Conn. Gen. Stat. § 47-2 — Connecticut Code / Title 47 / Chapter 821 / Section 47-2
Sec. 47-2. Charitable uses.
Status: in_force

Land conveyed to a society's committee, and their successors, passes to the successors. 2 R. 298. Statute was passed in 1684; but, as it did not appear in the printed statutes before the revision of 1702, it is generally called the statute of “1702”; in 1821, the clause of the original act, exempting such property from taxation, was struck out; who can take under section and what evidence is admissible to identify devisees. 2 R. 298; 6 C. 292; 11 C. 60; 15 C. 274; 16 C. 291; 23 C. 34; 92 C. 110; 98 C. 332. Diversion of fund to another charity illegal. 3 D. 450. Division of church lands between different societies. 4 D. 360. Deaf and dumb asylum a charity. 4 C. 172. “Estates” includes money at interest. 6 C. 227. When land given to charitable uses is exempt from taxation. 7 C. 335; 10 C. 490; 11 C. 251; 14 C. 228; 36 C. 116; 85 C. 674; 87 C. 474; 88 C. 241. Diversion of fund from charitable use by return to donors illegal. 12 C. 113; 54 C. 342; 67 C. 554. Bequest to unincorporated charitable institution sustained; 17 C. 181; and also a devise. 98 C. 333. No exemption from taxation under former exempting clause unless express terms of grant impress upon the land a perpetual sequestration for the pious or charitable use. 21 C. 481. Bequest to “pious indigent young men” void for uncertainty. 22 C. 50. Devise of land to a town, income to be used for repairing highways and bridges, is for a public and charitable use. 24 C. 350. Education of Indian and African youth a charitable use. 30 C. 113. Land devoted to charitable uses, and so exempt from taxation, when conveyed in fee, becomes taxable. Id., 160. Lease for 999 years for a gross sum is practically a conveyance in fee simple, and land is taxable; such a lease is in fraud of statute. 31 C. 407; 72 C. 370. Property conveyed to charitable uses before 1821 is not taxable unless legislature expressly makes it so; property so conveyed after revision of 1821 is taxable. 38 C. 287. Land devoted to a public use cannot be taken for another inconsistent public use without legislative authority, express or necessarily implied. 43 C. 240. Lessee's taxable building on lessor's exempt land. 51 C. 259. What is sufficient description of class of beneficiaries. Id., 377; 52 C. 412; 54 C. 21; Id., 352; 55 C. 166; 57 C. 147; Id., 275; 63 C. 125; Id., 378; 67 C. 566; 68 C. 527; 71 C. 122; 93 C. 351. Charitable trusts are favored; 67 C. 243; 68 C. 532; 93 C. 350; 102 C. 417; 113 C. 232; but if insufficiently created, equity cannot aid them. 82 C. 504. Trust to church of particular denomination is within statute. 67 C. 565; 98 C. 322. Trust cannot be terminated; but as to cy pres doctrine, see 67 C. 566; 85 C. 309; 99 C. 33. Incidental benefit to taxpayers does not take gift out of statute. 68 C. 527. Trusts for cemetery lots. 73 C. 58; Id., 678. Under gift to “Institution for, etc., in New York”, “New York Society for” may take. Id., 670. Trust for benefit of destitute seamen; for a “home for ladies of advanced age”. 74 C. 586. These trusts are not within statute of perpetuities. Id.; 75 C. 86; 109 C. 544. Motive which leads one to establish trust is of no consequence. 74 C. 588. Gift to advent society to combat the idea of immortality. 75 C. 83. Improper acts of trustee will not terminate it. 85 C. 309. See 74 C. 586. Effect of gift to a charitable corporation. Id., 586; 90 C. 592. Trust in aid of destitute children in a home. Id. Power of legislature to order sale of property devoted to charitable trust. 5 Wall. 119. Less certainty in description of ultimate beneficiaries necessary where gift goes to charitable corporation. 100 C. 517. When public charitable corporation need not qualify in Probate Court as testamentary trustee. Id., 520. Where recipients of public charity are unascertainable, Attorney General must represent them. 106 C. 590. Cited. 108 C. 140; 138 C. 146. In the case of gifts to charities, the ordinary rule against accumulations does not apply. 113 C. 205. No distinction in legal effect between a charitable and a religious use. Id., 232. What constitutes a “charitable use”. 123 C. 549. Gift for establishment of chapel a charitable use. 126 C. 290. Ordinarily, a bequest to such educational institutions as trustee may select is charitable. Id., 674. Acceptance of lands for use as a park charitable. 129 C. 112. There can be no essential change in the use of the land. 130 C. 527. The maintenance in perpetuity of testatrix's home as depository for the ashes of herself and daughter not a charitable use. 133 C. 728. Property once dedicated to use of a church of polity may not be diverted to the use of a church of a different polity. 137 C. 1. Does not mean that any particular piece of land which has once been used for a cemetery must continue forever to be used for that purpose. 138 C. 434. Cited. 151 C. 517. Court held that amount in excess of particular purpose was invalid and was intestate property. Id., 527. Statute did not impair state's sovereign power to condemn property accepted and dedicated as public park, but municipal owner is required to hold proceeds of condemnation award subject to substantially same restriction as that placed on lands by their dedication for park purposes. 154 C. 692. Discussed re restrictive covenant for use as addition to public school site, valuation when taken by eminent domain. 164 C. 337. Lands and property owned by a charitable organization devoted to a charitable public use may not be used for commercial purposes unless reasonably necessary to continue the charitable purpose of such organization. 168 C. 447. Cited. 172 C. 496; 209 C. 429; 225 C. 32.

Any organization to be classed as a charitable organization under statute must have the administration of charity as one of its ultimate purposes; a Masonic lodge which practices charity incidental to the accomplishment of its ultimate purpose is not such a charity. 4 CS 14. Testamentary trust for the erection and maintenance of a cemetery chapel to the memory of the testator's mother is not invalid because it is not limited to the period of perpetuities. 7 CS 251. Trust once established for any particular religious or charitable use remains for that use forever and to no other use whatever. 12 CS 352. Not essential to charitable character of use that only the mendicant, impecunious or poor receive its benefactions. 13 CS 372. Section passed in 1684; sometimes variously known as the “Statute of Elizabeth” or as “The Statute of Charitable Uses” or as “The Statute of 1702”. 17 CS 169. Applicability of cy pres doctrine or doctrine of approximation depends on proof of general dominant charitable intent to which particular expressed intent is secondary. 27 CS 176. Since adherence to settlors' religious limitation would defeat their dominant intent, doctrine of approximation should be invoked to allow trustees to ignore limitation. 28 CS 468.
Conn. Gen. Stat. § 47-33k — Connecticut Code / Title 47 / Chapter 821 / Section 47-33k
Sec. 47-33k. Construction.
Status: in_force

Cited. 183 C. 59; 219 C. 81; 239 C. 199.

Cited. 3 CA 550; 44 CA 683; 46 CA 525.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-229 — Connecticut Code / Title 47 / Chapter 828 / Section 47-229
Sec. 47-229. Exercise of development rights.
Status: reserved

(b) Development rights may be reserved within any real property added to the common interest community if the amendment adding that real property includes all matters required by section 47-224 or 47-225 , as the case may be, and, in a condominium or planned community, the surveys and plans include all matters required by section 47-228 . This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to subdivision (8) of subsection (a) of section 47-224 .

(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements or both: (1) If the declarant converts the unit entirely to common elements, the amendment to the declaration shall reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; and (2) if the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration shall reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

(d) If the declaration provides, pursuant to subdivision (8) of subsection (a) of section 47-224 , that all or a portion of the real property is subject to a right of withdrawal: (1) If all the real property is subject to withdrawal, and the declaration does not describe separate portions of real property subject to that right, none of the real property may be withdrawn after a unit has been conveyed to a purchaser; and (2) if any portion is subject to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed to a purchaser.

(e) If a declarant fails to exercise any development right within the time limit described in the declaration pursuant to subdivision (8) of subsection (a) of section 47-224 and in accordance with any conditions or limitations described in the declaration pursuant to subdivision (10) of said subsection, or records an instrument surrendering a development right, that development right shall lapse.
Conn. Gen. Stat. § 47-220 — Connecticut Code / Title 47 / Chapter 828 / Section 47-220
Sec. 47-220. Creation of common interest community.
Status: in_force

(b) A declaration, or an amendment to a declaration adding units, may not be recorded unless all structural components of all buildings containing or comprising any units thereby created are substantially completed in accordance with the plans, as evidenced by a recorded certificate of completion executed by a registered engineer, surveyor or architect.

Cited. 208 C. 318.

Cited. 38 CA 420; 44 CA 107.

Subsec. (b):

Common Interest Ownership Act allows for creation of common interest communities consisting entirely of airspace units; with such a community, requirement of substantial completion is inapplicable and the declaration may be filed prior to any anticipated construction of buildings within the unit. 282 C. 393.
Conn. Gen. Stat. § 47a-3d — Connecticut Code / Title 47a / Chapter 830 / Section 47a-3d
Sec. 47a-3d. (Formerly Sec. 47-22). Holding over not evidence of new lease. Determination of monthly lease.
Status: in_force

Before statute, a tenant under a lease for 1 year holding over was responsible for another term on the same conditions. 9 C. 338. Under statute, mere holding over no evidence of new lease. 66 C. 432. To constitute a lease from month to month under section, three things are requisite: a parol lease, a monthly rent and no agreed time for termination of the lease. 67 C. 570. Lessor's duty to repair, under lease within statute. 73 C. 173; 74 C. 710; 131 C. 76; 132 C. 50. Effect of holding over after tenancy for 1 month. 74 C. 610; 80 C. 504; so, after oral lease for term of years with annual rental. Id., 453. Parol lease with monthly rental, to continue as long as lessee desires, is in statute. Id., 607. Oral lease for 3 years not in statute. 82 C. 413. Effect of lease reserving rentals weekly, monthly or yearly, with no definite termination. 83 C. 407; 94 C. 458. Written lease for definite term not in statute. 91 C. 152. Holding over on monthly rental after termination of 5 year lease is tenancy from month to month. 94 C. 456. Effect of holding over after 10 year lease with power of renewal unexercised. 95 C. 465. Payment of rent by tenant holding over did not constitute new lease. 115 C. 291. Effect of holding over covered by terms of lease. 116 C. 86. Where offer and acceptance of new lease not clear, holding over is within statute. 119 C. 428. A tenancy may be renewed where, in addition to holding over, there is acquiescence by the landlord. Id.; 128 C. 497. Cited. 125 C. 551. Statute applied with reference to damages under Emergency Price Control Act. 131 C. 131; 132 C. 58. Where there is dispute as to any essential terms of new tenancy, no lease can be implied from tenant's holding over. 136 C. 603. In month to month tenancy, when landlord insists on one rental and tenant on another, there is no meeting of minds and no contract. 137 C. 513. Cited. 140 C. 219; 148 C. 21; 196 C. 591.

Cited. 5 CA 302; 16 CA 574; 33 CA 570; 43 CA 113.

Cited. 18 CS 491. Where there is no agreement as to terms of continued occupancy by tenant at sufferance, he is liable for reasonable rental value of premises. 23 CS 504. Cited. 38 CS 683.

Where lease includes provision for lessee's option to extend lease and no notice of extension is required by lease, mere continuation of occupancy, at end of original term, is sufficient exercise of option. 2 Conn. Cir. Ct. 34. Tenant on month-to-month basis who refused to pay increased rent and vacated premises but left in full operation a large commercial sign, held liable for reasonable value of continued use and occupancy. 5 Conn. Cir. Ct. 427.
Conn. Gen. Stat. § 47-280 — Connecticut Code / Title 47 / Chapter 828 / Section 47-280
Sec. 47-280. Declarant's obligation to complete and restore.
Status: reserved

(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by section 47-229 , 47-230 , 47-231 , 47-232 , 47-234 or 47-235 .

Subsec. (a):

Re site plan and improvements depicted therein, where a declarant reserves right to withdraw land from condominium development, Subsec. limits that right by holding declarant responsible for building any improvements depicted in site plan that are not labeled “NEED NOT BE BUILT”. 294 C. 311.
Conn. Gen. Stat. § 47-290 — Connecticut Code / Title 47 / Chapter 828 / Section 47-290
Sec. 47-290. Eviction of conversion tenants.
Status: in_force

(b) After a transition period ends, a conversion tenant may be evicted for any reason permitted by law, including expiration of the tenant's lease, unless protected by section 47a-23c .

(c) During any period of occupancy by a conversion tenant between the expiration of the conversion tenant's lease and the expiration of the transition period, the landlord and the conversion tenant shall comply with the substantive provisions of the expired lease and with any regulations previously adopted by the landlord in accordance with section 47a-9 .

(d) (1) Except as provided in subdivision (2), if (A) a tenant vacates a dwelling unit or removes a dwelling unit from a mobile manufactured home park after receiving a notice to quit based on a reason other than a reason listed in subdivision (1) of subsection (b) of section 47a-23c ; and (B) the dwelling unit or the space or lot in a mobile manufactured home park occupied by such tenant becomes a converted unit, as defined in subsection (2) of section 47-283 , within nine months of the date of such notice to quit; and (C) no other tenant subsequently occupied the dwelling unit or the space or lot before it became a converted unit, that tenant shall be entitled to the benefits provided to a conversion tenant under sections 47-284 , 47-285 and 47-287 . The notice required by section 47-284 shall be given to such tenant by mailing the notice to him at his last-known address.

(2) The rights provided by section 47-285 do not apply to a tenant who, before eviction, occupied a unit or a space or lot in a mobile manufactured home park which will be restricted exclusively to nonresidential use or the boundaries of which do not substantially conform to the dimensions of the unit or the space or lot before conversion.

(3) A tenant in possession may, as a defense to a summary process action or other action for possession based upon a reason other than a reason listed in subdivision (1) of subsection (b) of section 47a-23c , or in an independent action brought by such tenant, introduce evidence of the owner's intent to create a common interest community which will include such tenant's dwelling unit or the space or lot in a mobile manufactured home park on which such tenant's dwelling unit sits or the owner's intent to convey such tenant's dwelling unit or space or lot to another person who intends to create a common interest community. If the court finds that there is a substantial probability that the owner or his successor in interest will create a common interest community within nine months from the date the action by the owner or tenant was instituted, the court shall enjoin the action for possession and may grant other appropriate relief. If the owner or his successor in interest intends to substantially rehabilitate the property before conversion and such rehabilitation cannot be reasonably accomplished if the tenant remains in occupancy, in lieu of enjoining the dispossession of the tenant, the court may make reasonable provisions to insure that the tenant receives adequate time to locate other housing and that the tenant will receive the benefits to which a conversion tenant is entitled under sections 47-284 , 47-285 and 47-287 .

Cited. 209 C. 15.
Conn. Gen. Stat. § 47a-20e — Connecticut Code / Title 47a / Chapter 830 / Section 47a-20e
Sec. 47a-20e. Protection of tenant in foreclosed property.
Status: in_force

(1) “Bona fide tenant” means a tenant who (A) is not the mortgagor or owner of the property, and (B) entered into the rental agreement in an arms-length transaction; and

(2) “Premises”, “rental agreement” and “tenant” have the same meanings as provided in section 47a-1 .

(b) Whenever a mortgage or lien of residential real property has been foreclosed and there is a bona fide tenant in possession on the date absolute title to the property vests in the mortgagee, lienholder or successor in interest, any execution of ejectment issued pursuant to section 49-22 against such tenant shall be stayed and no summary process action pursuant to chapter 832 or other action to dispossess such tenant shall be commenced until (1) in the case of a written rental agreement entered into more than sixty days before the commencement of the foreclosure action, the expiration date contained in such rental agreement or sixty days after the date absolute title vests in the mortgagee, lienholder or successor in interest, whichever occurs first, or (2) in the case of a rental agreement other than one described in subdivision (1) of this subsection, thirty days after the date absolute title vests in the mortgagee, lienholder or successor in interest, except that a summary process action or other action to dispossess such tenant may be commenced prior to such date for a reason set forth in section 47a-23 or 47a-31 other than for the reason that the tenant no longer has the right or privilege to occupy the premises as a result of such judgment of foreclosure.
Conn. Gen. Stat. § 47a-14g — Connecticut Code / Title 47a / Chapter 830 / Section 47a-14g
Sec. 47a-14g. (Formerly Sec. 19-347q). Tenement receivership: Judgment and appointment of receiver after failure to comply with order.
Status: in_force

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47a-26 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-26
Sec. 47a-26. (Formerly Sec. 52-534). Failure to appear. Judgment.
Status: in_force

Annotations to former section 52-534:

Execution can only run against defendant. 12 C. 261. Assignment of lessor's title, not followed by attornment, no defense. 14 C. 278. Each party may peremptorily challenge 2 jurors. 20 C. 520. Tenant estopped to deny title of his lessor; subsequent “title” defined. 33 C. 156. Forfeiture for nonpayment of rent, how far barred by matter of recoupment. Id., 210. Breach of condition no termination of lease, unless so expressly provided. 34 C. 528. Formerly, after reversal on writ of error, cause could not be entered and retried in Superior Court. 39 C. 308. Certain pleadings in, considered. 73 C. 83. Mere option or equitable right in lessee to renew lease no defense. 75 C. 186; 86 C. 212. Formerly, means to review erroneous action by city court was by writ of error to Supreme Court. 79 C. 308, see also 86 C. 32. Effect of failure to plead notice to quit. 79 C. 100. Estoppel from withdrawal of action and acceptance of rent. 80 C. 504. Justification under new void lease held demurrable. 86 C. 32. Waiver of condition broken is a defense. 92 C. 144. Formerly, writ of error was proper method of review; Id., 150; and was brought under Sec. 52-274; 96 C. 626; appeal will be erased from docket on motion; 95 C. 69; errors must be specifically assigned. 91 C. 671; 102 C. 696. Relief in equity against process. 93 C. 638; 96 C. 630; Id., 645. Rulings on evidence may be reviewed only by bill of exceptions setting forth all circumstances surrounding each ruling. 102 C. 696; 104 C. 293. Remedy limited to cases where issue of termination of lease presents simple question of fact; does not include cases involving questions de construction of leases. 102 C. 695. Formerly, initial review was by writ of error; if such writ was taken to superior or common pleas court, appeal lay therefrom to Supreme Court. 125 C. 543. Cited. 131 C. 530; 134 C. 649.

Formerly, review in summary process was obtained by writ of error. 15 CS 141. Judge of municipal court had no power to order stay of execution of judgment in summary process action; mandamus would not issue to order him to do so. 19 CS 41.

Cited. 3 Conn. Cir. Ct. 561.

Annotations to present section:

Cited. 217 C. 313.

Cited. 1 CA 439.

Cited. 34 CS 699. It was proper to exclude issue of illegality of contract from consideration in summary process. 35 CS 549. Cited. 36 CS 47; 38 CS 70.
Conn. Gen. Stat. § 47-239a — Connecticut Code / Title 47 / Chapter 828 / Section 47-239a
Sec. 47-239a. Termination and dissolution of master association. Establishment of nonstock corporation.
Status: in_force

(A) On the written consent of unit owners owning not less than twenty-five per cent of the units in the constituent common interest communities of such master association, the master association shall be terminated and dissolved and shall convey all assets owned by the master association to a new nonstock corporation that shall be formed not later than sixty days after the termination and dissolution of the master association.

(B) The associations of unit owners of the constituent common interest communities shall be the members of the new nonstock corporation. Each of the member associations shall appoint one person to be a member of the board of directors of the new nonstock corporation. Each member of the board of directors of the new nonstock corporation shall have one equal vote on matters to be voted on by the board of directors.

(C) The unit owners of each constituent common interest community shall have equal rights to utilize the facilities owned by the new nonstock corporation and each constituent common interest community shall share in the cost of the operation, maintenance, repair and replacement of the facilities of the new nonstock corporation on the basis of the number of units in each constituent common interest community as a percentage of the total number of units in all constituent common interest communities that comprise the master association.

(D) The Superior Court shall have jurisdiction to enter such orders as may be appropriate in the circumstances to implement the termination and transfer and the organization and operation of the new nonstock corporation.
Conn. Gen. Stat. § 47a-20 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-20
Sec. 47a-20. (Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
Status: in_force

See Sec. 7-148f re penalty for violation of order of rent reduction or rent suspension.

See Sec. 47a-33 re defense that action is retaliatory.

Annotation to former section 19-375a:

Defense of retaliatory eviction not available in summary process action for nonpayment of rent. 34 CS 594.

Annotations to present section:

Cited. 217 C. 313.

Cited. 4 CA 608. Subdiv. (3): Protection of statute not invoked unless repair requested is necessary to maintain premises in a fit and habitable state. 16 CA 444. Cited. 32 CA 133; 45 CA 46. Sec. 47a-20a contains four exclusive grounds by which a landlord may rebut a presumption of retaliation under this section and because landlord did not prove at least one of those four grounds, he did not rebut the presumption of retaliation under this section. 91 CA 142. Language does not confer a private cause of action. 98 CA 147.

Cited. 35 CS 233. Retaliatory eviction defense is not a right given to tenants, rather a limitation upon remedies of landlord intended to protect tenant who had complained of housing code violation; tenant's request to landlord to unclog bathtub drain does not constitute a repair sufficient to raise the presumption of retaliatory defense; under Subdiv. (3), “repairs” means repairs of substantial code violations; repairs required to conform a dwelling unit to basic structural, mechanical and housing code regulations are the types contemplated to raise presumption of retaliatory defense; establishment of prima facie case by tenant gives rise to presumption of retaliatory action by landlord; prima facie case results when tenant has produced sufficient evidence to bring himself within one or more of the specified acts; presumption of retaliatory action is rebuttable; to rebut, landlord is required to establish legitimate interest in the eviction; landlord has burden of producing substantial countervailing evidence and of proving facts which fairly put in issue the presumed fact; Subdiv. (1) contains language nearly identical to that of Sec. 47a-33; Subdiv. (1) and three others in section are intended to trigger defense of retaliatory action. Id., 261. Cited. 36 CS 47; 38 CS 370; Id., 683; 40 CS 470.
Conn. Gen. Stat. § 47a-56k — Connecticut Code / Title 47a / Chapter 833a / Section 47a-56k
Sec. 47a-56k. Authorization of state bonds for purposes of the Housing Receivership Revolving Fund.
Status: in_force

(b) All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Commissioner of Housing and states such terms and conditions as said commission in its discretion may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made and the Treasurer shall pay such principal and interest as the same become due.
Conn. Gen. Stat. § 47-214 — Connecticut Code / Title 47 / Chapter 828 / Section 47-214
Sec. 47-214. Applicability of chapter and amendments thereto to common interest communities.
Status: in_force

Cited. 228 C. 476.

Cited. 7 CA 496; 41 CA 249.
Conn. Gen. Stat. § 47a-56d — Connecticut Code / Title 47a / Chapter 833a / Section 47a-56d
Sec. 47a-56d. (Formerly Sec. 19-347c). Receiver: Bond required. Powers and duties.
Status: in_force

(b) The receiver shall with all reasonable speed remove the delinquent matters and deficiencies in the property constituting a serious fire hazard or a serious threat to life, health or safety. During the term of the receivership the receiver shall repair and maintain the property in a safe and healthful condition. The receiver shall have the power to let contracts in accordance with the provisions of local laws, ordinances, rules and regulations applicable to contracts for public works. Notwithstanding any such laws, ordinances, rules or regulations, the receiver may let contracts or incur expenses for individual items of repairs, improvements or supplies without advertisement or the procurement of competitive bids where the total amount of any such individual item does not exceed five hundred dollars or where there exists a condition which constitutes an imminent and substantial danger to life, health or safety, but in such event the receiver shall endeavor to obtain contracts on the most advantageous terms.

(c) The receiver shall collect the accrued and accruing rents, issues and profits of the property and apply the same to the cost of removing or remedying such nuisance, to the payment of expenses reasonably necessary to the proper operation and management of the property, including insurance and the fees of the managing agent, if any, and to unpaid taxes, assessments, water rents and sewer rents and penalties and interest thereon.

(d) If the income of the property is insufficient to cover the cost of remedying or removing such nuisance, the municipality may advance to the receiver any sums required to cover such cost and thereupon shall have a lien against the property having the priority provided in section 47a-56a .

(e) Any excess of income of the property in the hands of the receiver shall be applied to the necessary expenses in regard to such property of the receiver's office and then to sums due to mortgagees or lienors.

(f) The receiver shall have the power to bring a summary process action pursuant to the provisions of chapter 832 against any tenant or occupant of the property.
Conn. Gen. Stat. § 47-276 — Connecticut Code / Title 47 / Chapter 828 / Section 47-276
Sec. 47-276. Exclusion or modification of implied warranties of quality.
Status: in_force

(b) With respect to a purchaser of a unit that may be occupied for residential use, no general disclaimer of implied warranties of quality is effective, but a declarant may disclaim liability in an instrument signed by the purchaser for a specified defect or class of defects or specified failure to comply with applicable law, if the defect or failure entered into and became a part of the basis of the bargain.

Cited. 38 CA 420.
Conn. Gen. Stat. § 47a-12 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-12
Sec. 47a-12. Breach of agreement by landlord. Tenant's remedies.
Status: in_force

(b) The tenant may not terminate the rental agreement under subsection (a) of this section for a condition caused by the wilful or negligent act or omission of such tenant, a member of his family, or other person on the premises with his consent.

(c) This section shall apply only to leases in which the term of the tenancy is more than one month.

(d) Nothing in this section shall in any way restrict the tenant's use of other remedies available to him.

See Secs. 47a-14a to 47a-14g, inclusive, re actions for private receivership of a tenement house.

Cited. 32 CA 133.

Cited. 35 CS 151; 38 CS 683.
Conn. Gen. Stat. § 47-60 — Connecticut Code / Title 47 / Chapter 824 / Section 47-60
Sec. 47-60. Reservation land held in trust by state. Conveyances by Indians void.
Status: in_force

(b) A tribe shall exercise on reservation land all rights incident to ownership except the power of alienation.

A prescriptive right-of-way cannot exist over lands, the conveyance of which is forbidden by law. 51 C. 71. Cited. 180 C. 474.

Cited. 22 CA 229; judgment reversed, see 217 C. 612. One right incident to property ownership is the right to bring a summary process eviction action. 138 CA 204.
Conn. Gen. Stat. § 47-232 — Connecticut Code / Title 47 / Chapter 828 / Section 47-232
Sec. 47-232. Subdivision of units.
Status: in_force

(b) The amendment to the declaration shall be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit or on any other basis the declaration requires.
Conn. Gen. Stat. § 47-283 — Connecticut Code / Title 47 / Chapter 828 / Section 47-283
Sec. 47-283. Definitions.
Status: in_force

(1) “Conversion notice” means the conversion notice specified by section 47-284 ;

(2) “Converted unit” means a dwelling unit or a space or lot in a mobile manufactured home park that (A) was not in a common interest community when originally leased to its current tenant and (B) is now in a common interest community or is located in a building in which a unit is being offered for sale, or in a mobile manufactured home park in which a space or lot is being offered for sale, as part of a common interest community;

(3) “Tenant” means a tenant, as defined in section 47a-1 , or a resident, as defined in section 21-64 , including a resident who owns his own mobile manufactured home;

(4) “Conversion tenant” means a tenant who occupies a dwelling unit or a space or lot in a mobile manufactured home park both before and after it becomes a converted unit; and

(5) “Transition period” means, with respect to a conversion tenant, the period of time beginning on the date when that tenant's dwelling unit or space or lot in a mobile manufactured home park becomes a converted unit, and ending nine months after that tenant receives a conversion notice or when his existing lease ends, whichever is later.

Cited. 207 C. 441.
Conn. Gen. Stat. § 47a-14c — Connecticut Code / Title 47a / Chapter 830 / Section 47a-14c
Sec. 47a-14c. (Formerly Sec. 19-347m). Tenement receivership: Defense.
Status: in_force

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47a-56c — Connecticut Code / Title 47a / Chapter 833a / Section 47a-56c
Sec. 47a-56c. Appointment of receiver of rents: Determination by court.
Status: in_force

(b) If the court finds that the facts stated in such application warrant the granting thereof, the court shall appoint a receiver of the rents, issues and profits of the property.

(c) If, after determination of the issue, the owner or any mortgagee or lienor or other person having an interest in the property applies to the court to be permitted to remove or remedy the conditions constituting the nuisance and (1) demonstrates the ability promptly to undertake the work required and (2) posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, the court may, in lieu of appointing such receiver, issue an order permitting such person to perform the work within a time fixed by the court.

(d) If at the time fixed in the order the conditions constituting the nuisance have not been satisfactorily remedied or removed, the court shall appoint such receiver.

(e) If, after the granting of such court order permitting a person to perform the work but before the time fixed by the court for the completion thereof, it appears to the authority issuing the original order that the person permitted to do such work is not proceeding with due diligence, such authority may apply to the court, on notice to those persons who have appeared in the proceeding, for a hearing to determine whether such receiver shall be appointed immediately.

(f) On the failure of any such owner, mortgagee, lienor or other person having an interest in the property to complete the work in accordance with the provisions of such order, any receiver thereafter appointed shall be reimbursed for costs incurred by him in removing or remedying the condition and other charges provided for in sections 47a-56 to 47a-56i , inclusive, out of such security.
Conn. Gen. Stat. § 47a-11a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-11a
Sec. 47a-11a. Abandonment of unit by tenant.
Status: in_force

(b) If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment.

Cited. 32 CA 133.

Cited. 38 CS 683; 39 CS 289.
Conn. Gen. Stat. § 47a-59 — Connecticut Code / Title 47a / Chapter 833a / Section 47a-59
Sec. 47a-59. (Formerly Sec. 19-347t). Enforcement actions. Defenses.
Status: in_force

(b) It shall be a complete defense to any action brought pursuant to subsection (a) of this section, that: (1) The violation giving rise to the action was caused by the wilful act or gross negligence of a person other than the defendant; or (2) the defendant began to correct the violation promptly upon receipt of notice thereof, but that its full correction could not be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to gain access to the dwelling unit wherein the violation occurs.

Cited. 13 CA 1.
Conn. Gen. Stat. § 47-246 — Connecticut Code / Title 47 / Chapter 828 / Section 47-246
Sec. 47-246. Transfer of special declarant rights. Obligations and liabilities.
Status: reserved

(b) On transfer of any special declarant right, the liability of a transferor declarant is as follows:

(1) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed on him by this chapter. Lack of privity does not deprive any unit owner of standing to maintain an action to enforce any obligation of the transferor.

(2) If a successor to any special declarant right is an affiliate of a declarant, as defined in subsection (1) of section 47-202 , the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the common interest community.

(3) If a transferor retains any special declarant rights, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer.

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(c) (1) Unless otherwise provided in a mortgage instrument, deed of trust or other agreement creating a security interest, in case of a sale by a trustee under an agreement creating a security interest, tax sale, judicial sale other than a foreclosure sale, or sale under bankruptcy or receivership proceedings, of any units owned by a declarant or real property in a common interest community subject to development rights, a person acquiring title to all the property being sold, but only on his request, succeeds to all special declarant rights related to that property held by that declarant, or only to any rights reserved in the declaration pursuant to section 47-234 and held by that declarant to maintain models, sales offices, management offices and signs. The judgment or instrument conveying title shall provide for transfer of only the special declarant rights requested.

(2) Unless otherwise provided in a mortgage instrument, a foreclosure of a mortgage on property in a common interest community subject to development rights operates to vest absolute title to the development rights related to the property being foreclosed and held by the declarant whose interest is being foreclosed in the foreclosing mortgagee, or in a redeeming defendant, or in a purchaser at a foreclosure auction unless the foreclosing mortgagee, in its complaint for foreclosure, indicates that those development rights are not part of the mortgaged property for which the mortgagee is seeking a foreclosure.

(d) On foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy or receivership proceedings, of all interests in a common interest community owned by a declarant:

(1) The declarant ceases to have any special declarant rights; and

(2) The period of declarant control, as provided in subsection (d) of section 47-245 , terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant.

(e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

(2) A successor to any special declarant right, other than a successor described in subdivisions (3) or (4) of this subsection or a successor who is an affiliate of a declarant, is subject to the obligations and liabilities imposed by this chapter or the declaration: (A) On a declarant which relate to the successor's exercise or nonexercise of special declarant rights; or (B) on his transferor, other than: (i) Misrepresentations by any previous declarant; (ii) warranty obligations on improvements made and sold by any previous declarant, or made before the common interest community was created; (iii) breach of any fiduciary obligation by any previous declarant or his appointees to the executive board; or (iv) any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer.

(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs, as provided in section 47-234 , may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a public offering statement and any liability arising as a result thereof.

(4) A successor to all special declarant rights held by a transferor who succeeded to those rights pursuant to a deed or other instrument of conveyance in lieu of foreclosure or a judgment or instrument conveying title under subsection (c), may declare in a recorded instrument the intention to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit or real property subject to development rights owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his transferor to control the executive board in accordance with subsection (d) of section 47-245 for the duration of any period of declarant control, and any attempted exercise of those rights is void. As long as a successor declarant may not exercise special declarant rights under this subsection, he is not subject to any liability or obligation as a declarant other than liability for his acts and omissions under subsection (d) of section 47-245 .

(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.
Conn. Gen. Stat. § 47-33i — Connecticut Code / Title 47 / Chapter 821 / Section 47-33i
Sec. 47-33i. Other statutes not affected.
Status: in_force

Cited. 183 C. 59; 219 C. 81; 239 C. 199.

Cited. 3 CA 550; 44 CA 683; 46 CA 525.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47a-30 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-30
Sec. 47a-30. (Formerly Sec. 52-538). Eviction of former farm employee, domestic servant, caretaker, manager or other employee.
Status: in_force

(b) If he fails, after the expiration of the period specified in such notice, to vacate such premises, an action of summary process may be brought against such employee.

(c) At the summary process hearing, the court may take into account the needs of the employee and enter a judgment granting such stay of execution as is reasonable and fair to the parties but, notwithstanding the provisions of section 47a-36 , in no case more than fifteen days. The provisions of sections 47a-37 to 47a-39 , inclusive, shall not apply to an action of summary process under the provisions of this section.

Cited. 38 CS 70.
Conn. Gen. Stat. § 47-33f — Connecticut Code / Title 47 / Chapter 821 / Section 47-33f
Sec. 47-33f. Notice of claim filed within forty-year period.
Status: in_force

(b) If the same record owner of any possessory interest in land has been in possession of that land continuously for a period of forty years or more, during which period no title transaction with respect to the interest appears of record in his chain of title and no notice has been recorded by him or on his behalf as provided in subsection (a) of this section, and the possession continues to the time when marketability is being determined, that period of possession shall be deemed equivalent to the recording of the notice immediately preceding the termination of the forty-year period described in subsection (a) of this section.

Cited. 171 C. 149; 183 C. 59; 219 C. 81; 239 C. 199.

Cited. 3 CA 550; 44 CA 683; 46 CA 525.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-261d — Connecticut Code / Title 47 / Chapter 828 / Section 47-261d
Sec. 47-261d. Removal of officers and directors.
Status: in_force

(b) At any meeting at which a vote to remove a member of the executive board or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote is taken. If the vote is taken by ballot pursuant to subsection (d) of section 47-252 , the member or officer being considered for removal shall be given a reasonable opportunity to deliver information to the unit owners as provided in said subsection.
Conn. Gen. Stat. § 47-36ddd — Connecticut Code / Title 47 / Chapter 821c / Section 47-36ddd
Sec. 47-36ddd. Recording and rerecording of certain real estate listing agreements required.
Status: in_force

(b) Each notice recorded pursuant to subsection (a) of this section shall include (1) the title “Notice of Real Estate Listing Agreement” printed in not less than fourteen-point bold type, (2) a legal description of the residential real property that is the subject of the real estate listing agreement, (3) the amount of the fee specified in the real estate listing agreement or the method by which such fee shall be calculated, (4) the date or circumstances under which the obligation set forth in the real estate listing agreement shall expire, (5) the name, address and telephone number of the real estate listing provider, and (6) if the real estate listing provider is (A) an individual, the notarized signature of the individual, or (B) an entity, the notarized signature of an authorized officer or employee of the entity.

(c) If a real estate listing provider fails to rerecord any real estate listing agreement pursuant to subsection (a) of this section, and record a notice of such agreement pursuant to subsections (a) and (b) of this section, on or before July 31, 2024, such agreement shall be void and unenforceable and any interest in the residential real property that is the subject of such agreement may be conveyed free and clear of such agreement.
Conn. Gen. Stat. § 47a-73 — Connecticut Code / Title 47a / Chapter 834 / Section 47a-73
Sec. 47a-73. Judges and council to report to General Assembly.
Status: in_force

See Sec. 51-51v re appointment of clerks for housing matters.

See Sec. 51-165 re assignment of judges to hear housing matters.

See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.

See Sec. 51-348 re separate docket for housing matters.
Conn. Gen. Stat. § 47a-11 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-11
Sec. 47a-11. Tenant's responsibilities.
Status: in_force

Cited. 225 C. 600.

Cited. 5 CA 101; 12 CA 172; 13 CA 1; 19 CA 564; 28 CA 684; 31 CA 575; 32 CA 133. Subdiv. (g): Provisions are not restricted to actions of tenant and should take into account actions of tenant's guests. 79 CA 300. Section is not applicable to commercial tenancies. 133 CA 1. In the absence of express language in a stipulation, a tenant at sufferance is required to fulfill all statutory obligations applicable to a tenant. 211 CA 777.

Cited. 35 CS 274; 38 CS 683.
Conn. Gen. Stat. § 47-86 — Connecticut Code / Title 47 / Chapter 825 / Section 47-86
Sec. 47-86. Owners, tenants and employees bound by chapter.
Status: in_force

(b) All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in this chapter, the declaration or bylaws, shall be binding on all unit owners.
Conn. Gen. Stat. § 47a-25 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-25
Sec. 47a-25. (Formerly Sec. 52-533). Waiver of notice to quit.
Status: in_force

Cited. 4 CA 627; 7 CA 301.

Cited. 38 CS 70; 40 CS 107.
Conn. Gen. Stat. § 47-33a — Connecticut Code / Title 47 / Chapter 821 / Section 47-33a
Sec. 47-33a. Action on agreement to sell real estate.
Status: in_force

(b) The interest may be extended only by reexecution of the written agreement or by execution of a new written agreement, provided the agreement, whether reexecuted or newly executed, shall be recorded as directed by sections 47-10 and 47-17 . The period provided by this section shall not otherwise be extended, whether because of death, disability or absence from the state or for any other reason. Upon the expiration of an interest the title to property affected by the interest shall not thereafter be considered unmarketable because of the expired interest.

(c) Nothing in this section shall be construed to limit or deny any legal or equitable rights a party may have under the agreement except the right to have the agreement specifically enforced.

Cited. 174 C. 592; 206 C. 454; 213 C. 676; 216 C. 509; 220 C. 453.

Cited. 6 CA 595; 18 CA 569; 19 CA 413; 23 CA 579; 40 CA 64; 45 CA 466.

Cited. 3 Conn. Cir. Ct. 86.

Subsec. (a):

Option to purchase contained in commercial lease which must be exercised within leasehold term valid without regard to rule against perpetuities. 213 C. 676.

Death of grantor is a specific event that may act as the operative date where no date for exercising an option is otherwise provided. 57 CA 636. “Interest” is plaintiff's ability to purchase the property and seek specific performance once the option has been exercised. 100 CA 155.
Conn. Gen. Stat. § 47-259 — Connecticut Code / Title 47 / Chapter 828 / Section 47-259
Sec. 47-259. Other liens.
Status: in_force

(b) In a condominium or planned community:

(1) Except as provided in subdivision (2) of this subsection, a judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lien holder against all of the units in the common interest community at the time the judgment was rendered. No other property of a unit owner is subject to the claims of creditors of the association.

(2) If the association has granted a security interest in the common elements to a creditor of the association pursuant to section 47-254 , the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

(3) Whether perfected before or after the creation of the common interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common interest community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to his unit or post a bond in that amount, and the lien holder, on receipt of payment or on posting of the bond, promptly shall deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.

(4) A judgment against the association shall be indexed in the name of the common interest community and the association and, when so indexed, is notice of the lien against the units.

(c) The association shall transmit a notice of any judgment for money rendered against the association to each unit owner promptly after the association receives notice of that judgment. The notice shall include the names of the parties, the date and amount of the judgment and a statement that the judgment creditor is entitled to a judgment lien, in accordance with this section, affecting the unit owner's interest in his unit.

(d) In a cooperative: (1) If the association receives notice of an impending foreclosure on all or any portion of the association's real property, the association shall promptly transmit a copy of that notice to each unit owner of a unit located within the real property to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure, and (2) whether or not a unit owner's unit is subject to the claims of the association's creditors, no other property of a unit owner is subject to those claims.
Conn. Gen. Stat. § 47a-74 — Connecticut Code / Title 47a / Chapter 834 / Section 47a-74
Sec. 47a-74. Rules of practice to be adopted.
Status: in_force

See Sec. 51-51v re appointment of clerks for housing matters.

See Sec. 51-165 re assignment of judges to hear housing matters.

See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.

See Sec. 51-348 re separate docket for housing matters.
Conn. Gen. Stat. § 47-97 — Connecticut Code / Title 47 / Chapter 826 / Section 47-97
Sec. 47-97. No endorsement by commission to be implied by filing of application, qualification of securities or exemption. Inconsistent representations to purchasers prohibited. Permit to indicate permissive nature.
Status: in_force

(b) No person shall make or cause to be made to any prospective purchaser any representation inconsistent with subsection (a) of this section.

(c) Every permit shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the real estate syndicate securities to be issued.
Conn. Gen. Stat. § 47-66i — Connecticut Code / Title 47 / Chapter 824 / Section 47-66i
Sec. 47-66i. Method of selecting tribal leaders. Disputes.
Status: in_force

(b) A leadership dispute shall be resolved in accordance with tribal usage and practice. Upon request of a party to a dispute, the dispute may be settled by a council. Each party to the dispute shall appoint a member to the council and the parties shall jointly appoint one or two additional members provided the number of members of the council shall be an odd number. If the parties cannot agree on any joint appointment, the Governor shall appoint any such member who shall be a person knowledgeable in Indian affairs. The decision of the council shall be final on substantive issues. An appeal may be taken to the Superior Court to determine if provisions of the written description filed with the Secretary of the State pursuant to this section have been followed. If the court finds that the dispute was not resolved in accordance with the provisions of the written description, it shall remand the matter with instructions to reinstitute proceedings, in accordance with such provisions.

Cited. 231 C. 563.

There is no provision whereby tribal leadership disputes are to be decided first by the Superior Court. 138 CA 204.
Conn. Gen. Stat. § 47a-35b — Connecticut Code / Title 47a / Chapter 832 / Section 47a-35b
Sec. 47a-35b. Distribution of payments after appeal.
Status: in_force

A proceeding under section is properly limited to those claims related to the use and occupancy of the premises during pendency of the appeal, and therefore court did not abuse its discretion in denying defendant's request to enlarge the proceedings to include a CUTPA claim and an entry and detainer action. 112 CA 1. The standard in distributing use and occupancy payments under section is whether the claim for release of the use and occupancy payments is related to the use and occupancy of the premises; since defendants' claim for attorney's fees related to expenses incurred during the action and did not relate to physical use and occupancy of the premises, ordering the distribution of one half of the use and occupancy payments to defendants for attorney's fees was improper. 145 CA 682.

Cited. 38 CS 70.
Conn. Gen. Stat. § 47a-31 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-31
Sec. 47a-31. (Formerly Sec. 52-539). Illegal use of premises voids lease.
Status: in_force

See Sec. 53a-89 re penalty for permitting prostitution on premises.

Annotations to former Sec. 52-539:

Duty of landlord in order to avoid penalty imposed by municipal ordinance. 33 C. 93. Lease for use as place for illegal sale of intoxicating liquors. 102 C. 346. Section is not applicable without a conviction. 135 C. 364. Conviction of officers of corporation is not a conviction of the corporation so as to sustain a summary process action. 136 C. 156.

Annotation to present section:

Cited. 38 CS 70.
Conn. Gen. Stat. § 47-19 — Connecticut Code / Title 47 / Chapter 821 / Section 47-19
Sec. 47-19. Leases for more than one year.
Status: in_force

A writing granting liberty to flow lands for a certain time is a lease within statute. 1 R. 318. When unacknowledged lease admissible in evidence. 1 D. 17; 7 C. 420. Unacknowledged lease for more than 1 year, good for 1 year; such lease not void, but voidable by third party, as lease for more than 1 year. 21 C. 168. Unrecorded lease good to convey an interest against a cotenant. 25 C. 137. Under statute, a lease effectual against the lessor is equally so against the lessee. 46 C. 92. Lease not sealed or acknowledged good between the parties. 47 C. 33. Effect of unrecorded lease. 80 C. 15; Id., 453. Oral lease not to be performed within a year is within statute of frauds. 80 C. 263; Id., 503; 82 C. 413; 86 C. 32. Validating acts inoperative on unrecorded lease for more than 1 year; likewise where recording is after judgment in summary process. 104 C. 295. Subsequent purchaser charged with notice of instrument separate from lease. 113 C. 476. Court properly concluded that defendant was bona fide purchaser. 134 C. 349. Cited. 147 C. 411. Plaintiff had notice of defendant's prior unrecorded lease, hence restrictive covenant in plaintiff's subsequent lease is not enforceable against defendant; an unrecorded lease is not void but voidable by persons protected under statute. 167 C. 294.

Cited. 19 CA 471; 33 CA 197; 42 CA 426.

Lease signed by lessor only is none the less executed in compliance with section. 6 CS 451. Unrecorded lease valid against lessee as well as lessor. 12 CS 55. Cited. 22 CS 452.
Conn. Gen. Stat. § 47a-26b — Connecticut Code / Title 47a / Chapter 832 / Section 47a-26b
Sec. 47a-26b. Motion and order for payments for use and occupancy.
Status: in_force

(b) Notice to the defendant of an order for use and occupancy payments shall be given on a form prescribed by the Office of the Chief Court Administrator. Such form shall state in clear and simple language and in readable format (1) the amount to be paid, (2) the date by which such payment must be received by the clerk, and (3) the consequences of failure to make payment as ordered.

(c) If the defendant files an objection to the motion, a hearing on the objection shall be held not more than seven days after such objection is filed, after which the court shall order the defendant to deposit with the court payments for use and occupancy in an amount equal to the fair rental value of the premises during the pendency of such action accruing from the date of such order. If all or a portion of the defendant's rent is being paid to the plaintiff by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the defendant deposits with the court an amount equal to his portion of the fair rental value of the premises. The last agreed-upon rent shall be prima facie evidence of the fair rental value of the premises. The party claiming a different amount shall have the burden of proving that the last agreed-upon rent is not the fair rental value. Such order shall permit the payment of such amounts in monthly installments, as such amounts become due. Nothing in this subsection shall preclude either party from subsequently moving to modify the amount of the payment order for cause shown.

(d) If the defendant fails to make such payments as ordered, the clerk shall, immediately and without the filing of a motion, order the defendant to file his answer and, if the defendant fails to do so within four days of the mailing of such order, judgment shall forthwith be entered for the plaintiff. If the defendant files an answer within such four-day period, the clerk shall set such matter down for hearing not less than three nor more than seven days after such answer and reply, if any, are filed.

Cited. 4 CA 162; 17 CA 314; 19 CA 32; 20 CA 733. Where defendants already had filed their answer to the summary process complaint months before they failed to make timely use and occupancy payments, trial court erred by rendering judgment of possession for plaintiff without first conducting the hearing prescribed by Subsec. (d). 162 CA 333. Section does not provide an exclusive remedy and does not preempt plaintiff from recovering retroactive use and occupancy payments. 188 CA 714.

Cited. 37 CS 688; Id., 897; 38 CS 70. Contempt remedy was inappropriate since remedy for noncompliance with statute is included within section and is self-executing. Id., 370. Cited. 40 CS 53.
Conn. Gen. Stat. § 47-80a — Connecticut Code / Title 47 / Chapter 825 / Section 47-80a
Sec. 47-80a. Powers of unit owners' association. Opportunity for unit owners to express views re proposed budget.
Status: in_force

(b) Notwithstanding any provision of the condominium instruments to the contrary, at any meeting of the unit owners to consider the final adoption or ratification of any proposed budget for the condominium, or on a day prior to such meeting, the board of directors shall provide a reasonable opportunity for all unit owners to express their views concerning the proposed budget before its adoption or ratification. At least one copy of the proposed budget shall be available for inspection at such meeting.

Cited. 41 CA 249.

Section provides acceptable alternative to a class action suit but is restricted by Sec. 47-90e(a) to condominiums established after January 1, 1977. 35 CS 199. Cited. 36 CS 160.
Conn. Gen. Stat. § 47-261c — Connecticut Code / Title 47 / Chapter 828 / Section 47-261c
Sec. 47-261c. Notice to unit owners.
Status: in_force

(b) Notices required to be given by the association under this chapter are effective when sent. The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
Conn. Gen. Stat. § 47-33q — Connecticut Code / Title 47 / Chapter 821 / Section 47-33q
Sec. 47-33q. Dormant Mineral Interests Act: Termination of dormant mineral interest.
Status: in_force

(b) In an action to terminate a mineral interest pursuant to sections 47-33m to 47-33t , inclusive, the court, upon application of any person alleging to be an owner of a mineral interest in the land described in the complaint shall permit such person to record a late notice of intent to preserve such mineral interest in accordance with section 47-33r upon payment to the plaintiff of such litigation expenses as the court may award. In this subsection “litigation expenses” means costs and expenses as may be determined by the court to have been reasonably and necessarily incurred in the preparation for and the prosecution of the action, including a reasonable attorney's fee. Upon the recordation of such late notice of intent to preserve a mineral interest, the court shall dismiss the action unless the plaintiff within fifteen days of the court's order permitting the recording of such late notice of intent to preserve the mineral interest files a motion with the court for permission to continue the action as an action to quiet title of the land described in the complaint, pursuant to sections 47-31 to 47-33 , inclusive. If the court grants such motion, the action shall continue as an action to quiet the title to such land in the manner provided by law.

(c) Any of the following actions taken in relation to any mineral interest constitutes use of that mineral interest for the purpose of this section if the action was taken by or under authority of the owner of the mineral interest:

(1) Production, geophysical exploration, exploratory or developmental drilling, mining, exploitation, development or other active mineral operations on or below the surface of real property which is subject to a mineral interest. Injection of substances for purposes of disposal or storage is not an active mineral operation within the meaning of this subdivision. Active mineral operations constitute use of any mineral interest owned by any person in any mineral that is the object of the operations.

(2) Payment of taxes on a separate property tax assessment of the mineral interest or on a mineral transfer or severance tax relating to the mineral interest.

(3) Recordation of an instrument that transfers, leases, conveys, assigns or divides a mineral interest, or creates a security interest or lien against such mineral interest, including an instrument that evidences a transfer of the title to such mineral interest, such as a probate certificate of distribution or devise.

(4) Recordation of an instrument for the purpose of preserving and keeping effective a mineral interest in accordance with section 47-33r .

(5) Recordation of a certified copy of a judgment or decree which makes specific reference to the mineral interest, provided such judgment makes reference to or includes a legal description of the fee estate which is subject to the mineral interest and the names of all record owners of such fee estate and is indexed by the town clerk in the grantor index in the names of all such record owners of the fee estate.
Conn. Gen. Stat. § 47-242 — Connecticut Code / Title 47 / Chapter 828 / Section 47-242
Sec. 47-242. Addition of land or units to limited equity cooperative.
Status: in_force

(b) The declaration of a limited equity cooperative may provide, notwithstanding the requirements of subdivision (3) of subsection (a) of section 47-224 , that the declaration may be amended by vote or agreement of unit owners of units to which at least sixty-seven per cent of the votes in the association are allocated, to add land and units to the cooperative, even though the land and units were not described in the original declaration.

(c) If the declaration of a limited equity cooperative is amended pursuant to subsection (b) of this section to add land or units, the amendment shall comply with sections 47-229 and 47-236 ; provided (1) the amendment may reallocate the allocated interests among all the units in any reasonable manner which has been approved by the vote or agreement of unit owners; and (2) the amendment shall contain a legally sufficient description of the real property added to the cooperative.

Cited. 228 C. 498.
Conn. Gen. Stat. § 47-275 — Connecticut Code / Title 47 / Chapter 828 / Section 47-275
Sec. 47-275. Implied warranties of quality.
Status: in_force

(b) A declarant impliedly warrants to a purchaser that a unit and the common elements in the common interest community are suitable for the ordinary uses of real property of its type and that any improvements made or contracted for by him, or made by any person before the creation of the common interest community, will be: (1) Free from defective materials; and (2) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner.

(c) In addition, a declarant warrants to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.

(d) Warranties imposed by this section may be excluded or modified as specified in section 47-276 .

(e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.

(f) Any conveyance of a unit transfers to the purchaser all of the declarant's implied warranties of quality only to the extent such a conveyance would transfer warranties pursuant to chapter 827.

(g) The warranties provided to a purchaser by a declarant pursuant to this section with respect to common elements shall also extend to the association.

Cited. 42 CS 241.
Conn. Gen. Stat. § 47a-70 — Connecticut Code / Title 47a / Chapter 834 / Section 47a-70
Sec. 47a-70. Housing docket. Entry and transfer of cases on docket.
Status: in_force

(b) If two or more actions are pending between the same parties, including for the purposes hereof any other court proceedings arising out of or connected with the same housing accommodation, of which one or more of such actions is on the housing docket and one or more of such actions is on some other docket, the judge handling such other docket, upon motion of any party to any of such actions, may order that the action pending on such docket, with all papers relating thereto, be transferred to the housing docket; and such action or actions shall thereafter proceed as though originally entered there.

See Sec. 51-51v re appointment of clerks for housing matters.

See Sec. 51-165 re assignment of judges to hear housing matters.

See Sec. 51-278(b) re designation of assistant or deputy assistant state's attorneys to prosecute housing matters.

See Sec. 51-348 re separate docket for housing matters.

Cited. 214 C. 256; 217 C. 57.

Housing judge has the discretion to transfer to regular civil docket a summary process action which because of its complexity would formerly have been outside the ambit of summary process. 1 CA 439.
Conn. Gen. Stat. § 47-74f — Connecticut Code / Title 47 / Chapter 825 / Section 47-74f
Sec. 47-74f. Nonbinding reservation agreements. Cancellation.
Status: in_force

(b) No declarant may dispose of any interest in a condominium unit to a purchaser who has not signed a nonbinding reservation agreement for said unit unless he delivers to such purchaser a current public offering statement, on or before the date on which the purchaser signs a contract for disposition of said unit. Any contract signed by such a purchaser shall be expressly and without qualification subject to cancellation by the purchaser in the same manner as a nonbinding reservation agreement.

(c) Cancellation of contracts for the disposition of a condominium unit shall be by notice to the declarant, sent by certified mail, return receipt requested, or by hand delivery.

(d) Failure to comply with this section shall be grounds for action by a purchaser against the noncomplying declarant for rescission, damages or injunctive relief of for any other relief to which the purchaser may be entitled. No action may be commenced enforcing the rights contained in this section unless commenced and a notice filed on the land records within fifteen days from the date on which the purchaser signed a contract for the disposition of the unit which is the subject of the violation asserted. If any such action results in a final judgment or decree in favor of the party instituting such action, such judgment or decree may incorporate a provision for reasonable attorney's fees as specified in such judgment or decree, to be paid by the party against whom such decree is entered.
Conn. Gen. Stat. § 47-36a — Connecticut Code / Title 47 / Chapter 821a / Section 47-36a
Sec. 47-36a. Definitions.
Status: in_force

(b) (1) The use of the word “grant” is not necessary to convey tenements and hereditaments, corporeal or incorporeal. (2) A conveyance to more than one grantee, releasee or mortgagee creates an estate or interest in them as tenants in common unless the words “as joint tenants” are added after their names.

Cited. 2 CA 119.
Conn. Gen. Stat. § 47-33p — Connecticut Code / Title 47 / Chapter 821 / Section 47-33p
Sec. 47-33p. Dormant Mineral Interests Act: Exclusions.
Status: in_force

(1) A mineral interest of the United States or an Indian tribe, except to the extent permitted by federal law.

(2) A mineral interest of this state or an agency or political subdivision of this state, except to the extent permitted by state law other than sections 47-33m to 47-33t , inclusive.

(b) Sections 47-33m to 47-33t , inclusive, do not affect water rights.

(c) Sections 47-33m to 47-33t , inclusive, do not affect the meaning of the terms “minerals”, “mineral interest”, or “mineral estate” for purposes other than said sections.
Conn. Gen. Stat. § 47-216 — Connecticut Code / Title 47 / Chapter 828 / Section 47-216
Sec. 47-216. Applicability to preexisting common interest communities.
Status: in_force

(b) Section 47-210 and subsections (b) to (d), inclusive, of section 47-225 apply to all common interest communities created in this state prior to January 1, 1984, but shall not invalidate existing provisions of the declarations, bylaws or surveys or plans of those common interest communities.
Conn. Gen. Stat. § 47a-35 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-35
Sec. 47a-35. (Formerly Sec. 52-542). Stay of execution. Appeal.
Status: in_force

(b) No appeal shall be taken except within such five-day period. If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay or unless the defendant fails to give bond, as provided in section 47a-35a . If execution has not been stayed, as provided in this subsection, execution may then issue, except as otherwise provided in sections 47a-36 to 47a-41 , inclusive.

Annotations to former section 52-542:

If, after lessee is put out on execution, judgment is reversed on error, during the term of the lease, he may claim a writ of restitution. 12 C. 539. The cause cannot after a reversal be retained for trial in the Superior Court. 39 C. 307. Applies to writ of error from city court to Supreme Court. 79 C. 308. Plaintiff may have writ of error; quaere, as to right of defendant to bring after 48 hours. 86 C. 35. Bill of exceptions may be allowed and writ issued after 48 hours. Cited. 92 C. 150; 95 C. 281. Statute must be followed; injunction against landlord will not lie in absence of fraud, accident or mistake. 96 C. 630. Cited. 97 C. 123; 114 C. 584. Bond would continue to apply during period when appeal from decision on writ of error might be pending before Supreme Court. 125 C. 548. Cited. 131 C. 530; 134 C. 652. Not a statute of limitations; sole purpose is to stay execution to give tenant an opportunity to institute writ of error. 137 C. 635.

Section imposes strict limitations upon resort to writ of error. 15 CS 143. Cited. 19 CS 40; 22 CS 470. Bond executed by stranger to the action does not comply with requirements of statute. 23 CS 196. Appeal period not tolled by motion to open judgment or motion to stay execution. 30 CS 580. Appeal bond requirement cannot be waived. 33 CS 15. This section, not Sec. 52-6a, controls time limit for appeals by either party. Id., 522. Section not a denial of equal protection or due process of law. Id., 531.

Cited. 3 Conn. Cir. Ct. 561. Appeal must be taken within period of 5 days from date of judgment, day that judgment was rendered being excluded from count of days. 5 Conn. Cir. Ct. 265. Bond requirement does not violate equal protection clause of federal and state constitutions as to indigent defendants. Id., 282. Plaintiff's motion to dismiss appeal for failure of defendant to file bond granted, and defendant's motion to determine bond not considered as Appellate Court has no authority to fix bond. Id., 350. Cited. 6 Conn. Cir. Ct. 2. After commencement of hearing on merits, plaintiff may withdraw action only by leave of trial court for cause shown; motion for leave to withdraw action should be addressed to trial court and not to appellate division. Id., 168. Limit of 5 days to appeal summary process judgment acts as general limit to general 14-day right under Sec. 51-265. Id., 529, 530.

Annotations to present section:

Cited. 225 C. 757. Legislature intended the 5-day time limitation as jurisdictional prerequisite to an appeal from housing court ruling in a summary process eviction proceeding. 235 C. 650.

Cited. 5 CA 153; 40 CA 553; 45 CA 324. Appeal period set forth in statute is applicable to landlords and tenants alike, and motion to reargue filed outside of the statutory five day appeal period does not give rise to a new appeal period. 211 CA 528.

Filing time extended when fifth day falls on a day when clerk's office closed. 36 CS 541. Cited. Id., 623; Id., 626; 37 CS 645, 646; 38 CS 70.

Subsec. (b):

The phrase “[n]o appeal shall be taken except within such five-day period” refers only to appeals from judgments of possession. 218 CA 206.
Conn. Gen. Stat. § 47-94 — Connecticut Code / Title 47 / Chapter 826 / Section 47-94
Sec. 47-94. Grounds for refusal of permit. Appeal, hearing.
Status: in_force

(b) Any applicant objecting to the denial of a permit or to any condition therein may, within ten days after receipt of such denial or order, file a written request for a hearing. Said hearing shall be held within the time period and in accordance with the procedures set forth for hearings contained in section 20-321 .
Conn. Gen. Stat. § 47a-40 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-40
Sec. 47a-40. (Formerly Sec. 52-547). No entry fee, judgment fee or costs on application or hearing.
Status: in_force

Cited. 36 CS 623; 38 CS 70.
Conn. Gen. Stat. § 47-33h — Connecticut Code / Title 47 / Chapter 821 / Section 47-33h
Sec. 47-33h. Excepted interests.
Status: in_force

Cited. 183 C. 59; 219 C. 81; 239 C. 199. Trial court properly concluded that pursuant to Subdiv. (1), the easement over plaintiff's property as of 1996 deed was limited to the fixed location of 3 existing conduits, which constituted partial exercise of the easement, and that because plaintiff failed to present sufficient evidence of damages resulting from partial encumbrance of the property, defendants were entitled to a directed verdict. 270 C. 487.

Cited. 3 CA 550; 44 CA 683; 46 CA 525. Section's use of “other physical facility” refers to those physical objects that evidence an easement that themselves effectuate the easement itself and includes all of the items enumerated in the section, but does not include dissimilar items that may be found on a property that are not set forth in the section or otherwise within the class of those items, which are only, at best, mere indirect, possible indicators of an easement. 169 CA 653.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-77 — Connecticut Code / Title 47 / Chapter 825 / Section 47-77
Sec. 47-77. Assessment of common expenses. Liens and foreclosure.
Status: in_force

(b) Where a mortgagee or a purchaser at a foreclosure sale obtains title to a unit, such acquirer of title, his heirs, successors and assigns, shall not be liable for the entire unpaid share of the common expenses or assessments by the association of unit owners chargeable to such unit which became due prior to the acquisition of title to such unit by such acquirer, but such expenses or assessments, if not fully satisfied out of the proceeds of such sale, shall become common expenses collectible from all of the unit owners, including such acquirer, his heirs, successors and assigns.
Conn. Gen. Stat. § 47-105 — Connecticut Code / Title 47 / Chapter 826 / Section 47-105
Sec. 47-105. Required records and reports. Examination of records; examination costs.
Status: in_force

(b) The commission shall have the right to examine such records at any time and, when such examination requires out-of-state travel, the issuer shall pay the cost of such examination at the discretion of and as determined by the commission.
Conn. Gen. Stat. § 47-300 — Connecticut Code / Title 47 / Chapter 828a / Section 47-300
Sec. 47-300. Definitions.
Status: in_force

(1) “Eligible housing” means any building, structure or portion thereof which is used or occupied, or intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more persons or families of very low income, low income or moderate income.

(2) “Very low income” means persons and families having an aggregate family income at or below twenty-five per cent of the area median income, as determined by the United States Department of Housing and Urban Development.

(3) “Low income” means persons and families having an aggregate family income between twenty-six and fifty per cent of the area median income, as determined by the United States Department of Housing and Urban Development.

(4) “Moderate income” means persons and families having an aggregate family income between fifty-one and eighty per cent of the area median income, as determined by the United States Department of Housing and Urban Development.

(5) “Lessee” means a person, association or organization with whom a community land trust enters into a ground lease for the purpose of providing eligible housing.

(6) “Community land trust” means a nonprofit organization incorporated pursuant to chapter 602 or any predecessor statutes thereto that meets the requirements of section 47-301 .

(7) “Leasehold interest” means the real property interest of a lessee in a ground lease with a community land trust.

(8) “First option to purchase” means a right in favor of a community land trust to purchase the improvements and leasehold interest of a lessee, or any portion or portions thereof owned by or subleased to any resident of eligible housing therein, prior to the rights of any other party, at a limited equity price.

(9) “Limited equity price” means a price for the sale of any building or improvement located on land owned by a community land trust that is determined by means of a formula or similar calculation designed to maintain such building or improvement as eligible housing for the longest term possible, but not less than the term of the applicable ground lease.

(10) “Predominantly” means at least fifty per cent.
Conn. Gen. Stat. § 47-230a — Connecticut Code / Title 47 / Chapter 828 / Section 47-230a
Sec. 47-230a. Display of object on entry door or entry door frame which is motivated by observance of religious practice or belief. Restrictions.
Status: in_force

(b) Subsection (a) of this section shall not prohibit the enforcement or adoption of a bylaw that, to the extent allowed by the first amendment to the United States Constitution and section 3 of article first of the Constitution of the state, prohibits the display or affixing of an item on an entry door or entry door frame to the owner's, lessee's or sublessee's unit when such item: (1) Threatens the public health or safety; (2) hinders the opening and closing of an entry door; (3) violates any federal, state or local law; (4) contains graphics, language or any display that is obscene or otherwise patently offensive; (5) individually or in combination with each other item displayed or affixed on an entry door frame has a total size greater than twenty-five square inches; or (6) individually or in combination with each other item displayed or affixed on an entry door has a total size greater than four square feet.
Conn. Gen. Stat. § 47a-7 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-7
Sec. 47a-7. Landlord's responsibilities.
Status: in_force

(b) If any provision of any municipal ordinance, building code or fire code requires a greater duty of the landlord than is imposed under subsection (a) of this section, then such provision of such ordinance or code shall take precedence over the provision requiring such lesser duty in said subsection.

(c) The landlord and tenant of a single-family residence may agree in writing that the tenant perform the landlord's duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, or remodeling, provided the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

(d) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling if (1) the agreement of the parties is entered into in good faith; (2) the agreement is in writing; (3) the work is not necessary to cure noncompliance with subdivisions (1) and (2) of subsection (a) of this section; and (4) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

Cited. 190 C. 552; 191 C. 484; 196 C. 591; 208 C. 161; Id., 620; 211 C. 501; 213 C. 354; 217 C. 57; 231 C. 923; 235 C. 360, see also 40 CA 219; 242 C. 236.

Cited. 4 CA 209; Id., 608; 10 CA 527; 12 CA 172; 13 CA 1; 16 CA 444; 31 CA 359; 32 CA 133; 35 CA 126; judgment reversed, see 235 C. 360; 40 CA 219; Id., 595; 42 CA 324; judgment reversed, see 242 C. 236; 43 CA 578; 45 CA 46.

Tenants may plead breach of implied warranty of habitability as special defense to action for summary process. 35 CS 233. Cited. 36 CS 47; Id., 611; 37 CS 873. Failure to install smoke detectors constitutes a material safety hazard and tenants are relieved of obligation to pay rent during period detectors not installed. 38 CS 67. Cited. Id., 393; Id., 683; 41 CS 283; 44 CS 544.

Subsec. (a):

Subdiv. (4): Standard set forth in Subdiv. clearly requires plaintiffs to show more than their dissatisfaction with the condition and operation of work completed. 213 CA 375.

Subdiv. (2): Intent of legislature was to make landlord's duty to maintain premises in a habitable condition dependent upon the covenant to pay rent; tenant was relieved of obligation to pay rent while her apartment was uninhabitable. 35 CS 151. Tenant's unilateral, self-serving declaration that conditions violate municipal codes is insufficient to meet burden of proof that conditions justify withholding rent. Id., 549. No provision in statute requires landlord to provide lawn and yard care; such expense is not necessary to keep premises “fit and habitable”. Id., 603.
Conn. Gen. Stat. § 47a-54d — Connecticut Code / Title 47a / Chapter 833a / Section 47a-54d
Sec. 47a-54d. Public halls.
Status: in_force

(b) The owner of each tenement house shall provide for the lighting of all public halls at night.

Cited. 208 C. 161.

Cited. 35 CA 126; judgment reversed, see 235 C. 360.
Conn. Gen. Stat. § 47-42e — Connecticut Code / Title 47 / Chapter 822 / Section 47-42e
Sec. 47-42e. Municipal property acquired with intent to place restriction or dedicated as park or open space land. Recording in land records. Enforcement.
Status: in_force

(1) “Conservation restriction” has the same meaning as provided in section 47-42a ;

(2) “Preservation restriction” has the same meaning as provided in section 47-42a ; and

(3) “Open space land” has the same meaning as provided in section 12-107b .

(b) Whenever a municipality acquires any real property with the intent to place a conservation restriction, preservation restriction or other restriction on the use of such property, including acquiring property with funds specifically allocated for a conservation or preservation purpose, such municipality shall record in the land records a description of any such restriction and any applicable source of such restriction, including, but not limited to, the date of the referendum or local legislative body action that authorized such acquisition contingent upon certain use restrictions and the source of the funding for the acquisition of such property if such funding restricted the use of such property.

(c) Whenever a municipality intends to permanently protect any municipal property by dedicating such property as a park or open space land, such municipality shall record in the land records a description of such property, the date of such dedication and the local legislative body action that authorized such dedication.

(d) The failure of a municipality to comply with the provisions of subsection (b) or (c) of this section shall not be evidence of the lack of any such conservation restriction, preservation restriction or open space land dedication.

(e) Nothing in this section shall be construed to amend or alter any other legal right or obligation of a municipality concerning open space land or park land.

(f) If a municipality fails to comply with a dedication of land as open space land or park land or the terms of a conservation or preservation restriction, the Attorney General may bring an action in the superior court to enforce the public interest in such dedication or conservation or preservation restriction.
Conn. Gen. Stat. § 47a-20a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-20a
Sec. 47a-20a. Actions deemed not retaliatory.
Status: in_force

(b) Notwithstanding the provisions of section 47a-20 , a landlord may increase the rent of a tenant if: (1) The condition complained of was caused by the lack of due care by the tenant or another person of his household or a person on the premises with his consent or (2) the landlord 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.

(c) Nothing in this section or section 47a-20 shall be construed to in any way limit the defense provided in section 47a-33 .

See Sec. 47a-33 re defense that action is retaliatory.

Cited. 217 C. 313.

Cited. 4 CA 128; 16 CA 444; 32 CA 133. Section contains four exclusive grounds by which a landlord may rebut a presumption of retaliation under Sec. 47a-20 and because landlord did not prove at least one of those four grounds, he did not rebut the presumption of retaliation under Sec. 47a-20. 91 CA 142.

Cited. 38 CS 683; 40 CS 470.
Conn. Gen. Stat. § 47-63 — Connecticut Code / Title 47 / Chapter 824 / Section 47-63
Sec. 47-63. Definitions.
Status: in_force

Cited. 180 C. 474. State acquired jurisdiction over crimes committed on the Mashantucket Pequot Indian reservation by enactment of Sec. 1755 of title 25 of the U.S. Code; judgment of Appellate Court in 36 CA 106 reversed. 234 C. 78. Cited. 243 C. 115.

Cited. 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47a-15a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-15a
Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy. Charges for late rent.
Status: in_force

(b) If a rental agreement contains a valid written agreement to pay a late charge in accordance with subsection (a) of section 47a-4 a landlord may assess a tenant such a late charge on a rent payment made subsequent to the grace period in accordance with this section. Such late charge may not exceed the lesser of (1) five dollars per day, up to a maximum of fifty dollars, or (2) five per cent of the delinquent rent payment or, in the case of a rental agreement paid in whole or in part by a governmental or charitable entity, five per cent of the tenant's share of the delinquent rent payment. The landlord may not assess more than one late charge upon a delinquent rent payment, regardless of how long the rent remains unpaid.

Section provides tenants with a 9 day grace period in which to pay overdue rent, thus suggesting that 5 days is within the amount of time that society would consider reasonable for a defendant to believe that he has an expectation of privacy in his home notwithstanding the failure to pay the next month's rent. 332 C. 271.

Cited. 7 CA 301; 16 CA 574; 31 CA 575; 32 CA 133. Reinstatement of a lease triggers new nine day grace period within which tenant must pay rent in order to avoid a summary process action and landlord may serve new notice to quit on ground of nonpayment of rent only if tenant fails to pay rent on day of previous action's withdrawal or within nine days thereafter. 182 CA 725.

Cited. 38 CS 1; Id., 683; 39 CS 367; 40 CS 4; 42 CS 77.
Conn. Gen. Stat. § 47-271 — Connecticut Code / Title 47 / Chapter 828 / Section 47-271
Sec. 47-271. Escrow of deposits. Distribution of interest.
Status: in_force

(b) If such deposit is made in connection with the purchase or reservation of a unit to be occupied by the purchaser and is placed in an interest-bearing escrow account other than an account established and maintained pursuant to section 51-81c , any interest which accrues thereon from the date of such deposit until its disposition pursuant to subdivision (1), (2) or (3) of subsection (a) of this section shall be distributed as follows: (1) If such deposit is delivered to the declarant at closing or refunded to the purchaser, such interest shall be divided equally between the purchaser and the declarant; and (2) if such deposit is delivered to the declarant because of the purchaser's default under a contract to purchase the unit, such interest shall be paid to the declarant.

(c) Any person who procures the wrongful release of any escrow funds to the declarant or to a third party, with intent to defraud the purchaser, shall be guilty of embezzlement and on conviction shall be punished in the manner provided by law.
Conn. Gen. Stat. § 47a-9 — Connecticut Code / Title 47a / Chapter 830 / Section 47a-9
Sec. 47a-9. Landlord rules and regulations.
Status: in_force

(b) If a rule or regulation that would result in a substantial modification of the terms of the rental agreement is adopted after the tenant enters into the rental agreement, such rule or regulation is not valid unless the tenant consents to such rule or regulation in writing.

Cited. 32 CA 133; 45 CA 46.

Cited. 35 CS 274; 38 CS 683.
Conn. Gen. Stat. § 47a-26f — Connecticut Code / Title 47a / Chapter 832 / Section 47a-26f
Sec. 47a-26f. Hearing to distribute payments.
Status: in_force

Cited. 19 CA 32. Not reversible error for hearing to have occurred prior to entry of final judgment, where court issued no ruling after such hearing due to lack of a final judgment, and there was no indication defendant sought to introduce any testimony or raise any arguments other than those raised in prior hearing. 140 CA 57.

Cited. 37 CS 688; Id., 897; 38 CS 70; Id., 603; 40 CS 53.
Conn. Gen. Stat. § 47-88a — Connecticut Code / Title 47 / Chapter 825 / Section 47-88a
Sec. 47-88a. Consolidation of condominiums.
Status: in_force

(b) The merger agreement may only take effect following the agreement in writing of three-fourths of the unit owners and the mortgagees of three-fourths of the units subject to mortgage of each condominium.

(c) The vote of the unit owners in the resultant association shall be pursuant to subsection (b) of section 47-80 .

(d) The percentage interests in the common elements assigned to each unit of each condominium shall remain unchanged, and the title, description and separate character of each condominium shall remain unchanged.

(e) The amended bylaws, and if necessary the declaration, shall be recorded on the land records in the same manner as required for other amendments.

(f) The agreement for merger shall include such terms and conditions as may be necessary to effectuate the merger, and not otherwise inconsistent with this chapter or any provision of the general statutes. Notwithstanding the provisions of subsection (a) of section 47-90c , amended bylaws shall conform to the provisions of this chapter even if an affected condominium was declared prior to January 1, 1977.

(g) The resultant association shall have the power to assess common charges and distribute common profits on all member unit owners in the same manner and based upon the same percentage interest in the common expenses and profits of each condominium as its predecessor associations.
Conn. Gen. Stat. § 47-40 — Connecticut Code / Title 47 / Chapter 822 / Section 47-40
Sec. 47-40. Giving of notice when party unknown.
Status: in_force

Cited. 140 C. 370; 142 C. 296.
Conn. Gen. Stat. § 47a-54 — Connecticut Code / Title 47a / Chapter 833a / Section 47a-54
Sec. 47a-54. (Formerly Sec. 19-345). Communicable diseases; unfit for habitation; order to vacate.
Status: in_force

(b) If such order is not complied with within the time so specified, the board of health or other enforcing agency may cause such house, or part thereof, to be vacated.

(c) The board of health or other enforcing agency, whenever satisfied that the danger from such house, or part thereof, has ceased to exist, or that such house is fit for human habitation, may revoke such order or may extend the time within which the order may be complied with.

Annotation to former section 19-345:

Cited. 117 C. 351.

Annotation to present section:

Cited. 35 CA 126; judgment reversed, see 235 C. 360.
Conn. Gen. Stat. § 47a-54f — Connecticut Code / Title 47a / Chapter 833a / Section 47a-54f
Sec. 47a-54f. Paint.
Status: in_force

(b) Paint on the exposed surfaces of the interior of a tenement house shall not be cracked, chipped, blistered, flaking, loose, or peeling so as to constitute a health hazard. Testing, remediation, abatement and management of lead-based paint at a tenement house or its premises shall be as defined in, and in accordance with, the regulations, if any, adopted pursuant to section 19a-111c .

Presence of lead paint in violation of section constitutes negligence per se; section does not impose strict liability on landlords; because section does not modify common law elements of landlord premises liability, notice is relevant to tenant's cause of action. 235 C. 360.

Cited. 35 CA 126; judgment reversed, see 235 C. 360; 40 CA 219.
Conn. Gen. Stat. § 47-27 — Connecticut Code / Title 47 / Chapter 821 / Section 47-27
Sec. 47-27. Title by adverse possession by or against railroad or street railway corporation, against nonprofit land-holding organization or against investor-owned water company.
Status: in_force

(b) No length of possession, use or occupancy of land belonging to a nonprofit land-holding organization or of land subject to a conservation restriction, as defined in section 47-42a , held by a nonprofit land-holding organization shall create or continue any right in or to such land. As used in this subsection, “nonprofit land-holding organization” means a nonprofit corporation incorporated pursuant to chapter 602 or any predecessor statute thereto, having as one of its principal purposes the conservation and preservation of land.

(c) No length of possession, use or occupancy of land classified as class I or class II land under section 25-37c and belonging to an investor-owned water company shall create or continue any right in or to such land. The provisions of this subsection shall not affect any right in or to such land acquired by length of possession, use or occupancy pursuant to law prior to October 1, 2002. As used in this subsection, “water company” has the same meaning as provided in section 16-1 .

Cited. 154 C. 674.

Section serves as a toll on time period necessary for creation and perfection of a prescriptive easement re disputed parcel while land is being used for defendant's corporate purposes. 48 CA 251.

Cited. 14 CS 142; 17 CS 305. During the use of disputed parcel by defendant railway for corporate purposes, the time period under Sec. 47-37 (uninterrupted use for 15 years) does not run. 45 CS 251.
Conn. Gen. Stat. § 47-222 — Connecticut Code / Title 47 / Chapter 828 / Section 47-222
Sec. 47-222. Construction and validity of declaration, bylaws and rules. Marketability of title. Recording of surveys or plans.
Status: in_force

(b) The rule against perpetuities does not apply to defeat any provision of the declaration or of the bylaws or rules of the association.

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.

(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.

(e) In any case in which the surveys or plans required pursuant to section 47-228 , as identified in the declaration, are not recorded simultaneously with the remainder of the declaration but are recorded thereafter, the failure to record the survey or plans simultaneously with the remainder of the declaration is an insubstantial failure of the declaration to comply with this chapter.
Conn. Gen. Stat. § 47-28 — Connecticut Code / Title 47 / Chapter 821 / Section 47-28
Sec. 47-28. Admissibility of award of arbitrators as evidence.
Status: in_force

If submission is not executed as provided in section, award cannot pass title. 32 C. 115. Relocation of old boundary not within section. 87 C. 684. Cited. 181 C. 449. Parties' failure to comply with requirements of section by recording their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator and trial court of subject matter jurisdiction over case; terms of section are not jurisdictional in nature as between parties to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third parties. 276 C. 599.
Conn. Gen. Stat. § 47a-52 — Connecticut Code / Title 47a / Chapter 833a / Section 47a-52
Sec. 47a-52. (Formerly Sec. 19-88). Abatement of conditions in rented dwelling other than tenement house constituting danger to life or health.
Status: in_force

(b) “Department of health” means the health authority of each city, borough or town, by whatever name such health authority may be known.

(c) When any defect in the plumbing, sewerage, water supply, drainage, lighting, ventilation, or sanitary condition of a rented dwelling, or of the premises on which it is situated, in the opinion of the department of health of the municipality where such dwelling is located, constitutes a danger to life or health, the department may order the responsible party to correct the same in such manner as it specifies. If the responsible party is a registrant, the department may deliver the order in accordance with section 7-148ii , provided nothing in this section shall preclude a director from providing notice in another manner permitted by applicable law. If the order is not complied with within the time limit set by the department, the person in charge of the department may institute a civil action for injunctive relief, in accordance with chapter 916, to require the abatement of such danger.

(d) Paint on the exposed surfaces of the interior of a rented dwelling shall not be cracked, chipped, blistered, flaking, loose or peeling so as to constitute a health hazard. Testing, remediation, abatement and management of lead-based paint at a rented dwelling or its premises shall be as defined in, and in accordance with, the regulations, if any, adopted pursuant to section 19a-111c .

(e) When the department of health certifies that any such rented dwelling or premises are unfit for human habitation, by reason of defects which may cause sickness or endanger the health of the occupants, the department may issue an order requiring the rented dwelling, premises or any portion thereof to be vacated within not less than twenty-four hours or more than ten days.

(f) Any person who violates or assists in violating, or fails to comply with, any provision of this section or any legal order of a department of health made under any such provision shall be guilty of a class C misdemeanor.

(g) Any person aggrieved by an order issued under this section may appeal, pursuant to section 19a-229 , to the Commissioner of Public Health.

Cited. 192 C. 207; 211 C. 501.
Conn. Gen. Stat. § 47-4 — Connecticut Code / Title 47 / Chapter 821 / Section 47-4
Sec. 47-4. Rule in Shelley's case, and collateral warranties, abolished.
Status: in_force

Rule in Shelley's case formerly in force in Connecticut. 1 D. 299; 10 C. 448. Act of 1821 abolishing rule does not affect act of 1784 against perpetuities. 60 C. 499. Cited. 74 C. 636; 127 C. 10.
Conn. Gen. Stat. § 47a-14e — Connecticut Code / Title 47a / Chapter 830 / Section 47a-14e
Sec. 47a-14e. (Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.
Status: in_force

Cited. 32 CA 133.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47-248 — Connecticut Code / Title 47 / Chapter 828 / Section 47-248
Sec. 47-248. Bylaws.
Status: in_force

(b) Subject to the declaration and this chapter, the bylaws may provide for any other necessary or appropriate matters including matters that could be adopted as rules.

Cited. 208 C. 318.

Cited. 38 CA 420.
Conn. Gen. Stat. § 47-33j — Connecticut Code / Title 47 / Chapter 821 / Section 47-33j
Sec. 47-33j. Notice not to be recorded to slander title. Damages.
Status: in_force

Cited. 183 C. 59; 219 C. 81; 239 C. 199.

Cited. 3 CA 550; 31 CA 87; 44 CA 683; 46 CA 525. Plaintiff was not required to prove that it demanded that defendants release the mortgages in order to prove slander of title. 144 CA 624. Sec. 52-577 provides appropriate limitations period for slander of title claim under section, and limitations period begins to run at occurrence of act complained of, in this case, at recording of deed and survey. 185 CA 627.

Cited. 34 CS 31.
Conn. Gen. Stat. § 47-218 — Connecticut Code / Title 47 / Chapter 828 / Section 47-218
Sec. 47-218. Applicability to amendments to governing instruments.
Status: in_force

(b) Except as otherwise provided in subsections (i) and (j) of section 47-236 , an amendment to the declaration, bylaws or surveys and plans authorized by subsection (a) of this section shall be adopted in conformity with any procedures and requirements for amending the instruments specified by those instruments or, if there are none, in conformity with the amendment procedures of this chapter. If an amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.
Conn. Gen. Stat. § 47-13 — Connecticut Code / Title 47 / Chapter 821 / Section 47-13
Sec. 47-13. Conveyance of property acquired prior to change of name.
Status: in_force

Social custom of woman to change name upon marriage, recognized. 30 CS 385.
Conn. Gen. Stat. § 47-36eee — Connecticut Code / Title 47 / Chapter 821c / Section 47-36eee
Sec. 47-36eee. Petitions for relief.
Status: in_force

(b) Upon filing a petition under subsection (a) of this section, the petitioner shall provide reasonable notice to the Attorney General and all persons who hold an interest in the residential real property disclosing that the petitioner has filed such petition with the court. The petitioner shall append to the petitioner's complaint a statement certifying that the petitioner has provided such reasonable notice. Such statement shall include the names of such other persons, if known, the nature of their interests in such residential real property and the manner in which the petitioner provided such reasonable notice. If the petitioner fails to provide such reasonable notice, the court may direct the petitioner to provide such reasonable notice and certify to the court that the petitioner has provided such reasonable notice.

(c) In reviewing a petition filed under subsection (a) of this section, the court may only consider evidence as to whether the real estate listing provider recorded or rerecorded, or caused to be recorded or rerecorded, an unfair real estate listing agreement or a notice or memorandum thereof. The court may issue an order declaring such agreement, notice or memorandum to be void and unenforceable upon a showing that such agreement, notice or memorandum does not comply with the provisions of sections 47-36aaa to 47-36fff , inclusive. Such order shall include the volume and page number of the land records where such agreement, notice or memorandum is recorded or rerecorded, and shall direct the town clerk of the town in which the residential real property is located to discharge the recording or rerecording of such agreement, notice or memorandum as void and unenforceable.

(d) If any unfair real estate listing agreement or notice or memorandum thereof is recorded or rerecorded, any person with an interest in the residential real property that is the subject of such agreement may recover such actual damages, costs and attorney's fees as may be proven against the real estate listing provider who recorded or rerecorded such agreement, notice or memorandum or caused such agreement, notice or memorandum to be recorded or rerecorded. Such actual damages, costs and attorney's fees shall be in lieu of any damages, costs and attorney's fees awarded in any action brought under chapter 735a for a violation of subsection (a) of section 47-36bbb .
Conn. Gen. Stat. § 47-38 — Connecticut Code / Title 47 / Chapter 822 / Section 47-38
Sec. 47-38. Mode of preventing acquisition.
Status: in_force

Cited. 140 C. 370; 142 C. 296; 143 C. 40. Trial court properly determined that boundary line agreement did not constitute notice of intent to prevent airport defendant from acquiring an easement and, therefore, did not prevent airport defendants from acquiring a prescriptive easement in the land trust properties. 275 C. 105. None of defendant's actions, including the posting of “no trespassing” signs, was sufficient to interrupt plaintiff's continuous use of property. 296 C. 43.

Cited. 40 CS 272.
Conn. Gen. Stat. § 47-262 — Connecticut Code / Title 47 / Chapter 828 / Section 47-262
Sec. 47-262. Applicability of part. Exceptions to requirement of public offering statement or resale certificate.
Status: in_force

(b) Neither a public offering statement nor a resale certificate need be prepared or delivered in the case of: (1) A disposition of a unit without consideration; (2) a disposition pursuant to court order; (3) a disposition by a government or governmental agency; (4) a disposition by foreclosure or deed in lieu of foreclosure; (5) a disposition to a purchaser of a unit restricted to nonresidential use, whether or not the common interest community is subject to this chapter; (6) a disposition that may be cancelled at any time and for any reason by the purchaser without penalty; (7) a disposition of a unit in a common interest community that, as provided in subsection (c) of section 47-215 , (A) contains no more than twelve units, (B) is not subject to any development rights and (C) does not utilize a master association; or (8) a disposition of a unit in a planned community in which the declaration limits the annual average common expense liability of all units as provided in subdivision (3) of subsection (a) of section 47-215 .
Conn. Gen. Stat. § 47a-56f — Connecticut Code / Title 47a / Chapter 833a / Section 47a-56f
Sec. 47a-56f. (Formerly Sec. 19-347e). Payment of expenses. Liability of receiver. Assistance of municipal personnel. Costs and attorney's fees.
Status: in_force

(b) The receiver shall be liable for injuries to persons and property by reason of the condition of the property for which he is receiver in a case where an owner would have been liable, but the receiver shall be liable only to the extent that he is insured against such liability or to the extent that he would have been insured against such liability had he purchased and maintained the insurance required by section 47a-56d . The receiver shall not be liable for such injury in his personal capacity or out of the assets in his hands as receiver, except as provided above.

(c) The personnel and facilities of the municipality and the corporation counsel shall be availed of by the receiver for the purpose of carrying out his duties as such receiver and the cost of such services shall be deemed a necessary expense of the receiver.

(d) The municipality shall be entitled to its costs in filing an application under section 47a-56a and a reasonable attorney's fee, to be determined by the court.
Conn. Gen. Stat. § 47-217 — Connecticut Code / Title 47 / Chapter 828 / Section 47-217
Sec. 47-217. Exception for certain preexisting common interest communities.
Status: in_force

(b) If a common interest community created within this state before January 1, 1984, was formed pursuant to a special act of the legislature, it is not subject to the provisions of this chapter unless a majority of the unit owners vote, in conformity with applicable law, to subject such common interest community to the provisions of this chapter. If a majority of the unit owners so vote, the provisions of this chapter apply to such common interest community in the manner described in section 47-216 and this section.
Conn. Gen. Stat. § 47a-18a — Connecticut Code / Title 47a / Chapter 830 / Section 47a-18a
Sec. 47a-18a. Judicial relief if landlord unlawfully enters.
Status: in_force

Cited. 32 CA 133; 45 CA 46. Term “one month's rent” includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord; attorney's fees provision found in section is not limited to percentage of the award of damages; other factors relevant to reasonableness of an award of attorney's fees under statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. 88 CA 193. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.

Cited. 38 CS 683.
Conn. Gen. Stat. § 47-59b — Connecticut Code / Title 47 / Chapter 824 / Section 47-59b
Sec. 47-59b. Indian Affairs Council; composition, duties, executive director, regulations, report.
Status: in_force

(b) The Indian Affairs Council shall review the regulations governing Indian affairs in the state of Connecticut and advise the Commissioner of Energy and Environmental Protection on promulgation of new regulations. The council shall report annually, no later than September first, to the Governor and the General Assembly on the activities of the council and the state of affairs of the Indian people in the state.

See Sec. 47-65 re management of reservations and reservation residents and re duties of Commissioner of Energy and Environmental Protection in connection with reservation management.

Indian Affairs Council is an “agency” within the meaning of Sec. 4-166(1) and is subject to the provisions of the Uniform Administrative Procedure Act. 180 C. 474. Cited. 243 C. 115.

Cited. 18 CA 4; 22 CA 229; judgment reversed, see 217 C. 612.
Conn. Gen. Stat. § 47-53 — Connecticut Code / Title 47 / Chapter 823 / Section 47-53
Sec. 47-53. Apportionment of division fence. Penalty.
Status: in_force

Fence viewers have no power to settle disputed lines or bounds. 28 C. 198; 101 C. 289.

Cited. 4 Conn. Cir. Ct. 196, 199.
Conn. Gen. Stat. § 47a-24 — Connecticut Code / Title 47a / Chapter 832 / Section 47a-24
Sec. 47a-24. (Formerly Sec. 52-532a). Action by cooperative housing corporation.
Status: in_force

Cited. 1 CA 439.

Cited. 38 CS 70.
Conn. Gen. Stat. § 47-74e — Connecticut Code / Title 47 / Chapter 825 / Section 47-74e
Sec. 47-74e. Implied warranties.
Status: in_force

(b) This implied warranty shall inure to the benefit of each unit owner and his successors, and to the benefit of the declarant, as follows: (1) As to the roof and structural components of a building or other improvement, and as to mechanical, electrical and plumbing components serving a building or improvement, as distinguished from mechanical components serving only a unit, there shall be the following warranties: (A) From the declarant for the period beginning with the date of the first occupancy or use of a building or improvement by a unit owner other than the declarant, and ending one year thereafter; (B) from the contractor, subcontractors and suppliers for a period of one year from the completion of construction or installation. (2) As to all other components of a building or other improvement there shall be the following warranties: (A) From the declarant for a period of one year from the date of the closing of a sale of a unit or from the date of first occupancy of the unit, whichever shall first occur, as to such unit and the limited common elements appurtenant thereto, and as to all other buildings and real estate improvements beginning with the date of first use of the same by a unit owner other than the declarant; (B) from the contractor, subcontractors and suppliers, as to each building or other improvement, for a period of one year from the completion of construction thereof.

(c) The warranties herein provided may be asserted by a unit owner or by the unit owners' association on its own behalf or on behalf of one or more unit owners, and shall be conditioned upon the performance of routine maintenance.

Although statute applies only to units sold on and after January 1, 1977, it is not exclusive remedy and nonstatutory implied warranty will be imposed on builder-vendor of condominium. 36 CS 160.