (B) the proposed rent is consistent with rents for comparable lots in the same
park; and (C) the rent is not increased in order to defeat the purpose of this subsection.
(c) Notwithstanding the provisions of sections 47a-35 and 47a-36, if judgment is
entered in a summary process action against a mobile manufactured home owner and
resident based upon subparagraph (D) of subdivision (1) of subsection (b) of this section,
execution shall not issue until six months from the date of such judgment. The court
shall condition such stay of execution upon a requirement that the mobile manufactured
home owner and resident make payments to the plaintiff in the summary process action
in such installments as the court may direct for the use and occupancy of the premises
during the period of such stay at the rate for which such mobile manufactured home
owner and resident was most recently liable as rent or in such other sum as is reasonable.
(d) Notwithstanding the provisions of sections 47a-35 and 47a-36, if judgment is
entered in a summary process action against a resident who owns the mobile manufactured home, the resident may, prior to the expiration of the automatic stay of execution
provided in section 47a-35 or 47a-36, as applicable, move for permission to exercise in
good faith the resident's right to sell the mobile manufactured home in place in the
mobile manufactured home park, subject to the provisions of section 21-79, and the
court may stay execution upon such judgment pending sale of the home. Such stay may
be ordered for a period or periods in an aggregate not to exceed twelve months from
the date of the judgment in the summary process action, except that any such stay or
stays extending beyond six months from the date of the judgment in the summary process
action shall be reviewed every two months to determine that the resident is making a
good faith effort to sell the home. The court shall condition such stay of execution upon
a requirement that the resident make payments to the plaintiff in the summary process
action in such installments as the court may direct for the use and occupancy of the
premises during the period of such stay at the rate for which such resident was most
recently liable as rent or in such other amount as is reasonable and may, in addition,
impose other reasonable terms and conditions on the stay. If there is a rental arrearage
at the time of the entry of the order, the court shall order that it be paid out of the proceeds
of the sale, except that the court, upon finding that the resident has the present ability
to pay the arrearage, may require that all or part of such arrearage be paid as a condition
of the stay.
(e) (1) If (A) a judgment for possession has been entered against the resident and
all occupants of a mobile manufactured home pursuant to chapter 832 and this section;
(B) no rent or other payment has been received for the use and occupancy of the lot
upon which the mobile manufactured home is situated for at least four months; (C) at
least sixty days have passed since the expiration of the last stay of execution pursuant
to chapter 832 and this section; and (D) notwithstanding the provisions of section 47a-42, the mobile manufactured home remains upon the lot, the owner of the mobile manufactured home park may initiate a petition to the Superior Court pursuant to this section.
Such petition may be brought as a supplemental proceeding in the summary process
action, in which case no additional entry fee shall be required.
(2) The petition shall allege the acts specified in subdivision (1) of this subsection
and, in addition, shall allege supporting facts which demonstrate that the owner of the
mobile manufactured home has failed or refused to make reasonable efforts to remove
the home from the lot or to sell the home in place or that, in spite of reasonable efforts
to locate the owner of the mobile manufactured home or such owner's representative,
the owner of the mobile manufactured home park has been unable to locate such owner.
Reasonable efforts to locate the owner of the mobile manufactured home shall include,
but not be limited to, reasonable inquiry of relatives or associates of the owner of the
home, if known to the owner of the park, and of other residents of the park.
(3) A copy of the petition and the notice of the hearing on the petition shall be given
to the owner of the mobile manufactured home, the municipality and all lienholders
who have recorded a lien against the mobile manufactured home or of whom the owner
of the mobile manufactured home park has actual knowledge. Notice to the municipality
and to lienholders shall be by certified mail. Notice to the owner of the mobile manufactured home shall be designed to maximize the likelihood that the owner will receive
actual notice of the petition, without regard to whether the owner appeared in the summary process action. Such notice to the owner of the mobile manufactured home shall
be conspicuously posted at the entrance to the mobile manufactured home and also sent
by certified or registered mail, return receipt requested, to the owner of the mobile
manufactured home and to the attorney, if any, who appeared for such owner in the
summary process action. Notice to the owner of the mobile manufactured home shall
be sent to such owner at the owner's last-known address and also to such owner in care
of any other person reasonably believed to know the location of the owner. The court
may require supplemental notice if it finds that additional notice is likely to result in
actual notice to the owner of the mobile manufactured home.
(4) At the hearing on the petition, the court shall determine whether all the requirements of subdivisions (1), (2) and (3) of this subsection have been satisfied and, if they
have, shall also determine whether the home has been abandoned. If such requirements
have been satisfied and such home has been abandoned, the court shall order the owner
of the mobile manufactured home park to conduct a public sale of the home. Nothing
in this section shall preclude the court from deferring the entry of an order requiring
sale and from issuing other appropriate orders, if the court finds that, within a reasonable
period of time, the owner of the mobile manufactured home will remove the home from
the lot or dispose of the home by sale or will make other appropriate arrangements
with the park owner. The order directing sale shall require notice which includes a
conspicuous statement that the sale will extinguish all previous ownership and lien
rights. Notice shall be given by certified or registered mail, return receipt requested, to
all persons entitled to notice of the petition. Notice shall also be posted conspicuously
at the entrance of the home and shall be advertised at least three times in the real estate
section of a daily paper with general circulation in the area where the park is situated.
Any person, including a lienholder or the owner of the mobile manufactured home park,
may bid at the sale. The proceeds of such sale shall be applied first to the costs of the
sale and then to the payment of lienholders in the order of the priority of their liens. If
proceeds remain thereafter they shall be paid over to the owner of the mobile manufactured home. Upon conclusion of the sale, the park owner shall file an affidavit with the
court setting forth the nature of its compliance with the court's order of sale. The court,
upon finding compliance with its order, shall issue a conveyance of title and release of
liens, if any, to the purchaser for filing in the land records, which shall constitute good
title to the home, and no execution shall issue on the original summary process action.
(P.A. 74-333, S. 5, 12; P.A. 77-614, S. 609, 610; P.A. 78-347, S. 1, 2; P.A. 81-322, S. 6; P.A. 82-162, S. 3; 82-372, S.
2; P.A. 83-456, S. 2, 7; June Sp. Sess. P.A. 83-3, S. 14; P.A. 91-383, S. 5; P.A. 92-171, S. 9; P.A. 93-435, S. 27, 95; P.A.
99-57; 99-201, S. 3, 4, 6; P.A. 01-195, S. 88, 181.)
History: P.A. 77-614 repealed Sec. 21-80; P.A. 78-347 repealed the repealer of Sec. 21-80 in P.A. 77-614, changed
reference from chapter 922 to chapter 832 where appearing, changed Subsecs. (a), (b) and (c) to Subdivs. (1), (2) and (3)
and added new Subsec. (b) providing for a stay of execution of judgment entered in summary process action on certain
conditions; P.A. 81-322 inserted new Subsec. (b) specifying grounds for summary process against a resident who owns
his mobile home, relettering former Subsec. (b) accordingly, and specifying applicability of provisions to resident "who
rents his mobile home from such owner"; P.A. 82-162 amended Subdiv. (5) of Subsec. (b) by making technical corrections;
P.A. 82-372 amended Subdiv. (3) of Subsec. (b) providing that owner cannot maintain a summary process action against
resident who pays total rent arrearage; P.A. 83-456 amended section to increase required notice period to residents in event
of a change in land use from ninety days to three hundred sixty-five days; June Sp. Sess. P.A. 83-3 changed term "mobile
home" to "mobile manufactured home"; P.A. 91-383 amended Subsec. (a) to replace "proceedings under this section shall
be as prescribed in said chapter 832" with "proceedings under this subsection shall be as prescribed in chapter 832 and
sections 47a-15, 47a-20 and 47a-20a", amended Subdiv. (2) of Subsec. (b) to add exception for a summary process action
"based upon conduct which constitutes a serious nuisance or a violation of subdivision (8) of subsection (b) of section 21-82", to add provisions re termination of rental agreement when breach is not remedied by repair or payment of damages
within twenty-one days or substantially the same act or omission recurs within six months, to add definition of "serious
nuisance" and to add provision re resident's evidentiary burden when the premises have been used for the illegal sale of
drugs, and amended Subsec. (c) to replace "or in such greater sum as is reasonable in such installments as the court may
direct" with "or in such other sum as is reasonable"; P.A. 92-171 added Subsec. (d) authorizing the court to grant a stay
of execution on certain conditions for up to twelve months to permit a resident who owns his mobile manufactured home
to sell the home in place in the mobile manufactured home park; P.A. 93-435 made a technical change in Subdiv. (2) of
Subsec. (b), effective June 28, 1993; P.A. 99-57 added new Subsec. (e) to establish a procedure certain mobile manufactured
home park owners can follow to have an abandoned home sold in an eviction action; P.A. 99-201 amended Subsec. (a) to
make gender neutral change and to increase amount of notice to vacate park owners must give to residents who own or
rent from three hundred sixty-five to five hundred forty-five days in cases where such notices are issued on or after June
23, 1999, and amended Subdiv. (1) of Subsec. (b) to make a gender neutral change and to increase amount of notice to
vacate park owners must give to residents who own or rent from three hundred sixty-five to five hundred forty-five days
in cases where such notices are issued on or after June 23, 1999, effective June 23, 1999; P.A. 01-195 made technical
changes in Subsecs. (a)(3), (b)(1)(E), (b)(2), (d) and (e)(3), effective July 11, 2001.
Cited. 209 C. 243, 254, 257, 258. Cited. Id., 724, 726, 727, 729, 730, 733. Cited. 215 C. 701, 714. Cited. 217 C. 313, 320.
Cited. 7 CA 639-642. Cited. 19 CA 564, 567, 569, 570.
Subsec. (b):
Subdiv. (1)(E) cited. 208 C. 620, 642, 644, 649. Subdiv. (5) cited. Id., 620, 649. Subdiv. (3)(B) cited. 209 C. 724, 726,
729, 730. Subdiv. (1)(A) cited. 217 C. 313, 320.
Cited. 7 CA 639, 640. Subdiv. (1)(B) cited. 19 CA 564, 570. Subdiv. (1)(C) cited. Id. Subdiv. (1)(D) cited. Id. Subdiv.
(2) cited. Id. Subdiv. (2)(A) cited. Id., Subdiv. (2)(B) cited. Id. Subdiv. (2)(C) cited. Id. Subdiv. (2)(D) cited. Id. Subdiv.
(3)(B) cited. Id., 564, 565, 567-570. Subdiv. (4) cited. Id., 564, 569. Subdiv. (1)(A) cited. 21 CA 40, 44. Subdiv. (4) cited.
Id., 40, 45.
Sec. 21-80a. Retaliatory action by owner prohibited. Actions deemed not retaliatory. (a) An owner shall not maintain an action or proceeding against a resident to
recover possession of a dwelling unit or a mobile manufactured home space or lot,
demand an increase in rent from the resident, or decrease the services to which the
resident has been entitled within six months after: (1) The resident has in good faith
attempted to remedy by any lawful means, including contacting officials of the state or
of any town, city or borough or public agency or filing a complaint with a fair rent
commission, any condition constituting a violation of any provision of this chapter or
chapter 368o or of any other state statute or regulation, or of the housing and health
ordinances of the municipality wherein the premises which are the subject of the complaint lie; (2) any municipal agency or official has filed a notice, complaint or order
regarding such a violation; (3) the resident has in good faith requested the owner to
make repairs; (4) the resident has in good faith instituted an action under subsections
(a) to (i), inclusive, of section 47a-14h; or (5) the resident has organized or become a
member of a residents' association.
(b) Notwithstanding the provisions of subsection (a) of this section, if permitted by
subdivision (1) of subsection (b) of section 21-80, the owner may maintain an action to
recover possession of the premises if: (1) The resident is using the dwelling unit or the
premises for an illegal purpose or for a purpose which is in violation of the rental
agreement or for nonpayment of rent; (2) the condition complained of was caused by
the wilful actions of the resident or another person in his household or a person on the
premises with his consent; or (3) the owner seeks to recover possession pursuant to
section 21-80 on the basis of a notice which was given to the resident before the resident's
complaint.
(c) Notwithstanding the provisions of subsection (a) of this section, an owner may
increase the rent of a resident if: (1) The condition complained of was caused by the
lack of due care by the resident or another person in his household or a person on the
premises with his consent or (2) the owner has become liable for a substantial increase
in property taxes, or a substantial increase in other maintenance or operating costs not
associated with his complying with the complaint, not less than four months before the
demand for an increase in rent, and the increase in rent does not exceed the prorated
portion of the net increase in taxes or costs, or (3) the owner in good faith is increasing
the rent in a manner permitted by subdivision (5) of subsection (b) of section 21-80.
(d) Nothing in this section shall be construed to in any way limit the defense provided in section 47a-33.
(P.A. 91-383, S. 6.)
Sec. 21-80b. Effect of notices. Nothing in subsection (f) of section 21-70, section
21-70a, subsection (a) of section 21-80, subdivision (1) of subsection (b) of section 21-80 and this section shall be construed to invalidate an otherwise effective notice or to
validate an otherwise ineffective notice given or served pursuant to section 21-70 or
21-80 prior to June 23, 1999.
(P.A. 99-201, S. 5, 6.)
History: P.A. 99-201 effective June 23, 1999.
Sec. 21-81. Existing agreements. Section 21-81 is repealed.
(P.A. 74-333, S. 11, 12; P.A. 77-614, S. 609, 610.)
Sec. 21-82. Owner's responsibilities. Resident's responsibilities. Payment of
rent. Terms and conditions of rental agreement. Remedy for unlawful entry. Mitigation of damages. Acceptance of overdue rent. (a) At all times during the tenancy
the owner shall:
(1) Comply with the requirements of the State Building Code, the Fire Safety Code,
and all applicable state laws and regulations, local ordinances and planning and zoning
regulations materially affecting health and safety;
(2) Maintain the premises and regrade them when necessary to prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water;
(3) Maintain the ground at such a level that the mobile manufactured home will not
tilt from its original position;
(4) Keep each mobile manufactured home space or lot marked in such a way that
each resident will be certain of his area of responsibility;
(5) Keep any exterior area of the park not the responsibility of each resident free
from any species of weed or plant growth which are noxious or detrimental to the health
of the residents;
(6) Make all repairs and do whatever is necessary to put and keep the portion of the
mobile manufactured home park that is not the responsibility of each resident in a fit
and habitable condition, except where such premises are intentionally rendered unfit or
uninhabitable by the resident, a member of his family or other person on the premises
with his consent, in which case such duty shall be the responsibility of the resident;
(7) Keep all common areas of the premises in a clean and safe condition;
(8) Be responsible for the extermination of any insect, rodent, vermin or other pest
dangerous to the health of the residents whenever infestation exists in the area of the park
not the responsibility of the resident or in the area for which the resident is responsible
including the mobile manufactured home if such infestation is not the fault of the resident
and particularly if such infestation existed prior to the occupancy of the resident claiming
relief;
(9) Maintain all mobile manufactured homes rented by the owner in a condition
which is structurally sound and capable of withstanding adverse effects of weather conditions;
(10) Maintain all electrical, plumbing, gas or other utilities provided by him in
good working condition except during any emergency after which any repair shall be
completed within seventy-two hours unless good cause is shown as to why such repair
has not been completed;
(11) Maintain all water and sewage lines and connections in good working order,
and in the event of any emergency, make necessary arrangements for the provision of
such service on a temporary basis;
(12) Arrange for the removal from waste receptacles of ashes, garbage, rubbish and
other waste incidental to the occupancy of the dwelling unit;
(13) Maintain any road within the park in good condition, provide adequate space
for parking of two cars for each lot except that any park which provided only one space
for each lot on January 1, 1985, and which provided only one space for each lot on
October 1, 1972, shall be exempt from such requirement, and be responsible for damage
to any vehicle which is the direct result of any unrepaired or poorly maintained access
road within the park;
(14) Respect the privacy of the resident and if only the space or lot is rented, agree
to enter the mobile manufactured home only with the permission of the resident;
(15) Allow all residents freedom of choice in the purchase of all services pursuant
to section 21-78;
(16) Allow a resident to terminate a rental agreement whenever a change in the
location of such resident's employment requires a change in the location of his residence
if such resident gives thirty days' notice; provided, a resident who is a member of the
armed forces of the United States may terminate his rental agreement with less than
notice of thirty days if he receives reassignment orders which do not allow such prior
notification.
(b) At all times during the tenancy the resident shall:
(1) Comply with all obligations primarily imposed upon residents by applicable
provisions of any building, housing or fire code materially affecting health and safety;
(2) Keep the unit and his area of responsibility as marked by the owner in a clean
and sanitary condition, free of garbage and rubbish;
(3) Keep the supplied basic facilities including any plumbing fixture, cooking and
refrigeration equipment and electrical fixtures in a rented mobile manufactured home
unit in a clean and sanitary condition and exercise reasonable care in their proper use
and operation;
(4) Dispose of any rubbish, garbage and other waste material in a clean and sanitary
manner;
(5) Not wilfully or negligently destroy, deface, damage, impair or remove any part
of the premises or permit any other person to do so;
(6) Observe all reasonable rules of the owner concerning the use, occupation and
maintenance of the premises, provided such reasonable rules are brought to his attention
at the time he signs a rental agreement;
(7) Unless otherwise agreed, occupy the dwelling unit only as a dwelling unit;
(8) Conduct himself and require other persons on the premises with his consent to
conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment
of the premises or constitute a nuisance, as defined in section 47a-32, or a serious nuisance, as defined in section 21-80;
(9) If judgment has entered against a member of the resident's household pursuant
to subsection (c) of section 47a-26h for serious nuisance by using the premises for the
illegal sale of drugs, not permit such person to resume occupancy of the dwelling unit,
except with the consent of the owner.
(c) Rent is payable without demand or notice at the time and place agreed upon by
the parties. Unless otherwise agreed, (1) rent is payable at the premises and (2) periodic
rent is payable at the beginning of any term of one month or less and for terms of more
than one month in equal monthly installments at the beginning of each month. In the
absence of agreement, the resident shall pay the fair rental value for the use and occupancy of the premises.
(d) The terms for the payment of rent shall be clearly set forth and any charge for
services, space or lot rent, unit rent or any other charge shall be specifically itemized
in the rental agreement and in any billing to the resident by the owner. The total rent
for the term of the rental agreement shall be stated therein.
(e) Reasonable rules for guest parking shall be clearly stated and unless violation
thereof occurs, no fee shall be charged a resident or a guest.
(f) Any action on the part of the resident which may be grounds for eviction from
the park or termination of the rental agreement shall be clearly and specifically stated
therein.
(g) The right of the resident to sell his mobile manufactured home pursuant to section
21-79 shall be clearly stated in the rental agreement.
(h) If the owner makes an entry prohibited by subdivision (14) of subsection (a) of
this section, or makes repeated demands for entry otherwise lawful but which have the
effect of unreasonably harassing the resident, the resident may recover actual damages
not less than an amount equal to one month's rent and reasonable attorney's fees. The
resident may also obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement.
(i) If, during the term of a rental agreement, the resident removes his mobile manufactured home from a space or lot which he is renting, the owner shall make reasonable
efforts to rent the space or lot at a fair rental in mitigation of damages. If the owner fails
to use reasonable efforts to rent the space or lot at a fair rental, the rental agreement
is deemed to be terminated by the owner as of the date the owner has notice of the
abandonment.
(j) Acceptance of rent with the knowledge that such rent is overdue constitutes a
waiver of the owner's right to terminate the rental agreement for the resident's failure
to pay such rent when it was due.
(P.A. 74-333, S. 7, 12; P.A. 77-614, S. 253, 610; June Sp. Sess. P.A. 83-3, S. 15; P.A. 85-512, S. 2; P.A. 91-383, S. 7.)
History: P.A. 77-614 provided for the commissioner of consumer protection with advice and comments from the real
estate commission to adopt regulations instead of the real estate commission to adopt such regulations, effective January
1, 1979; June Sp. Sess. P.A. 83-3 deleted reference to real estate commission and changed term "mobile home" to "mobile
manufactured home"; P.A. 85-512 deleted provision requiring use of model rental agreement by park owners while retaining
list of required provisions for each rental agreement; P.A. 91-383 amended Subsec. (a) by inserting a new Subdiv. (1) re
duty to comply with state building code, fire safety code and applicable state and local laws, regulations and ordinances
affecting health and safety, a new Subdiv. (6) re duty to make repairs and keep park in a fit and habitable condition, a new
Subdiv. (7) re duty to keep all common areas in a clean and safe condition and a new Subdiv. (12) re duty to remove waste,
redesignating former Subdiv. (12) re duty to maintain roads and provide parking as Subdiv. (13), renumbering the remaining
Subdivs. accordingly, and deleting from renumbered Subdiv. (14) a provision re entry after notice to the resident of a
mobile manufactured home which is the property of the owner, amended Subsec. (b) by inserting a new Subdiv. (1) re
duty to comply with applicable provisions of building, housing or fire code materially affecting health and safety and a
new Subdiv. (5) re duty not to destroy or damage the premises and renumbering the remaining Subdivs. accordingly, and
added a new Subdiv. (7) re duty to occupy the dwelling unit only as a dwelling unit, a new Subdiv. (8) re duty to conduct
oneself so as not to disturb neighbors or create a nuisance or serious nuisance and a new Subdiv. (9) re duty to not permit
a person who has used the premises for the illegal sale of drugs to resume occupancy of the dwelling unit, inserted a new
Subsec. (c) re time and place for payment of rent and relettered the remaining Subsecs. accordingly, and added Subsec.
(h) re remedies of a resident for illegal entry by the owner, Subsec. (i) re owner's obligation to mitigate damages and
Subsec. (j) re consequences of acceptance of overdue rent.
Cited. 178 C. 586, 587, 590.
Subsec. (b):
Cited. 31 CA 575, 579.
Sec. 21-83. Rental agreements: Permissible and prohibited provisions. (a) An
owner and a resident may include in a rental agreement terms and conditions not prohibited by law, including rent, term of the agreement and other provisions governing the
rights and obligations of the parties. No rental agreement shall contain the following:
(1) Any provision by which the resident agrees to waive or forfeit rights or remedies
under this chapter and sections 47a-21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26h, inclusive, 47a-35 to 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under
any section of the general statutes or any municipal ordinance, unless such section or
ordinance expressly states that such rights may be waived;
(2) Any provision which permits the owner to terminate the rental agreement for
failure to pay rent unless such rent is unpaid when due and the resident fails to pay rent
within nine days thereafter;
(3) Any provision which permits the owner to collect a penalty fee for late payment
of rent without allowing the resident a minimum of nine days beyond the due date in
which to remit or which provides for the payment of rent in a reduced amount if such
rent is paid prior to the expiration of such grace period;
(4) Any provision which permits the owner to charge a penalty for late payment of
rent in excess of five per cent of the total rent due for the mobile manufactured home
space or lot or four per cent of the total rent due for the mobile manufactured home and
mobile manufactured home space or lot;
(5) Any provision which allows the owner to increase the total rent or change the
payment arrangements during the term of the rental agreement;
(6) Any provision allowing the owner to charge an amount in excess of one month's
rent for a security deposit or to retain the security deposit upon termination of the rental
agreement if the resident has paid his rent in full as of the date of termination and has
caused no damage to the property of the owner or to waive the resident's right to the
interest on the security deposit pursuant to section 47a-21;
(7) Any provision allowing the owner to charge an entrance fee to a resident assuming occupancy;
(8) Any provision authorizing the owner to confess judgment on a claim arising out
of the rental agreement;
(9) Any provision which waives any cause of action against or indemnification from
an owner, by a resident for any injury or harm caused to such resident, his family or his
guests, or to his property, or the property of his family or his guests resulting from any
negligence of the owner, his agents or his assigns in the maintenance of the premises
or which otherwise agrees to the exculpation or limitation of any liability of the owner
arising under law or to indemnify the owner for that liability or the costs connected
therewith;
(10) Any provision permitting the owner to dispossess the resident without resort
to court order;
(11) Any provision consenting to the distraint of the resident's property for rent;
(12) Any provision agreeing to pay the owner's attorney's fees in excess of fifteen
per cent of any judgment against the resident in any action in which money damages
are awarded;
(13) Any provision which denies to the resident the right to treat as a breach of the
agreement, a continuing violation by the owner, substantial in nature, of any provision
set forth in the rental agreement or of any state statute unless the owner discontinues
such violation within a reasonable time after written notice is given by the resident by
registered or certified mail.
(b) A provision prohibited by this chapter included in a rental agreement is unenforceable.
(P.A. 74-333, S. 8, 12; June Sp. Sess. P.A. 83-3, S. 16; P.A. 85-512, S. 3; 85-613, S. 56, 154; P.A. 90-60; P.A. 91-383,
S. 8.)
History: June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home"; P.A. 85-512 deleted
reference to model rental agreement while retaining list of provisions prohibited in rental agreements and replaced alphabetic Subdiv. indicators with numeric Subdiv. indicators; P.A. 85-613 made technical change; P.A. 90-60 extended the
grace period to pay rent from five days to nine days; P.A. 91-383 amended Subsec. (a) by authorizing a rental agreement
to include terms and conditions not prohibited by law re the rights and obligations of the parties, inserting a new Subdiv.
(1) re waiver of rights and a new Subdiv. (2) re termination of the rental agreement for unpaid rent, adding provision in
renumbered Subdiv. (3) re a provision for the payment of rent in a reduced amount if such rent is paid prior to the expiration
of the grace period, adding provision in renumbered Subdiv. (6) re waiver of the resident's right to interest on the security
deposit, adding Subdiv. (8) re provision authorizing the owner to confess judgment, adding provision in renumbered
Subdiv. (9) re a provision which agrees to the exculpation or limitation of any liability of the owner or to indemnify the
owner, adding Subdiv. (10) re dispossession of the resident, Subdiv. (11) re distraint of the resident's property and Subdiv.
(12) re payment of the owner's attorney's fees and renumbering the remaining Subdivs. accordingly, and added Subsec.
(b) re the unenforceability of a provision prohibited by this chapter.
Cited. 178 C. 586, 590.
Cited. 31 CA 575, 579.
Sec. 21-83a. Applicability of provisions re owners' and residents' responsibilities and rental agreements. The provisions of sections 21-82, 21-83 and 21-83c shall
apply to all tenancies in mobile manufactured home parks.
(P.A. 85-512, S. 6; P.A. 91-383, S. 11.)
History: P.A. 91-383 added reference to Sec. 21-83c.
Sec. 21-83b. Violation of provisions re rental agreements. Penalties. An owner
who fails to comply with any rental agreement provision required by section 21-82 or
who requires a resident to comply with any provision prohibited by section 21-83 shall
be subject to the provisions of section 21-71.
(P.A. 85-512, S. 7.)
Sec. 21-83c. Rent not recoverable when owner fails to comply with statutory
responsibilities. A rental agreement shall not permit the receipt of rent for any period
during which the owner has failed to comply with the provisions of subdivisions (1) to
(13), inclusive, of subsection (a) of section 21-82, and such failure materially affects
the health and safety of the residents or materially affects habitability.
(P.A. 91-383, S. 9.)
Sec. 21-83d. Damage or destruction of unit or premises. Noncompliance by
owner with rental agreement or statutory responsibilities. Resident's remedies. (a)
If the dwelling unit or premises are damaged or destroyed by fire or other casualty to
an extent that enjoyment of the dwelling unit is substantially impaired, the resident,
unless such damage or destruction is caused by the resident's negligence or wilful act,
upon vacating the premises shall not be liable to pay rent for such period of time as such
impairment continues. In such case, the resident shall immediately vacate the premises
and notify the owner in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement shall terminate as of the
date of vacating and the owner shall return all security and prepaid rent recoverable
under section 47a-21. Accounting for rent, in the event of termination or apportionment,
shall be made as of the date of the fire or other casualty.
(b) If there is a material noncompliance by the owner with the rental agreement or
a noncompliance with section 21-82 which materially affects health and safety, the
resident may deliver a written notice to the owner specifying the acts and omissions
constituting the breach. If the breach is not remedied in twenty-one days, the rental
agreement shall terminate nine days thereafter. If substantially the same act or omission
which constituted a prior noncompliance of which notice was given recurs within six
months of the first act of noncompliance, the resident may terminate the rental agreement
upon at least fourteen days written notice specifying (1) the date the breach complained
of occurred and (2) the date the resident intends to terminate the rental agreement by
vacating the premises, which date shall be within thirty days of such breach. The resident
may not terminate the rental agreement under this subsection for a condition caused by
the wilful or negligent act or omission of such resident, a member of his family, or other
person on the premises with his consent.
(c) Nothing in this section shall in any way restrict the resident's use of other remedies available to him under this chapter or any other chapter of the general statutes.
(P.A. 91-383, S. 10.)
Sec. 21-83e. Violation of provisions of chapter. Declaratory ruling. Unfair
trade practice. (a) A resident who claims that an owner is violating any provision of
this chapter, or an owner who claims that a resident is violating any provision of this
chapter, may request a declaratory ruling from the Department of Consumer Protection.
(b) A violation of any of the provisions of this chapter shall be deemed an unfair
or deceptive trade practice under chapter 735a.
(P.A. 91-383, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department
of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21-84. Model rental agreement. The Commissioner of Consumer Protection
may adopt regulations in accordance with the provisions of chapter 54 providing for a
model rental agreement. The use of any model rental agreement provided for by regulation shall not be required of any owner.
(P.A. 74-333, S. 9, 12; P.A. 81-322, S. 7; June Sp. Sess. P.A. 83-3, S. 17; P.A. 85-512, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 81-322 amended section to provide that regulations apply to all tenancies and deleted obsolete provisions
requiring that regulations be filed with secretary of the state by January 1, 1975, and stating their applicability to agreements
executed on or after that date; June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home";
P.A. 85-512 amended section to provide for model rental agreement for use at option of park owners; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 21-84a. Mobile Manufactured Home Advisory Council. (a) There is established, within the Department of Consumer Protection, a Mobile Manufactured Home
Advisory Council composed of fifteen members as follows: One member of the Connecticut Real Estate Commission, one employee of the Department of Economic and
Community Development and one employee of the Connecticut Housing Finance Authority to be appointed by the Governor; an attorney-at-law specializing in mobile manufactured home matters to be appointed by the speaker of the House of Representatives;
one town planner and one representative of the banking industry to be appointed by the
Governor; three mobile manufactured home park owners, one to be appointed by the
Governor, one to be appointed by the minority leader of the Senate and one to be appointed by the minority leader of the House of Representatives; a representative of the
mobile manufactured home industry to be appointed by the majority leader of the House
of Representatives; three mobile manufactured home park tenants or representatives of
such tenants, each from different geographic areas of the state, one to be appointed by
the Governor, one to be appointed by the president pro tempore of the Senate and one
to be appointed by the majority leader of the Senate; a senior citizen, who is either a
resident of a mobile manufactured home park or a representative of other senior citizens
who reside in mobile manufactured home parks, and a representative of the Housing
Advisory Committee to be appointed by the Governor. The mobile manufactured home
park owners and the representative of the mobile manufactured home industry shall
be appointed from a list submitted to the appointing authorities by the Connecticut
Manufactured Housing Association or its successor, if such organization or successor
exists. The mobile manufactured home park tenants or tenant representatives and the
senior citizen shall be appointed from a list submitted to the appointing authorities by
the Connecticut Manufactured Home Owners Alliance or its successor, if such organization or successor exists. The Governor shall appoint a chairperson from among the
members of the council. Members shall serve for a term coterminous with the term of
the Governor or until their successors are appointed, whichever is later. Any vacancy
shall be filled by the appointing authority for the position which has become vacant.
Members of the council shall not be compensated for their services. Any council member
who fails to attend three consecutive meetings or who fails to attend fifty per cent of all
meetings held during any calendar year shall be deemed to have resigned from office.
(b) The advisory council shall: Monitor the implementation of statutes and regulations affecting mobile manufactured homes, promote mobile manufactured homes in
the state, conduct a public education program to improve public perception and local
acceptance of mobile manufactured homes and promote them as affordable, decent, safe
and sanitary housing, and study additional issues related to mobile manufactured homes.
(P.A. 83-323, S. 1; June Sp. Sess. P.A. 83-3, S. 1; P.A. 90-230, S. 31, 101; P.A. 92-182; P.A. 95-250, S. 1; P.A. 96-68, S. 5; 96-211, S. 1, 5, 6; P.A. 97-230, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)
History: June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home"; P.A. 90-230 made
technical changes in Subsecs. (a) and (b); P.A. 92-182 amended Subsec. (a) by deleting provision which specified that
governor shall appoint ten persons to be members of the council and president pro tempore of the senate, minority leader
of the senate, speaker of the house of representatives and minority leader of the house of representatives shall each appoint
one person, substituting language to reduce the number of members appointed by the governor from ten to seven and to
specify which specific members are to be appointed by the legislative authorities and by adding language providing that
members' terms would be coterminous with that of the governor or until successors were appointed and that any vacancy
was to be filled by the appointing authority for that position; P.A. 95-250 and P.A. 96-211 replaced Commissioner and
Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 96-68
amended Subsec. (a) by replacing Central Housing Committee with Housing Advisory Committee; P.A. 97-230 amended
Subsec. (a) by requiring an additional member, revising the composition of the council to include employee of CHFA and
a representative of the banking industry, eliminating one town planner, and providing for lists from which certain members
shall be appointed, effective June 24, 1997; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004.