reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-26i. - Motion to open or set aside judgment or to extend final stay of execution.

If a motion to open or set aside, or to extend a final stay of execution of, a summary process judgment is filed with the court, the court shall, not later than the first court day after the filing of such motion, conduct an ex parte review of the motion and grant the motion, deny the motion or schedule a hearing on the motion as the court deems warranted under the circumstances.
(P.A. 96-74, S. 7; P.A. 99-157, S. 1.)
History: P.A. 99-157 made provisions applicable to a motion to extend a final stay of execution, required the court to conduct the ex parte review of a motion and take action “not later than the first court day after the filing of such motion” and deleted the provision that allowed the court to schedule a hearing without first reviewing the motion.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-27. (Formerly Sec. 52-535). - Summary process by assignee and mortgagee.

The remedy provided by this chapter in favor of lessors shall extend to all persons deriving title from the lessor or lessee of any land, building, apartment or dwelling unit and to the mortgagee of any land, building, apartment or dwelling unit, after his title has become absolute by foreclosure, and to all persons deriving title from him, or from the mortgagor. On a complaint by the mortgagee or his assigns, it shall be sufficient for him to prove the mortgage and his title thereunder, the foreclosure and the failure to redeem, that notice to quit at or after the expiration of the time limited for redemption has been served on the defendant and that he is the mortgagor, or one holding under him, and holds possession after the expiration of the term specified in such notice, unless the defendant can show a superior title in himself.
(1949 Rev., 8278; P.A. 77-451, S. 8.)
History: Sec. 52-535 transferred to Sec. 47a-27 in 1977; P.A. 77-451 added references to dwelling units.
Annotation to former section 52-535:
Grantee of leased premises succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.
Annotations to present section:
If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is an appropriate remedy. 52 CA 37.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-28. (Formerly Sec. 52-536). - Action by selectmen.

An action of summary process may be maintained by the selectmen of a town in its name to gain possession or occupancy of any land or buildings belonging to such town, which is held under a lease or by one in possession or occupancy thereof without right, title or privilege.
(1949 Rev., S. 8279; 1949, S. 3220d; 1957, P.A. 291, S. 3; 1959, P.A. 28, S. 131; 1961, P.A. 517, S. 49; P.A. 74-183, S. 116, 291; P.A. 76-436, S. 506, 681.)
History: 1959 act provided action be before circuit court rather than before trial justice, alternate trial justice or municipal court, all of which were abolished; 1961 act deleted provision for actions brought by county commissioners for county, county government having been abolished; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 deleted provision which had required that action be brought to and tried before common pleas court, effective July 1, 1978; Sec. 52-536 transferred to Sec. 47a-28 in 1977.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-29. (Formerly Sec. 52-537). - Action by reversion or remainderman.

When any lessee occupies any land, building, apartment or dwelling unit under a lease or rental agreement from a tenant for life, any person entitled to the reversion or remainder may, upon the death of such tenant for life, proceed against such lessee by summary process, in the manner prescribed in this chapter. All proceedings commenced by such tenant for life for the recovery of such leased premises may, upon his death, be prosecuted in the name of the reversioner or remainderman, in the same manner as the lessor might have prosecuted the same if living.
(1949 Rev., S. 8280; P.A. 77-451, S. 9; P.A. 79-571, S. 44.)
History: Sec. 52-537 transferred to Sec. 47a-29 in 1977; P.A. 77-451 added reference to dwelling units; P.A. 79-571 added reference to rental agreements, specified tenants as “tenants for life” and made minor changes in wording.
Annotation to former section 52-537:
Necessary averments in complaint. 35 C. 391.
Annotation to present section:
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-30. (Formerly Sec. 52-538). - Eviction of former farm employee, domestic servant, caretaker, manager or other employee.

(a) When any farm employee or any domestic servant, caretaker, manager or other employee as described in section 47a-36 occupies a dwelling, dwelling unit or tenement furnished by his employer and when his employment is terminated by himself or his employer, or such employee fails to report for employment, and fails to vacate the premises in which he is residing, he shall be given not less than three days' notice to quit possession of such premises on the form prescribed by section 47a-23.
(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.
(1955, S. 3215d; 1957, P.A. 37; P.A. 77-451, S. 10; P.A. 79-571, S. 45; P.A. 95-247, S. 4; P.A. 04-127, S. 5; P.A. 05-288, S. 168.)
History: Sec. 52-538 transferred to Sec. 47a-30 in 1977 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 77-451 added reference to “dwelling unit”; P.A. 79-571 divided section into Subsecs. and rephrased provisions; P.A. 95-247 amended Subsec. (a) to add “or any domestic servant, caretaker, manager or other employee as described in subsection (b) of section 47a-36”; P.A. 04-127 amended Subsec. (a) by changing notice period from not less than five days to not less than three days; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-31. (Formerly Sec. 52-539). - Illegal use of premises voids lease.

When the lessee or tenant of any house, room, tenement or dwelling unit is convicted of keeping a house of ill-fame therein, resorted to for the purpose of prostitution or lewdness, or of a violation therein of any law against gaming, the lease, contract or rental agreement for letting such house, room, tenement or dwelling unit shall thereupon be void; and the lessor may recover possession of the premises in the manner prescribed in this chapter, but notice to quit possession shall not be required.
(1949 Rev., S. 8281; P.A. 79-571, S. 50.)
History: Sec. 52-539 transferred to Sec. 47a-31 in 1977; P.A. 79-571 added references to dwelling units and rental agreements and rephrased provisions.
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.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-32. (Formerly Sec. 52-540). - Nuisance defined.

In any action of summary process based upon nuisance, that term shall be taken to include, but shall not be limited to, any conduct which interferes substantially with the comfort or safety of other tenants or occupants of the same or adjacent buildings or structures.
(1949, S. 3214d.)
History: Sec. 52-540 transferred to Sec. 47a-32 in 1977.
Annotation to former section 52-540:
Cited. 241 C. 502.
Annotations to present section:
Cited. 57 CA 731.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-33. (Formerly Sec. 52-540a). - Defense that action is retaliatory.

In any action for summary process under this chapter or section 21-80 it shall be an affirmative defense that the plaintiff brought such action solely because the defendant attempted to remedy, by lawful means, including contacting officials of the state or of any town, city, borough or public agency or filing a complaint with a fair rent commission, any condition constituting a violation of any of the provisions of chapter 368o, or of chapter 412, or of any other state statute or regulation or of the housing or health ordinances of the municipality wherein the premises which are the subject of the complaint lie. The obligation on the part of the defendant to pay rent or the reasonable value of the use and occupancy of the premises which are the subject of any such action shall not be abrogated or diminished by any provision of this section.
(1969, P.A. 315; 1972, P.A. 160, S. 4; 186, S. 14; P.A. 74-333, S. 6, 12; P.A. 78-303, S. 118, 136; P.A. 79-560, S. 20, 39.)
History: 1972 acts specified as affirmative defense that plaintiff brought action because defendant sought remedy by filing complaint with fair rent commission and added reference to statutes and regulations other than provisions of Ch. 352 and later added reference to Ch. 412; P.A. 74-333 added reference to Sec. 21-80; Sec. 52-540a transferred to Sec. 47a-33 in 1977; P.A. 78-303 deleted reference to Sec. 21-80; P.A. 79-560 restored reference to Sec. 21-80.
See Sec. 47a-20 prohibiting retaliatory action by landlord.
See Sec. 47a-21 re actions deemed not to be retaliatory.
Annotations to former section 52-540a:
Cited. 33 CS 15. Defense of retaliatory eviction not available in summary process action for nonpayment of rent. 34 CS 594.
Cited. 6 Conn. Cir. Ct. 207, 208.
Annotations to present section:
Cited. 178 C. 586; 217 C. 313.
Cited. 1 CA 439; 16 CA 444.
Cited. 35 CS 233. Section establishes retaliatory action as affirmative defense; no presumptions permitted under section and tenant, by affirmative proof, must establish landlord's primary motive in seeking eviction was in retaliation for tenant's exercise of his statutory right to report housing code violations; burden of persuasion for affirmative defense rests upon tenant who asserts it. Id., 261. Cited. 36 CS 47; 38 CS 70; Id., 370.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-34. (Formerly Sec. 52-541). - Other legal remedies not affected.

All persons claiming title to premises concerning which any proceedings under this chapter have been had shall be entitled to any other legal remedy in the same manner as if such proceedings had not been had.
(1949 Rev., S. 8282; P.A. 79-571, S. 58.)
History: Sec. 52-541 transferred to Sec. 47a-34 in 1977; P.A. 79-571 deleted the word “notwithstanding” preceding “be entitled”.
Cited. 37 CS 889; 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-35a. - Bond on appeal. Rent to be paid into court.

(a) When any appeal is taken by the defendant occupying a dwelling unit as defined in section 47a-1 in an action of summary process, he shall, within the period allowed for taking such appeal, give a bond with surety to the adverse party to guarantee payment for all rents that may accrue during the pendency of such appeal, or, where no lease had existed, for the reasonable value for such use and occupancy that may so accrue; provided the court shall upon motion by the defendant and after hearing thereon order the defendant to deposit with the court payments for the reasonable fair rental value of the use and occupancy of the premises during the pendency of such appeal accruing from the date of such order. Such order shall permit the payment of such amount in monthly installments, as it becomes due, and compliance with such order shall be a substitute for any bond required by this section. 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 rent.
(b) In any other appeal the court on its own motion or on motion of the parties, may fix a sufficient bond with surety to the adverse party in such amount as it may determine.
(c) When any appeal is taken by a plaintiff in an action of summary process, the court, upon motion of the plaintiff and after a hearing thereon, shall order the defendant to deposit with the court payments in monthly installments, as each payment becomes due, for the reasonable fair rental value of the use and occupancy of the premises during the pendency of the appeal accruing from the date of such order.
(P.A. 79-571, S. 61; P.A. 89-254, S. 11; P.A. 93-209, S. 3.)
History: P.A. 89-254 amended Subsec. (a) to add provision that if all or a portion of the rent is being paid by certain third parties the defendant satisfies the requirement by depositing with the court an amount equal to his portion of the rent; P.A. 93-209 added Subsec. (c) requiring the defendant to deposit with the court monthly use and occupancy payments during the pendency of an appeal taken by the plaintiff.
Where no lease existed and defendant made a motion to make payments for reasonable fair rental value of the property, an appeal bond is not required. 249 C. 482.
Cited. 5 CA 153; 29 CA 139; 40 CA 513. Defendants who occupy dwelling units and appeal summary process actions have affirmative duty to initiate process by which court sets amount of bond with security or establishes use and occupancy payments. 140 CA 383.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-35b. - Distribution of payments after appeal.

Upon final disposition of the appeal, the trial court shall hold a hearing to determine the amount due each party from the accrued payments for use and occupancy and order distribution in accordance with such determination. Such determination shall be based upon the respective claims of the parties arising during the pendency of the proceedings after the date of the order for payments and shall be conclusive of those claims only to the extent of the total amount distributed.
(P.A. 79-571, S. 62.)
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.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-36. (Formerly Sec. 52-543). - Occupancies to which stay of execution provisions are inapplicable.

Sections 47a-37 to 47a-41, inclusive, shall not apply to (1) housing accommodations situated on a farm and occupied by a tenant who is engaged for a substantial portion of his time in farming operations thereon, (2) dwelling space occupied by domestic servants, caretakers, managers or other employees, to whom the space is provided as part or all of their compensation and who are employed for the purpose of rendering services in connection with the premises of which the dwelling space is a part, (3) land, housing accommodations or a trailer, used or occupied for dwelling purposes, or any land upon which a trailer is used, stands or is occupied for dwelling purposes located in a resort community and customarily rented or occupied on a seasonal basis, or (4) transient occupancy of a dwelling unit in a hotel or motel or similar lodging.
(1949 Rev., S. 8285; 1949, S. 3222d; P.A. 77-451, S. 11; P.A. 79-571, S. 63; P.A. 82-472, S. 131, 183; P.A. 89-254, S. 12; P.A. 92-171, S. 7; P.A. 95-247, S. 5; P.A. 96-74, S. 4.)
History: Sec. 52-543 transferred to Sec. 47a-36 in 1977 and internal references to other sections revised as necessary to reflect their transfer; P.A. 77-451 added reference to dwelling units; P.A. 79-571 divided section into Subsecs., adding reference to Secs. 47a-26a, 47a-26b and 47a-26d in Subsec. (a) and replacing alphabetic Subdiv. indicators with numeric indicators in Subsec. (b); P.A. 82-472 made technical change; P.A. 89-254 amended Subsec. (b)(4) by replacing “any room or rooms in a hotel, lodging house or rooming house” with “transient occupancy of a dwelling unit in a hotel or motel or similar lodging”; P.A. 92-171 amended Subsec. (a) to reduce the period of the stay of execution from 20 to 15 days and to add as an exception to such period a judgment rendered based on the ground set forth in Sec. 47a-23(a)(2); P.A. 95-247 amended Subsec. (a) to delete provision that limited applicability of section to any land, building, dwelling unit or trailer “used or occupied for dwelling purposes”; P.A. 96-74 deleted Subsec. (a) that had provided an automatic stay of execution of 15 days if the judgment was rendered for any reason other than nonpayment of rent, nuisance committed or permitted by the defendant, the use of or permitting the use of the premises for an immoral or illegal purpose or the ground set forth in Sec. 47a-23(a)(2), and replaced reference to Sec. 47a-36 with Sec. 47a-37.
Annotations to former section 52-543:
Cited. 19 CS 40; 20 CS 392.
Cited. 3 Conn. Cir. Ct. 561.
Annotations to present section:
Cited. 35 CS 274; 36 CS 623; 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-38. (Formerly Sec. 52-545). - Hearing on application for stay of execution.

Upon the receipt of any application for stay of execution, the clerk of the Superior Court shall include the matter on the short calendar for a hearing on the application, and shall give each party or his attorney at least three days' notice of the time and place of the hearing.
(1955, S. 3224d; 1961, P.A. 509, S. 6; P.A. 74-183, S. 118, 291; P.A. 76-436, S. 508, 681; P.A. 79-571, S. 65.)
History: 1961 act updated statute, deleting provision for receipt of court record in summary process action and substituting circuit for common pleas court, and added matter be included on short calendar; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 52-545 transferred to Sec. 47a-38 in 1977; P.A. 79-571 replaced “such” with “the” where appearing.
Cited. 36 CS 623; 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-40. (Formerly Sec. 52-547). - No entry fee, judgment fee or costs on application or hearing.

No entry fee and no judgment fee shall be required and no costs shall be taxed in favor of either party in connection with an application for a stay of execution and the hearing thereon.
(1949 Rev., S. 8289; 1961, P.A. 509, S. 8; P.A. 79-571, S. 66.)
History: 1961 act updated statute, deleting specification section apply to court of common pleas, and added stipulation re application and hearing; Sec. 52-547 transferred to Sec. 47a-40 in 1977; P.A. 79-571 substituted “an application for a stay of execution” for “such application”.
Cited. 36 CS 623; 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-41. (Formerly Sec. 52-548). - Waiver of tenant's rights to be void.

Any provision of a lease or rental agreement whereby a lessee or tenant waives the benefits of sections 47a-36 to 47a-40, inclusive, or any provision of any lease or rental agreement which limits the rights of any lessee or tenant under the provisions of said sections, is against public policy and void.
(1949 Rev., S. 8290; P.A. 79-571, S. 67.)
History: Sec. 52-548 transferred to Sec. 47a-41 in 1977; P.A. 79-571 added references to rental agreements and substituted “is” for “shall be deemed to”.
Cited. 36 CS 623; 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 832 - Summary Process › Section 47a-41a. - Execution void after six months.

An execution to enforce a summary process judgment shall not be issued after the expiration of six months from the date such judgment was entered, except that any period during which execution was stayed shall be excluded from the computation of the period of limitation.
(P.A. 79-571, S. 68; P.A. 80-399, S. 6.)
History: P.A. 80-399 changed deadline for execution from one year to six months and deleted language referring to stays of execution pursuant to Secs. 47a-35 to 47a-41.
Cited. 38 CS 70.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833 - Entry and Detainer › Section 47a-44. (Formerly Sec. 52-463). - Judge to try issue unless jury moved for and bond posted.

The issue joined on a complaint brought under section 47a-43 shall be tried by the judge, unless one of the parties, before the issue is joined, moves for a jury and gives bond with sufficient surety to the adverse party to answer all damages in case he fails to make his plea good.
(1949 Rev., S. 8199; 1953, S. 3210d; 1971, P.A. 40, S. 9; P.A. 77-451, S. 4; P.A. 79-571, S. 39.)
History: 1971 act amended section to remove prior option for twelve jurors upon specific request; P.A. 77-451 included findings that damage was caused to premises or personal property or that personal property was detained or that party out of possession would have to cause damage to premises or commit a breach of peace to regain possession; Sec. 52-463 transferred to Sec. 47a-44 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 removed all previous provisions other than provision for trial of complaint by judge, reincorporating deleted provisions in Secs. 47a-45 and 47a-45a.
Annotations to former section 52-463:
If jury disagree, another may be summoned. 4 C. 93. Evidence that complainant has no title is irrelevant. Id., 94. Taxation of costs. Id., 95. A writ of error is a supersedeas of the writ of restitution. Id.; Id., 371. Not guilty, a good plea. 18 C. 86. General verdict sufficient. Id., 85; Id., 101. Each party may challenge two jurors. 20 C. 518. Cited. 150 C. 348.
Distinguished from civil action under Sec. 52-465. 30 CS 607.
Annotation to present section:
Cited. 203 C. 103.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833 - Entry and Detainer › Section 47a-45. (Formerly Sec. 52-464). - Summoning of jury.

If motion is made for a jury, the names of the jurors to compose a six person panel to try such cause shall be drawn, by the clerk of the court in which the case is to be tried, from the jury box in the same manner as is provided by law in civil cases. A sufficient number shall be drawn to allow for three peremptory challenges on each side and three peremptory challenges shall be allowed to each side. The judge shall excuse any juror whom he finds disqualified to sit on such case. The jury shall be impaneled and sworn to inquire into the complaint brought under section 47a-43.
(1949 Rev., S. 8200; 1953, S. 3211d; 1971, P.A. 40, S. 10; P.A. 79-571, S. 40; P.A. 97-200, S. 2.)
History: 1971 act deleted provisions which had allowed four peremptory challenges for twelve-member juries, the option for full juries having been abolished; Sec. 52-464 transferred to Sec. 47a-45 in 1979 and reference to Sec. 52-422 revised to reflect its transfer; P.A. 79-571 restated provisions and added provisions formerly found in Sec. 47a-44 re jury size and re impaneling and swearing of jurors; P.A. 97-200 deleted provision which prohibited drawing jurors from town in which premises wherein alleged injury took place are situated.
Annotation to former section 52-464:
Distinguished from civil action under Sec. 52-465. 30 CS 607.
Annotations to present section:
Cited. 45 CA 46.
Cited. 40 CS 107.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833 - Entry and Detainer › Section 47a-45a. - Finding. Judgment. Costs. Title to land not affected.

(a) If it is found (1) that a forcible entry has been made into the land, tenement or dwelling unit, or (2) that the same are detained with force and strong hand, or (3) that damage has been caused to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) that the party put out of possession would be required to cause damage to the premises or commit a breach of the peace in order to regain possession, as complained of, the judge shall render judgment that the complainant be restored to, and reseized of, the premises or that the personal property removed or detained be returned to the complainant, and shall award a writ of restitution accordingly. The complainant shall recover costs from the person complained of. Execution shall be granted against the person complained of.
(b) If the person complained of is found not guilty, costs shall be taxed against the complainant and execution shall be granted against the complainant.
(c) The judgment rendered in such proceeding shall not affect or be evidence of the title to such land, tenement or dwelling unit.
(P.A. 79-571, S. 41; P.A. 80-483, S. 127, 186; P.A. 84-266, S. 1, 4.)
History: P.A. 80-483 made technical changes; P.A. 84-266 amended Subsec. (a) to authorize the judge to render judgment that the personal property removed or detained be returned to the complainant.
Cited. 38 CS 1.
Subsec. (a):
Trial court did not err in failing to award plaintiffs attorney's fees as a recoverable cost under Subsec.; statutory provision is devoid of any express language authorizing an award of attorney's fees, court will not presume that legislature intended for statute to operate in derogation of the long-standing common-law rule disfavoring award of attorney's fees to prevailing party. 87 CA 779.
Subsec. (c):
Court order restoring tenant to possession did not create a new right or privilege to occupy the premises but rather restored the status quo ante. 121 CA 790.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833 - Entry and Detainer › Section 47a-46. (Formerly Sec. 52-465). - When double damages allowable.

The party aggrieved may recover in a civil action double damages and his costs against the defendant, if it is found on the trial of a complaint brought under section 47a-43 that he entered into the land, tenement or dwelling unit by force or after entry held the same by force or otherwise injured the party aggrieved in the manner described in section 47a-43.
(1949 Rev., S. 8201; P.A. 76-95, S. 22, 27; 76-435, S. 75, 82; P.A. 79-571, S. 42; P.A. 80-483, S. 128, 186.)
History: P.A. 76-95 allowed recovery of double rather than treble damages and authorized recovery of damages in cases where defendant “otherwise injured the party aggrieved in the manner described in section 52-462”; P.A. 76-435 revised effective date section of P.A. 76-95; Sec. 52-465 transferred to Sec. 47a-46 in 1979 and reference to Sec. 52-462 revised to reflect its transfer; P.A. 79-571 added reference to dwelling units and changed wording slightly; P.A. 80-483 made technical changes.
Annotations to former section 52-465:
Action for damages is not defeated by proof of title in defendant. 6 C. 80.
Statute merely provides for damages and costs. 30 CS 607.
Annotations to present section:
Standard of proof required for award of double damages under statute is same as that of other tort cases; judgment of Appellate Court in 24 CA 124 reversed. 221 C. 674.
Cited. 24 CA 124; judgment reversed, see 221 C. 674; 43 CA 1. Trial court did not err in failing to award plaintiffs attorney's fees as a recoverable cost under section; section is devoid of any express language authorizing an award of attorney's fees, court will not presume that legislature intended for statute to operate in derogation of the long-standing common-law rule disfavoring award of attorney's fees to prevailing party. 87 CA 779. Where damages awarded under this section encompass the same conduct as for damages awarded pursuant to Sec. 47a-18a, the sum for actual damages may not be included in the award pursuant to both sections. 89 CA 836.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-50. - Definitions.

The following terms, when used in this chapter, are defined as follows:
(1) A “tenement house” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is arranged or designed to be occupied, or is occupied, as the home or residence of three or more families, living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways or yards;
(2) A “lodging house” or “boarding house” means any house or building or portion thereof, in which six or more persons are harbored, received or lodged for hire, or any building or part thereof, which is used as a sleeping place or lodging for six or more persons not members of the family residing therein;
(3) A “dwelling unit” or an “apartment” means any house or building, or portion thereof, which is rented, leased or hired out to be occupied, or is occupied as a home or residence of one or more persons;
(4) A “yard” means an open, unoccupied space, on the same lot with a tenement, lodging or boarding house, between the rear line of such house and the rear line of the lot;
(5) A “court” means an open, unoccupied space, other than a yard, on the same lot with a tenement house;
(6) A “public hall” means a hall, corridor or passageway not within an apartment or dwelling unit;
(7) A “basement” means a story partly, but not more than one-half, below the level of the grade;
(8) A “cellar” means a story more than one-half below the level of the grade;
(9) The word “shall” is mandatory and not directory, and denotes that the house shall be maintained in all respects according to the mandate, as long as it continues to be a tenement house;
(10) In determining the number of stories in a tenement house, a basement or an attic shall be counted as a story if it is occupied or designed to be occupied for living purposes;
(11) “Enforcing agency” means the board of health or other authority designated to enforce the provisions of this chapter or a local housing code.
(P.A. 79-571, S. 70.)
See Sec. 19a-355 for definitions applicable with respect to tenement and lodging houses under chapter 368o.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-51. (Formerly Sec. 19-343). - Sanitary regulations.

(a) Each tenement, lodging or boarding house, and each part thereof, shall be kept clean and free from any accumulation of dirt, filth, garbage or other matter, in or on the house or part thereof, or in the yards, courts, passages, areas or alleys connected with or belonging to the same. The owner, tenant, lessee or occupant of each tenement, lodging or boarding house, or part of such house, shall cleanse thoroughly all rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, water closets, cesspools, drains, halls, cellars and roofs and all other parts of such house, or the part of such house of which he is owner, tenant, lessee or occupant, to the approval of the board of health or enforcing agency, and shall keep the same in a clean condition at all times.
(b) The owner of each tenement house shall provide, for such building, suitable receptacles for, or conveniences for the disposal of, garbage, ashes and rubbish.
(c) Each building used as a tenement, lodging or boarding house and all parts thereof shall be kept in good repair.
(d) The roof of each tenement, lodging or boarding house shall be so kept as not to leak, and all rain water shall be so drained and conveyed from the roof as to prevent its dripping onto the ground or causing dampness in the walls, ceilings, yards or areas.
(e) No horse, cow, calf, swine, poultry, sheep or goat shall be kept in or near any tenement, lodging or boarding house, unless stabled at least twenty feet distant from such tenement, lodging or boarding house, and then only when such stabling is not detrimental to health, in the opinion of the board of health or enforcing agency.
(f) A tenement, lodging or boarding house, or any part thereof, shall not be used for the handling, keeping or storing of combustible articles or rags, or any other articles, in a manner deemed by the board of health or enforcing agency to be dangerous or detrimental to health.
(1949 Rev., S. 4050; P.A. 79-571, S. 71.)
History: P.A. 79-571 divided section into Subsecs. and restated provisions but made no substantive changes; Sec. 19-343 transferred to Sec. 47a-51 in 1981.
Annotations to former section 19-343:
Cited. 117 C. 351. Obligation imposed on the landlord is to keep the building in repair as distinguished from the separate apartments in it. Id., 627. However, where other portions of the apartment are under his control, it is his duty to use reasonable care to inspect and keep them in repair. 118 C. 580. Statute does not make landlord liable for defects unless he knew of them or ought to have discovered them by reasonable inspection. 124 C. 328. Landlord is not an insurer for failure to inspect and repair; he fulfills his duty when he uses reasonable care. 137 C. 629.
Annotation to present section:
Cited. 211 C. 501.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54. (Formerly Sec. 19-345). - Communicable diseases; unfit for habitation; order to vacate.

(a) Whenever it is certified by the board of health or other enforcing agency, that a tenement, lodging or boarding house, or any part thereof, is infected with communicable disease, or that it is unfit for human habitation or dangerous to life or health by reason of want of repair or of defects in the drainage, plumbing, ventilation or construction of the same, or by reason of the existence on the premises of a nuisance liable to cause sickness among the occupants of such house, the board of health or other enforcing agency may issue an order requiring all persons therein to vacate such house, or part thereof, within not less than twenty-four hours nor more than ten days. The board of health or other enforcing agency shall state in the order the reason for the issuance of the order.
(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.
(1949 Rev., S. 4052; 1972, P.A. 178, S. 2; P.A. 79-571, S. 74.)
History: 1972 act added references to authorities other than board of health which are granted enforcement powers; P.A. 79-571 divided section into Subsecs., restated provisions and substituted “enforcing agency” for references to authorities other than board of health; Sec. 19-345 transferred to Sec. 19-345 in 1981.
Annotation to former section 19-345:
Cited. 117 C. 351.
Annotation to present section:
Cited. 35 CA 126; judgment reversed, see 235 C. 360.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54b. - Water in tenement and lodging houses.

Water in sufficient quantity shall be provided on each floor, occupied by one or more families, in each tenement house which is located on premises abutting on a street or alley in which pipes for the distribution of water to the public are laid, and, when such house is not so located, a sufficient supply of wholesome water shall be provided on a part of the lot where it will not be contaminated from water closets, barns, garbage or other sources of impurity.
(P.A. 79-571, S. 76.)
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54c. - Toilets and bathrooms.

(a) Each building used as a tenement, lodging or boarding house shall be furnished with adequate and suitable privy vaults or water closets. There shall be at least one such water closet or vault for each two dwelling units or apartments of two rooms or less each, and one such water closet or vault for each dwelling unit or apartment of three or more rooms. Each tenement, boarding or lodging house located on premises abutting on any street or alley where running water is available and through which there is a sewer with which connection may be had shall be provided with water closets connected with such sewer, and each such water closet shall be located on the same floor as the dwelling unit or apartment which it serves.
(b) Each bathroom or water closet compartment in a tenement, lodging or boarding house shall be ventilated by a freely opening window of at least three square feet in area, opening to the outer air or upon a vent shaft having such openings at the bottom and top as meet the approval of the board of health, or by a separate ventilating flue of noncorroding material and at least thirty-six square inches in area, leading directly to the roof.
(c) Each such bathroom or water closet compartment, not otherwise sufficiently lighted, shall be provided with light from an adjoining room or rooms by means of translucent glass, of adequate size, in a fixed sash.
(P.A. 79-571, S. 77.)
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54d. - Public halls.

(a) Dark or poorly ventilated public halls in tenement, lodging or boarding houses shall be remedied in such manner as is deemed practicable and ordered by the board of health or enforcing agency.
(b) The owner of each tenement house shall provide for the lighting of all public halls at night.
(P.A. 79-571, S. 78.)
Cited. 208 C. 161.
Cited. 35 CA 126; judgment reversed, see 235 C. 360.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54e. - Bedrooms.

A room in a tenement, lodging or boarding house shall not be used as a sleeping room unless it has an outside window or is provided with a sash window of at least eight square feet opening into an adjoining room, in the same apartment, having an outside window, which sash window shall be a vertically sliding, pulley-hung sash, both halves of which shall be so constructed as to open readily, and the lower half shall be glazed with translucent glass.
(P.A. 79-571, S. 79.)
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-54f. - Paint.

(a) In each tenement, lodging or boarding house the walls of any court, shaft, hall or room shall be whitewashed or painted a light color whenever, in the opinion of the board of health or enforcing agency, such whitewashing or painting is needed for the better lighting of any room, hall or water closet compartment.
(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.
(P.A. 79-571, S. 80; June Sp. Sess. P.A. 07-2, S. 57.)
History: June Sp. Sess. P.A. 07-2 amended Subsec. (b) to apply provisions to exposed surfaces of interior of tenement houses, rather than accessible surfaces, and add provision re testing, remediation, abatement and management of lead-based paint at tenement houses.
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.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-55. (Formerly Sec. 19-347). - Enforcement. Penalties.

(a) The board of health of each town, city or borough shall enforce the provisions of this part, and the board of health is given authority for such purpose. Any such town, city or borough may by ordinance duly adopted by its legislative body designate another authority or authorities to exercise concurrent or exclusive jurisdiction in the enforcement of this part. All duties imposed and powers conferred by this part upon boards of health shall devolve upon the health authority or such other designated authority or authorities of each city, borough or town by whatever name such health or other authority or authorities may be known. Nothing in this part shall be construed to abrogate or impair the powers of a local board of health, or of the courts, or any such other lawful authority, to enforce any provision of any city or borough charter or health ordinances and regulations not inconsistent with this part, or to prevent or punish for violations thereof.
(b) Each person who violates or assists in violating, or fails to comply with, any of said provisions or any legal order of a board of health or such other authority made under any of said provisions, for which no other penalty is provided, shall be fined not more than one thousand dollars or imprisoned not more than six months or both.
(c) Each person who continues to violate or assist in violating, or who continues to fail or refuse to comply with, any of said provisions after having been convicted of violating or assisting in violating any of said provisions, or of failing to comply therewith, for which no other penalty is provided, shall, upon a subsequent conviction, be imprisoned not more than one year.
(1949 Rev., S. 4054; 1961, P.A. 517, S. 59; 1972, P.A. 178, S. 4; P.A. 74-345, S. 7; P.A. 79-571, S. 81.)
History: 1961 act deleted obsolete provision that prosecuting authorities of town, city or borough have power to prosecute; 1972 act added proviso authorizing towns to designate authorities other than board of health as enforcement agencies; P.A. 74-345 raised standard maximum fine from $200 to $1,000 and maximum term of imprisonment from 60 days to 6 months and maximum term of imprisonment for continued violation from 6 months to 1 year; P.A. 79-571 divided section into Subsecs., specified that stated penalties apply to violations “for which no other penalty is provided” and made other minor changes in wording; Sec. 19-347 transferred to Sec. 47a-55 in 1981.
Annotations to former section 19-347:
Cited. 117 C. 351.
City health authority not exclusive administrator of housing code requirements. 4 Conn. Cir. Ct. 243.
Annotations to present section:
Cited. 13 CA 1; 35 CA 126; judgment reversed, see 235 C. 360.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56. (Formerly Sec. 19-347a). - Passage of ordinance for abatement of nuisances. Appointment of authority.

The legislative body of any city, town or borough may by ordinance adopt the provisions of sections 47a-56 to 47a-56i, inclusive, and appoint a person or committee, known hereinafter as the authority, to carry out the provisions of said sections.
(February, 1965, P.A. 554, S. 1; P.A. 79-571, S. 82.)
History: P.A. 79-571 added reference to new sections which became Secs. 47a-56b and 47a-56c; Sec. 19-347a transferred to Sec. 47a-56 in 1981 and internal references to other sections revised as necessary to reflect their transfer.
2023 Connecticut General Statutes › Title 47a - Landlord and Tenant › Chapter 833a - Public Enforcement of Health and Safety Standards in Tenement and Boarding Houses, and in Rented Dwellings › Section 47a-56b. - Appointment of receiver of rents: Service.

(a) Such rule to show cause shall be returnable not less than five days after service is completed.
(b) The rule to show cause shall provide for personal service of a copy thereof and the application on which it is based on the owners and mortgagees of record and lienors.
(c) If any such owner, mortgagee or lienor cannot with due diligence be served personally within the municipality where the property is located and within the time fixed in such order, service may be made on such person by posting a copy thereof in a conspicuous place on the property where the nuisance exists, and by sending a copy thereof by registered mail, return receipt requested, to the owner at the address set forth in the last-recorded deed with respect to such property, or, in the case of a mortgagee or lienor, to the address set forth in the recorded mortgage or lien and by publication in a newspaper of general circulation in the judicial district where such property is located.
(d) If the condition constituting the nuisance is such that, unless it is immediately cured, substantial damage may be caused to the property or if it constitutes an imminent danger to its occupants or the occupants of adjoining properties, the rule to show cause may be returnable in the discretion of the court in less than five days and, in such case, service may be made on the owner, mortgagee and lienor by posting a copy thereof in a conspicuous place on the property where the nuisance exists and by mailing a copy in the case of the owner to the address set forth in the last-recorded deed and, in the case of the mortgagee and lienor, to the address recorded. In such action the court may issue an immediate ex parte order granting such relief as it deems appropriate, pending a full hearing to be held not later than three days after such order is issued.
(P.A. 79-571, S. 84; Oct. Sp. Sess. P.A. 79-8, S. 3, 6.)
History: October, 1979, P.A. 79-8 added provision in Subsec. (d) authorizing court to issue immediate ex parte order granting relief pending full hearing held not more than three days after order is issued.