Substitute House Bill No. 6836
          Substitute House Bill No. 6836

              PUBLIC ACT NO. 97-161


AN   ACT  CONCERNING   AN   ACTION   FOR   PRIVATE
RECEIVERSHIP   OF  A   RENTAL   HOUSING   PROPERTY
DEVELOPMENT DEEMED A COMMON NUISANCE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 21a-259 of  the  general  statutes  is
repealed and the  following is substituted in lieu
thereof:
    (a) AS USED  IN  THIS SECTION, "RENTAL HOUSING
PROPERTY DEVELOPMENT" MEANS  ANY  PRIVATELY  OWNED
MULTIFAMILY DWELLING CONSISTING  OF  NOT LESS THAN
SIX UNITS WHICH  ARE  NOT OWNER OCCUPIED AND WHICH
HAS AT LEAST  ONE  UNIT  AVAILABLE  FOR  RENT. Any
store, shop, warehouse,  dwelling house, building,
RENTAL  HOUSING  PROPERTY   DEVELOPMENT,  vehicle,
boat, aircraft or  any  place whatever, other than
as authorized by law, which is frequently resorted
to by drug-dependent  persons  for  the purpose of
using controlled substances  or  which is used for
the illegal keeping  or selling of the same, shall
be deemed a common nuisance.
    (b)   ANY   SUCH   RENTAL   HOUSING   PROPERTY
DEVELOPMENT  DEEMED  A   COMMON   NUISANCE   UNDER
SUBSECTION (a) OF  THIS  SECTION MAY BE SUBJECT TO
AN ACTION FOR  PRIVATE  RECEIVERSHIP  BY THE CHIEF
STATE'S ATTORNEY, A DEPUTY CHIEF STATE'S ATTORNEY,
A  STATE'S ATTORNEY  OR  AN  ASSISTANT  OR  DEPUTY
ASSISTANT STATE'S ATTORNEY  ON  BEHALF  OF ALL THE
TENANTS OCCUPYING SUCH  DEVELOPMENT BY APPLYING TO
THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT WHERE
THE PROPERTY IS  SITUATED  FOR  AN ORDER REQUIRING
THE OWNER AND  ANY MORTGAGEES OR LIENORS OF RECORD
TO SHOW CAUSE  WHY A RECEIVER OF RENTS, ISSUES AND
PROFITS  SHOULD NOT  BE  APPOINTED  AND  WHY  SAID
RECEIVER SHOULD NOT  REMOVE  OR REMEDY SUCH COMMON
NUISANCE  AND OBTAIN  A  LIEN  IN  FAVOR  OF  SUCH
TENANTS,  HAVING  PRIORITY  WITH  RESPECT  TO  ALL
EXISTING MORTGAGES OR  LIENS, TO SECURE PAYMENT OF
THE COSTS INCURRED  BY THE RECEIVER IN REMOVING OR
REMEDYING SUCH COMMON  NUISANCE.  SUCH APPLICATION
SHALL CONTAIN (A) PROOF BY AFFIDAVIT THAT AN ORDER
OF THE PROPER AUTHORITY HAS BEEN ISSUED AND SERVED
ON THE OWNER,  MORTGAGEES  AND  LIENORS; AND (B) A
PLAN TO MANAGE AND OPERATE SUCH PROPERTY FOLLOWING
THE APPOINTMENT OF A RECEIVER OF RENTS, ISSUES AND
PROFITS.

Approved June 24, 1997