Substitute House Bill No. 7050
          Substitute House Bill No. 7050

              PUBLIC ACT NO. 97-231


AN ACT CONCERNING LANDLORD AND TENANT.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW)  If  a  landlord terminates a
residential or commercial  tenancy  on the grounds
that the tenant  committed  a breach of the rental
agreement and the  landlord  brings  an action for
damages for the breach, such damages shall include
the amount of  rent  agreed  to by the parties but
unpaid  by  the  tenant.  The  landlord  shall  be
obligated to mitigate  damages. This section shall
not limit either  party's  rights  to assert other
legal or equitable claims, counterclaims, defenses
or setoffs.
    Sec. 2. Section 47a-15 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Prior to the commencement of a summary process
action, except in  the  case in which the landlord
elects  to  proceed   under   sections  47a-23  to
47a-23b, inclusive, to  evict  based on nonpayment
of  rent,  on   conduct   by   the   tenant  which
constitutes a serious  nuisance  or on a violation
of subsection (h) of section 47a-11, if there is a
material noncompliance with  section  47a-11 which
materially affects the  health  and  safety of the
other tenants or  materially  affects the physical
condition  of the  premises,  or  if  there  is  a
material  noncompliance by  the  tenant  with  the
rental agreement or  a material noncompliance with
the rules and  regulations  adopted  in accordance
with section 47a-9,  and  the  landlord chooses to
evict based on  such  noncompliance,  the landlord
shall  deliver a  written  notice  to  the  tenant
specifying the acts  or omissions constituting the
breach  and  that   the   rental  agreement  shall
terminate  upon a  date  not  less  than  [thirty]
FIFTEEN days after  receipt of the notice. If such
breach can be  remedied by repair by the tenant or
payment of damages  by the tenant to the landlord,
and  such  breach   is   not  so  remedied  within
[twenty-one  days] SUCH  FIFTEEN-DAY  PERIOD,  the
rental agreement shall  terminate  except that (1)
if the breach  is  remediable  by  repairs  or the
payment  of  damages  and  the  tenant  adequately
remedies the breach  within  such [twenty-one-day]
FIFTEEN-DAY period, the rental agreement shall not
terminate; or (2) if substantially the same act or
omission for which  notice was given recurs within
six months, the  landlord may terminate the rental
agreement in accordance  with  the  provisions  of
sections 47a-23 to  47a-23b,  inclusive.  For  the
purposes of this section, "serious nuisance" means
(A) inflicting bodily  harm upon another tenant or
the landlord 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 dwelling unit or premises, (C) conduct
which presents an  immediate and serious danger to
the safety of  other  tenants  or the landlord, or
(D) using the premises or allowing the premises to
be used for  prostitution  or  the illegal sale of
drugs OR, IN  THE  CASE  OF  A  HOUSING AUTHORITY,
USING ANY AREA  WITHIN FIFTEEN HUNDRED FEET OF ANY
HOUSING AUTHORITY PROPERTY  IN  WHICH  THE  TENANT
RESIDES FOR THE  ILLEGAL  SALE  OF  DRUGS.  If the
landlord elects to evict based upon an allegation,
pursuant to subsection (g) of section 47a-11, that
the tenant failed  to require other persons on the
premises with his consent to conduct themselves in
a  manner  that  will  not  constitute  a  serious
nuisance, and the  tenant  claims  to  have had no
knowledge of such  conduct,  then, if the landlord
establishes that the  premises  [have]  OR, IN THE
CASE OF A  LANDLORD  THAT  IS A HOUSING AUTHORITY,
THE PREMISES OR  ANY  AREA  WITHIN FIFTEEN HUNDRED
FEET OF ANY  HOUSING  AUTHORITY  PROPERTY IN WHICH
THE TENANT RESIDES  HAS  been used for the illegal
sale of drugs,  the  burden shall be on the tenant
to show that  he  had no knowledge of the creation
of the serious nuisance.
    Sec. 3. Subsection  (a)  of  section 47a-12 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) If there  is  a  material noncompliance by
the  landlord  with  the  rental  agreement  or  a
noncompliance with section  47a-7 which materially
affects health and  safety, the tenant may deliver
a written notice  to  the  landlord specifying the
acts and omissions constituting the breach. If the
breach is not remedied [in twenty-one days] WITHIN
FIFTEEN DAYS AFTER  RECEIPT  OF  THE  NOTICE,  the
rental  agreement  shall   terminate   [nine  days
thereafter] ON SUCH  DATE.  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 tenant 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 tenant
intends  to  terminate  the  rental  agreement  by
vacating the premises,  which date shall be within
thirty days of such breach.
    Sec. 4. Section  47a-5 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    In any borough,  city or town which requires a
certificate of occupancy prior to human habitation
of any building  located  therein, if any building
is occupied in  whole  or  in  part  without  such
occupancy permit, [rent  shall  not be recoverable
by the owner  or  lessor  of the premises for such
period of unlawful occupation] THE OWNER OR LESSOR
OF  THE PREMISES  SHALL  BE  LIABLE  FOR  A  CIVIL
PENALTY OF NOT  MORE  THAN  TWENTY DOLLARS PER DAY
FOR SUCH PERIOD OF UNLAWFUL OCCUPATION.
    Sec. 5. Section 47a-57 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  An apartment  or  dwelling  unit  in  any
structure containing three  or  more housing units
in any municipality which adopts the provisions of
this section by vote of its legislative body shall
not be occupied  for  human  habitation,  after  a
vacancy, until a certificate of occupancy has been
issued by the person designated by the legislative
body  of  such   municipality  to  administer  the
provisions of this  section,  certifying that such
apartment  or  dwelling   unit   conforms  to  the
requirements of the  applicable housing ordinances
of  such  municipality   and   this   chapter.  No
provision  of this  section  shall  apply  to  any
structure  occupied  by   the  owner  thereof  and
containing  three  or   less   housing  units.  No
provision of this  section  shall  be construed to
prohibit  human occupancy  of  such  apartment  or
dwelling   unit  during   the   pendency   of   an
application for such certificate.
    (b) Any person  aggrieved  by the refusal of a
certificate  of  occupancy   may   appeal  to  the
superior court for  the  judicial  district within
which the structure  is located. Such appeal shall
be privileged.
    [(c) No rent shall be recoverable by the owner
or lessor of  such structure for the occupation of
any  apartment  or   dwelling  unit  for  which  a
certificate of occupancy  has  not  been  obtained
prior  to  the  rental  thereof  in  violation  of
subsection (a) of  this section. Any rent received
in violation of  this section shall be immediately
deposited by such  owner  or lessor into an escrow
account in a  financial institution. Such owner or
lessor shall be  escrow agent of such account. The
owner or lessor  shall  maintain  such  account as
escrow agent and  shall not withdraw the amount of
any rents paid  into  such account until such time
as a certificate  of occupancy has been issued for
such apartment or  dwelling  unit  as  provided in
subsection (a) of this section.]
    (c) ANY OWNER  OR LESSOR WHO RECOVERS RENT FOR
THE OCCUPATION OF  ANY  APARTMENT OR DWELLING UNIT
FOR WHICH A  CERTIFICATE OF OCCUPANCY HAS NOT BEEN
OBTAINED PRIOR TO  THE RENTAL THEREOF IN VIOLATION
OF SUBSECTION (a)  OF THIS SECTION SHALL BE LIABLE
FOR  A CIVIL  PENALTY  OF  NOT  MORE  THAN  TWENTY
DOLLARS  PER  DAY  FOR  SUCH  PERIOD  OF  UNLAWFUL
OCCUPATION.
    (d) The provisions  of  this section shall not
apply to any  structure which has been constructed
or substantially reconstructed within the ten-year
period   immediately   before    the   date   such
certificate  of  occupancy   would   otherwise  be
required under this section.
    Sec. 6. Subsection  (c)  of section 47a-26h of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) Any occupant  not  named in the action who
claims not to  be  subject  to the summary process
action because his  occupancy  commenced  prior to
service of the  notice  to  quit  or his occupancy
commenced or continued  with  the  consent  of the
plaintiff or under  a  right  to  occupy  equal or
superior to the  rights  of  the plaintiff may, at
any time before  or  after  judgment  but prior to
issuance of an  execution, file under oath a claim
of exemption from  such  action. The Office of the
Chief Court Administrator  shall  prescribe a form
upon which such  claim  can  be  made,  which form
shall be in  clear  and  simple  language  and  in
readable format. Upon  the filing of such a claim,
the clerk shall schedule a hearing, which shall be
held not more  than  seven  days after the date of
filing. Execution shall  not issue until the court
renders its decision  on  the  claim. The claimant
shall have the  burden  of  proof to show that his
occupancy commenced prior to service of the notice
to quit or  that  his  occupancy  was commenced or
continued with the  consent  of  the  plaintiff or
under a right  to  occupy equal or superior to the
rights of the plaintiff. The burden of proof shall
be upon the plaintiff to show that he did not know
of the presence of the occupant or the name of the
occupant, as the case may be. For purposes of this
chapter, if rent  or  use  and  occupancy payments
have been made  to  the  plaintiff or his agent by
the occupant, the  plaintiff  shall  be  deemed to
have known of  the  presence  and  the name of the
occupant. The court  shall  determine  whether the
claimant is bound  by the action and, if the court
finds that the  claimant  is  not  bound, it shall
declare the claimant to be exempt from the action.
In order to  obtain  a  judgment for possession of
the premises as  part of such action the plaintiff
shall serve the  previously exempt occupant with a
notice  to quit  possession  pursuant  to  section
47a-23. If the  occupant  is  still  in possession
after the date  to quit possession has passed, the
plaintiff shall serve the occupant with an amended
writ, summons and complaint adding the occupant as
a  party  defendant  to  such  action  of  summary
process. Any occupant  not  exempt from the action
shall have the  same  rights  and obligations as a
named  defendant  and   shall   be  bound  by  any
judgment.   Notwithstanding  the   provisions   of
section 47a-42, no summary process execution shall
be issued or  enforced  unless valid execution has
been issued against all occupants of the premises,
except  that such  execution  may  be  issued  and
enforced, without issuing  or  enforcing execution
against other occupants,  upon  a  person  against
whom a judgment  has  been entered based upon that
person's  having conducted  himself  in  a  manner
which constitutes a  serious nuisance by using the
premises OR ANY  AREA  WITHIN FIFTEEN HUNDRED FEET
OF ANY HOUSING  AUTHORITY  PROPERTY  IN WHICH SUCH
PERSON RESIDES for  the  illegal sale of drugs, as
defined in subparagraph  (D) of section 47a-15, AS
AMENDED BY SECTION 2 OF THIS ACT.
    Sec. 7. Section 47a-42 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Whenever a  judgment  is entered against a
defendant  pursuant to  section  47a-26,  47a-26a,
47a-26b or 47a-26d  FOR THE RECOVERY OF POSSESSION
OR  OCCUPANCY  OF   RESIDENTIAL   PROPERTY,   such
defendant and any  other  occupant  bound  by  the
judgment  by subsection  (a)  of  section  47a-26h
shall forthwith remove  himself,  his  possessions
and all personal effects unless execution has been
stayed  pursuant to  sections  47a-35  to  47a-41,
inclusive.  If execution  has  been  stayed,  such
defendant  or  occupant   shall  forthwith  remove
himself, his possessions  and all personal effects
upon the expiration  of  any stay of execution. If
the  defendant or  occupant  has  not  so  removed
himself  upon entry  of  a  judgment  pursuant  to
section 47a-26, 47a-26a,  47a-26b  or 47a-26d, and
upon expiration of  any  stay  of  execution,  the
plaintiff  may  obtain   an  execution  upon  such
summary process judgment,  and  THE  DEFENDANT  OR
OTHER OCCUPANT BOUND BY THE JUDGMENT BY SUBSECTION
(a) OF SECTION  47a-26h  AND  the  possessions and
personal  effects  of   such  defendant  or  other
occupant [bound by  the judgment by subsection (a)
of section 47a-26h] may be removed by a sheriff or
his deputy, pursuant  to  such execution, and SUCH
POSSESSIONS AND PERSONAL EFFECTS MAY BE set out on
the adjacent sidewalk, street or highway.
    (b) Before any  such  removal,  the sheriff or
deputy  charged  with   executing  upon  any  such
judgment  of  eviction   shall   give   the  chief
executive officer of  the  town  twenty-four hours
notice of the eviction, stating the date, time and
location of such  eviction  as  well  as a general
description, if known,  of the types and amount of
property to be  removed  from the premises. Before
giving such notice  to the chief executive officer
of the town,  the  sheriff  or  deputy  shall  use
reasonable  efforts  to   locate  and  notify  the
defendant of the date and time such eviction is to
take  place and  of  the  possibility  of  a  sale
pursuant to subsection  (c)  of this section. Such
notice shall include  service  upon each defendant
and upon any  other  person  in  occupancy, either
personally or at  the  premises, of a true copy of
the  summary  process  execution.  Such  execution
shall be on  a  form  prescribed  by  the Judicial
Department, shall be  in clear and simple language
and in readable  format,  and  shall  contain,  in
addition to other  notices  given to the defendant
in the execution,  a  conspicuous notice, in large
boldface type, that  a person who claims to have a
right to continue  to  occupy  the premises should
immediately contact an attorney.
    (c)  Whenever  the  possessions  and  personal
effects  of  a   defendant  are  set  out  on  the
sidewalk,  street  or   highway,   and   are   not
immediately removed by  the  defendant,  the chief
executive officer of  the  town  shall  remove and
store the same.  Such removal and storage shall be
at  the  expense   of   the   defendant.  If  such
possessions and effects  are not called for by the
defendant and the  expense  of  such  removal  and
storage is not paid to the chief executive officer
within fifteen days after such eviction, the chief
executive officer shall  sell  the  same at public
auction, after using  reasonable efforts to locate
and notify the  defendant  of  such sale and after
posting notice of  such  sale  for one week on the
public signpost nearest  to  the  place  where the
eviction was made,  if  any,  or  at some exterior
place near the office of the town clerk. The chief
executive officer shall  deliver  to the defendant
the net proceeds  of  such  sale,  if  any,  after
deducting  a reasonable  charge  for  removal  and
storage of such  possessions  and  effects. If the
defendant does not  demand the net proceeds within
thirty days after  such  sale, the chief executive
officer shall turn  over  the  net proceeds of the
sale to the town treasury.
    Sec.  8. (NEW)  (a)  Whenever  a  judgment  is
entered against a  defendant  pursuant  to section
47a-26, 47a-26a, 47a-26b or 47a-26d of the general
statutes  for  the   possession  or  occupancy  of
nonresidential property, such  defendant  and  any
other occupant bound by the judgment by subsection
(a) of section  47a-26h  of  the  general statutes
shall forthwith remove  himself,  his  possessions
and all personal effects unless execution has been
stayed  pursuant to  sections  47a-35  to  47a-41,
inclusive, of the  general  statutes. If execution
has been stayed,  such defendant or occupant shall
forthwith remove himself,  his possessions and all
personal effects upon  the  expiration of any stay
of execution. If the defendant or occupant has not
so  removed  himself  upon  entry  of  a  judgment
pursuant to section  47a-26,  47a-26a,  47a-26b or
47a-26d  of  the   general   statutes,   and  upon
expiration of any stay of execution, the plaintiff
may obtain an  execution upon such summary process
judgment,  and the  defendant  or  other  occupant
bound by the judgment by subsection (a) of section
47a-26h   of  the   general   statutes   and   the
possessions and personal effects of such defendant
or other occupant  may  be  removed as provided in
this section.
    (b)  The  sheriff   or   deputy  charged  with
executing upon any  such  summary process judgment
shall, at least  twenty-four  hours  prior  to the
date and time  of  the  eviction,  use  reasonable
efforts to locate  and  notify  the  defendant  or
occupant of the  date and time such eviction is to
take place. Such notice shall include service upon
each  defendant  and  upon  any  other  person  in
occupancy, either personally  or  at the premises,
of a true  copy  of the summary process execution.
Such execution shall  be  on  a form prescribed by
the Judicial Department,  shall  be  in  clear and
simple language and  in readable format, and shall
contain, in addition to other notices given to the
defendant  or  occupant   in   the   execution,  a
conspicuous notice, in large boldface type, that a
person who claims  to  have a right to continue to
occupy the premises  should immediately contact an
attorney. Such execution  shall  contain  a notice
advising the defendant or occupant that if he does
not remove his  possessions  and  personal effects
from the premises by the date and time set for the
eviction  and  thereafter   fails  to  claim  such
possessions and personal effects from the landlord
and  pay any  removal  and  storage  costs  within
fifteen days after the date of such eviction, such
possessions and personal effects will be forfeited
to the landlord.
    (c)  The sheriff  or  deputy  who  served  the
execution  upon  the   defendant  or  occupant  as
provided in subsection  (b)  of this section shall
return to the  premises  at the date and time such
eviction is to  take  place.  If  the defendant or
occupant  has  not   removed   himself   from  the
premises, the sheriff  or deputy shall remove such
defendant  or  occupant.   If   the  defendant  or
occupant  has  not  removed  his  possessions  and
personal effects from the premises, the plaintiff,
in the presence  of  the  sheriff or deputy, shall
prepare  an  inventory  of  such  possessions  and
personal  effects  and  provide  a  copy  of  such
inventory to the  sheriff or deputy. The plaintiff
shall  remove  and   store   such  possessions  or
personal effects or  shall  store  the same in the
premises. Such removal  and  storage or storage in
the  premises shall  be  at  the  expense  of  the
defendant. If such possessions and effects are not
called for by  the  defendant  or occupant and the
expense of such  removal and storage or storage in
the premises is  not  paid to the plaintiff within
fifteen days after such eviction, the defendant or
occupant  shall  forfeit   such   possessions  and
personal  effects  to   the   plaintiff   and  the
plaintiff  may  dispose   of   them  as  he  deems
appropriate.
    Sec. 9. Subsection  (a)  of section 47a-23a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) If, at  the expiration of the [five] THREE
days PRESCRIBED IN  SECTION  47a-23, AS AMENDED BY
SECTION 10 OF  THIS  ACT,  the  lessee or occupant
neglects  or  refuses   to   quit   possession  or
occupancy of the premises, any commissioner of the
Superior  Court may  issue  a  writ,  summons  and
complaint which shall be in the form and nature of
an ordinary writ, summons and complaint in a civil
process,  but  which   shall   set   forth   facts
justifying a judgment  for immediate possession or
occupancy of the  premises  and  make  a claim for
possession or occupancy  of  the  premises. IF THE
CLAIM  IS  FOR  THE  POSSESSION  OR  OCCUPANCY  OF
NONRESIDENTIAL  PROPERTY, THE  WRIT,  SUMMONS  AND
COMPLAINT MAY ALSO MAKE A CLAIM FOR THE FORFEITURE
TO THE PLAINTIFF  OF  THE POSSESSIONS AND PERSONAL
EFFECTS  OF  THE   DEFENDANT  IN  ACCORDANCE  WITH
SECTION  8 OF  THIS  ACT.  If  the  plaintiff  has
properly issued a  notice to quit possession to an
occupant  by alias,  if  permitted  to  do  so  by
section 47a-23, AS  AMENDED  BY SECTION 10 OF THIS
ACT, and has no further identifying information at
the time of  service  of  the  writ,  summons  and
complaint, such writ,  summons  and  complaint may
also name and  serve such occupant or occupants as
defendants. In any  case in which service is to be
made upon an  occupant  or occupants identified by
alias, the complaint  shall  contain an allegation
that the plaintiff  does not know the name of such
occupant or occupants.  Such  complaint  shall  be
returnable to the  Superior  Court. Such complaint
may be made  returnable six days, inclusive, after
service upon the  defendant  and shall be returned
to court at  least  three  days  before the return
day. Such complaint  may  be  served on any day of
the  week.  Notwithstanding   the   provisions  of
section 52-185 no  recognizance  shall be required
of a complainant appearing pro se.
    Sec. 10. Subsection  (a)  of section 47a-23 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) When the  owner  or  lessor,  or his legal
representative,   or   his   attorney-at-law,   or
in-fact, desires to obtain possession or occupancy
of any land  or  building,  any  apartment  in any
building, any dwelling  unit,  any trailer, or any
land upon which  a  trailer is used or stands, and
(1) when a  rental  agreement  or  lease  of  such
property,  whether  in   writing   or   by  parol,
terminates for any  of  the following reasons: (A)
By lapse of  time;  (B) by reason of any expressed
stipulation therein; (C)  violation  of the rental
agreement or lease  or of any rules or regulations
adopted in accordance with section 47a-9 or 21-70;
(D) nonpayment of  rent  within  the  grace period
provided  for  residential   property  in  section
47a-15a or 21-83;  (E) nonpayment of rent when due
for commercial property;  (F) violation of section
47a-11 or subsection  (b)  of  section  21-82; (G)
nuisance, as defined in section 47a-32, or serious
nuisance, as defined  in  section 47a-15 or 21-80;
or (2) when such premises, or any part thereof, is
occupied by one who never had a right or privilege
to  occupy  such   premises;   or   (3)  when  one
originally had the  right  or  privilege to occupy
such premises but  such  right  or  privilege  has
terminated;  or (4)  when  an  action  of  summary
process or other  action to dispossess a tenant is
authorized under subsection (b) of section 47a-23c
for any of  the  following reasons: (A) Refusal to
agree to a  fair  and  equitable rent increase, as
defined in subsection  (c) of section 47a-23c, (B)
permanent removal by  the landlord of the dwelling
unit of such  tenant  from  the housing market, or
(C) bona fide  intention  by  the  landlord to use
such dwelling unit  as his principal residence; or
(5) when a  farm employee, as described in section
47a-30, or a  domestic servant, caretaker, manager
or other employee,  as described in subsection (b)
of   section  47a-36,   occupies   such   premises
furnished by his employer and fails to vacate such
premises after his  employment  is  terminated  by
himself or his  employer  or  after  he  fails  to
report for employment,  such  owner  or lessor, or
his legal representative,  or his attorney-at-law,
or in-fact, shall  give  notice  to each lessee or
occupant to quit  possession  or occupancy of such
land, building, apartment  or  dwelling  unit,  at
least [five] THREE  days before the termination of
the rental agreement  or  lease, if any, or before
the time specified in the notice for the lessee or
occupant to quit possession or occupancy.
    Sec.  11.  Section   47a-25   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    When,  in  any  written  lease  of  any  land,
building, apartment or  dwelling  unit,  notice to
quit possession has  been  expressly waived by the
lessee in the event such lease terminates by lapse
of time, the  [five] THREE days' notice prescribed
in sections 47a-23 and 47a-23a, AS AMENDED BY THIS
ACT, shall not  be  necessary;  and  complaint and
summons may issue  in  the  same manner as if such
notice to quit had been previously given.

Approved June 24, 1997