Sec. 12-163a. Receivership of rents for the collection of delinquent taxes.
Sec. 12-163a. Receivership of rents for the collection of delinquent taxes. (a)
Any municipality may petition the Superior Court or a judge thereof, for appointment
of a receiver of the rents or payments for use and occupancy for any property for which
the owner, agent, lessor or manager is delinquent in the payment of real property taxes.
The court or judge shall forthwith issue an order to show cause why a receiver should not
be appointed, which shall be served upon the owner, agent, lessor, manager, mortgagees,
assignees of rent and other parties with an interest in the rents or payments for use and
occupancy of the property in a manner most reasonably calculated to give notice to such
owner, lessor, manager, mortgagees, assignees of rent and other parties with an interest
in the rents or payments for use and occupancy of the property as determined by such
court or judge, including, but not limited to, a posting of such order on the premises in
question. A hearing shall be had on such order no later than seventy-two hours after its
issuance or the first court day thereafter. The sole purpose of such a hearing shall be to
determine whether there is an amount due and owing between the owner, agent, lessor
or manager and the municipality. The court shall make a determination of any amount
due and owing and any amount so determined shall constitute a lien upon the real property of such owner. A certificate of such amount may be recorded in the land records
of the town in which such property is located describing the amount of the lien and the
name of the party who owes the taxes. When the amount due and owing has been paid,
the municipality shall issue a certificate discharging the lien and shall file the certificate
in the land records of the town in which such lien was recorded. The receiver appointed
by the court shall collect all rents or payments for use and occupancy forthcoming from
the occupants of the building in question in place of the owner, agent, lessor or manager.
The receiver shall make payments from such rents or payments for use and occupancy,
first for taxes due on and after the date of his appointment and then for electric, gas,
telephone, water or heating oil supplied on and after such date. The owner, agent, lessor
or manager shall be liable for such reasonable fees and costs determined by the court
to be due the receiver, which fees and costs may be recovered from the rents or payments
for use and occupancy under the control of the receiver, provided no such fees or costs
shall be recovered until after payment for current taxes, electric, gas, telephone and
water service and heating oil deliveries has been made. The owner, agent, lessor or
manager shall be liable to the petitioner for reasonable attorney's fees and costs incurred
by the petitioner, provided no such fees or costs shall be recovered until after payment
for current taxes, electric, gas, telephone and water service and heating oil deliveries
has been made and after payments of reasonable fees and costs to the receiver. Any
moneys remaining thereafter shall be used to pay the delinquent real property taxes and
any money remaining thereafter shall be paid to such parties as the court may direct
after notice to the parties with an interest in the rent or payment for use and occupancy
of the property and after a hearing. The court may order an accounting to be made at
such times as it determines to be just, reasonable and necessary.
(b) Any receivership established pursuant to subsection (a) shall be terminated by
the court upon its finding that the tax delinquency which was the subject of the original
petition has been satisfied.
(c) Nothing in this section shall be construed to prevent the petitioner from pursuing
any other action or remedy at law or equity that it may have against the owner, agent,
lessor or manager.
(d) Any owner, agent, lessor or manager who collects or attempts to collect any
rent or payment for use and occupancy from any occupant of a building subject to an
order appointing a receiver shall be found, after due notice and hearing, to be in contempt
of court.
(e) If a proceeding is initiated pursuant to sections 47a-14a to 47a-14h, inclusive,
or sections 47a-56 to 47a-56i, inclusive, or if a receiver of rents is appointed pursuant
to chapter 735a or pursuant to any other action involving the making of repairs to real
property under court supervision, rent or use and occupancy payments shall be made
pursuant to such proceeding or action without regard to whether such proceeding or
action is initiated before or after a receivership is established under this section, and
such proceeding or action shall take priority over a receivership established under this
section in regard to expenditure of such rent or use and occupancy payments.
(f) If a receiver of rents or payments for use and occupancy is appointed pursuant
to section 16-262f prior to the date a receivership is established under this section, rent
or use and occupancy payments shall be made pursuant to said section 16-262f and
the receivership established pursuant to said section 16-262f shall take priority over a
receivership established under this section in regard to expenditure of such rent or use
and occupancy payments provided the receiver appointed under said section 16-262f
gives notice of such appointment to the chief executive official of the municipality where
the residential dwelling is located.
(P.A. 95-353, S. 1.)