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is repealed and the following is substituted in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