Sec. 16-262t. Action for receivership of rent and common expenses by water companies; petition; hearing; appointment; duties; termination.
Sec. 16-262t. Action for receivership of rent and common expenses by water
companies; petition; hearing; appointment; duties; termination. (a) (1) Upon default of the owner, agent, lessor or manager of a residential dwelling or dwellings who
is billed directly by a water company or by a municipal water utility for water service
furnished to such building or buildings, such company or municipal utility may petition
the Superior Court or a judge thereof, for appointment of a receiver of the rents or
payments for use and occupancy or common expenses, as defined in section 47-202,
for any dwelling or dwellings for which the owner, agent, lessor or manager is in default.
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 or manager or his
agent in a manner most reasonably calculated to give notice to such owner, agent, lessor
or manager as determined by such court or judge, including, but not limited to, a posting
of such order on the premises in question. If a petition or petitions are filed by a single
petitioner regarding more than one building under the same ownership, the court shall,
if practicable, appoint a common receiver for all such buildings and, if filed as separate
actions, may consolidate such petitions and treat them as a single action.
(2) 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 company or municipal utility. 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 in default. When the amount due and owing has been
paid, the company or 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.
(3) Not more than ten days after receipt of the order of appointment by the receiver,
such receiver shall provide written notice to all occupants of the building or buildings,
delivered separately to each dwelling unit, stating that the receiver has been authorized
to collect all rents or payments for use and occupancy or common expenses, as defined
in section 47-202, due from such occupant and that the owner, agency, lessor or manager,
as the case may be, is prohibited from collecting such rents or payments for use and
occupancy or common expenses. The notice shall include the address to which payments
are to be made and a telephone number at which the receiver can be contacted. The
notice shall be in plain and simple language and shall be written in English and in
Spanish. A copy of the court order appointing the receiver and authorizing the collection
of rents shall be attached to the notice.
(4) The receiver appointed by the court shall collect all rents or payments for use
and occupancy or common expenses forthcoming from the occupants of the building
or buildings in question in place of the owner, agent, lessor or manager. The court may
authorize the receiver to make reasonable repairs and provide reasonable maintenance
to the premises, as determined by the court, the reasonable cost of which shall be added
to the total amount due and owing from the owner, agency, lessor or manager.
(5) The receiver shall pay to the petitioner, other supplier or receiver, as is appropriate, from such rents or payments for use and occupancy or common expenses from
such building or buildings, in the following priority: (A) For electric, gas, telephone,
water or heating oil supplied on and after the date of his appointment and for the reasonable cost of repairs and maintenance made or provided pursuant to subdivision (4) of
this subsection; (B) for such reasonable fees and costs determined by the court to be
due the receiver; (C) for reasonable attorney's fees and costs incurred by the petitioner;
and (D) for any arrearage found by the court to be due and owing the company or
municipal utility from the owner, agent, lessor or manager for service provided such
building or buildings. The owner, agent, lessor or manager shall be liable for all such
costs. Any moneys remaining thereafter shall be turned over to the owner, agent, lessor
or manager. 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) of this section, shall be
terminated by the court upon its finding that the arrearage which was the subject of the
original petition or petitions have been satisfied for all buildings subject to the receivership, or that all occupants of a building have agreed to assume liability in their own
names for prospective service supplied by the petitioner, or that the building has been
sold and the new owner has assumed liability for prospective service supplied by the
petitioner.
(c) On motion by the receiver, the court may authorize the receiver to institute a
summary process action pursuant to chapter 832 against an occupant, upon a prima facie
showing that: (1) The occupant has received notice in accordance with subdivision (3)
of subsection (a) of this section; (2) the receiver has made reasonable efforts to supplement such notice with other written and oral notice; (3) after the occupant has received
notice in accordance with subdivision (3) of subsection (a) of this section, payments
equal to one month's rent or use and occupancy have not been made by or on behalf of
the occupant during the most recent sixty consecutive days; and (4) the duty to make
such payments has not been suspended as a result of the condition of the premises or
any applicable preoccupancy certification requirements. In any such summary process
action, the receiver shall be subject to all claims and defenses that the occupant could
assert against the owner, agent, lessor or manager of the dwelling.
(d) 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.
(e) Any owner, agent, lessor or manager who collects or attempts to collect any rent
or payment for use and occupancy or common expenses, as defined in section 47-202,
from any occupant of a building or buildings subject to an order appointing a receiver
or who in any other way interferes with the receiver in the performance of his duties
shall be found, after due notice and hearing, to be in contempt of court.
(f) 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 residential
rental property under court supervision, rent or use and occupancy payments and common expenses, as defined in section 47-202, 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.
(P.A. 98-102, S. 2.)