Sec. 21-80. Grounds for summary process action or termination of rental agreement. Procedure. Rent increases. Stay of execution. Sale of abandoned homes.
Sec. 21-80. Grounds for summary process action or termination of rental
agreement. Procedure. Rent increases. Stay of execution. Sale of abandoned homes.
(a) An action for summary process may be maintained by the owner of a mobile manufactured home park against a mobile manufactured home resident who rents a mobile manufactured home from such owner for the following reasons, which shall be in addition to
other reasons allowed under chapter 832 and, except as otherwise specified, proceedings
under this subsection shall be as prescribed in chapter 832 and sections 47a-15, 47a-20
and 47a-20a:
(1) A conviction of the resident of a violation of a federal or state law or local
ordinance which the court finds to be detrimental to the health, safety and welfare of
other residents in the park but no notice to quit possession shall be required;
(2) The continued violation of any reasonable rule established by the owner, provided a copy of such rule has been delivered by the owner to the resident prior to entering
into a rental agreement and a copy of such rule has been posted in a conspicuous place
in the park and, provided further the resident receives written notice of the specific rule
or rules being violated at least thirty days before the time specified in the notice for the
resident to quit possession of the mobile manufactured home or occupancy of the space
or lot; or
(3) A change in use of the land on which such mobile manufactured home is located,
provided all the residents affected are given written notice (A) at least three hundred
sixty-five days before the time specified in the notice for the resident to quit possession
of the mobile manufactured home or occupancy of the lot if such notice is given before
June 23, 1999, or (B) at least five hundred forty-five days before the time specified in
the notice for the resident to quit possession of the mobile manufactured home or occupancy of the lot if such notice is given on or after June 23, 1999, regardless of whether
any other notice under this section or section 21-70 has been given before June 23, 1999;
provided nothing in subsection (f) of section 21-70, section 21-70a, this subsection,
subdivision (1) of subsection (b) of this section or section 21-80b shall be construed to
invalidate the effectiveness of or require the reissuance of any valid notice given before
June 23, 1999.
(b) (1) Notwithstanding the provisions of section 47a-23, an owner may terminate
a rental agreement or maintain a summary process action against a resident who owns
a mobile manufactured home only for one or more of the following reasons:
(A) Nonpayment of rent, utility charges or reasonable incidental services charges;
(B) Material noncompliance by the resident with any statute or regulation materially
affecting the health and safety of other residents or materially affecting the physical
condition of the park;
(C) Material noncompliance by the resident with the rental agreement or with rules
or regulations adopted under section 21-70;
(D) Failure by the resident to agree to a proposed rent increase, provided the owner
has complied with all provisions of subdivision (5) of this subsection; or
(E) A change in the use of the land on which such mobile manufactured home is
located, provided all of the affected residents receive written notice (i) at least three
hundred sixty-five days before the time specified in the notice for the resident to quit
possession of the mobile manufactured home or occupancy of the lot if such notice is
given before June 23, 1999, or (ii) at least five hundred forty-five days before the time
specified in the notice for the resident to quit possession of the mobile manufactured
home or occupancy of the lot if such notice is given on or after June 23, 1999, regardless
of whether any other notice under this section or section 21-70 has been given before
June 23, 1999; provided nothing in subsection (f) of section 21-70, section 21-70a,
subsection (a) of this section, this subdivision and section 21-80b shall be construed to
invalidate the effectiveness of or require the reissuance of any valid notice given before
June 23, 1999.
(2) An owner may not maintain a summary process action under subparagraph (B),
(C) or (D) of subdivision (1) of this subsection, except a summary process action based
upon conduct which constitutes a serious nuisance or a violation of subdivision (9)
of subsection (b) of section 21-82, prior to delivering a written notice to the resident
specifying the acts or omissions constituting the breach and that the rental agreement
shall terminate upon a date not less than thirty days after receipt of the notice. If such
breach can be remedied by repair by the resident or payment of damages by the resident
to the owner and such breach is not so remedied within twenty-one days, the rental
agreement shall terminate except that (i) if the breach is remediable by repairs or the
payment of damages and the resident adequately remedies the breach within said twenty-one-day period, the rental agreement shall not terminate, or (ii) if substantially the same
act or omission for which notice was given recurs within six months, the owner may
terminate the rental agreement in accordance with the provisions of sections 47a-23 to
47a-23b, inclusive. For the purposes of this subdivision, "serious nuisance" means (A)
inflicting bodily harm upon another resident or the owner or threatening to inflict such
harm with the present ability to effect the harm and under circumstances which would
lead a reasonable person to believe that such threat will be carried out, (B) substantial
and wilful destruction of part of the premises, (C) conduct which presents an immediate
and serious danger to the safety of other residents or the owner, or (D) using the premises
for prostitution or the illegal sale of drugs. If the owner elects to evict based upon an
allegation, pursuant to subdivision (8) of subsection (b) of section 21-82, that the resident
failed to require other persons on the premises with the resident's consent to conduct
themselves in a manner that will not constitute a serious nuisance, and the resident
claims to have had no knowledge of such conduct, then, if the owner establishes that
the premises have been used for the illegal sale of drugs, the burden shall be on the
resident to show that the resident had no knowledge of the creation of the serious nuisance.
(3) Notwithstanding the provisions of section 47a-23, termination of any tenancy
in a mobile manufactured home park shall be effective only if made in the following
manner:
(A) By the resident giving at least thirty days' notice to the owner;
(B) By the owner giving the resident at least sixty days' written notice, which shall
state the reason or reasons for such termination, except that, when termination is based
upon subparagraph (A) of subdivision (1) of this subsection, the owner need give the
resident only thirty days' written notice, which notice shall state the total arrearage due
provided, the owner shall not maintain or proceed with a summary process action against
a resident who tenders the total arrearage due to the owner within such thirty days and
who has not so tendered an arrearage under this subparagraph during the preceding
twelve months.
(4) Except as otherwise specified, proceedings under this section shall be as prescribed by chapter 832.
(5) Nothing in this subsection shall prohibit an owner from increasing the rent at
the termination of the rental agreement if (A) the owner delivers a written notice of the
proposed rent increase to the resident at least thirty days before the start of a new rental
agreement; (B) the proposed rent is consistent with rents for comparable lots in the same
park; and (C) the rent is not increased in order to defeat the purpose of this subsection.
(c) Notwithstanding the provisions of sections 47a-35 and 47a-36, if judgment is
entered in a summary process action against a mobile manufactured home owner and
resident based upon subparagraph (D) of subdivision (1) of subsection (b) of this section,
execution shall not issue until six months from the date of such judgment. The court
shall condition such stay of execution upon a requirement that the mobile manufactured
home owner and resident make payments to the plaintiff in the summary process action
in such installments as the court may direct for the use and occupancy of the premises
during the period of such stay at the rate for which such mobile manufactured home
owner and resident was most recently liable as rent or in such other sum as is reasonable.
(d) Notwithstanding the provisions of sections 47a-35 and 47a-36, if judgment is
entered in a summary process action against a resident who owns the mobile manufactured home, the resident may, prior to the expiration of the automatic stay of execution
provided in section 47a-35 or 47a-36, as applicable, move for permission to exercise in
good faith the resident's right to sell the mobile manufactured home in place in the
mobile manufactured home park, subject to the provisions of section 21-79, and the
court may stay execution upon such judgment pending sale of the home. Such stay may
be ordered for a period or periods in an aggregate not to exceed twelve months from
the date of the judgment in the summary process action, except that any such stay or
stays extending beyond six months from the date of the judgment in the summary process
action shall be reviewed every two months to determine that the resident is making a
good faith effort to sell the home. The court shall condition such stay of execution upon
a requirement that the resident make payments to the plaintiff in the summary process
action in such installments as the court may direct for the use and occupancy of the
premises during the period of such stay at the rate for which such resident was most
recently liable as rent or in such other amount as is reasonable and may, in addition,
impose other reasonable terms and conditions on the stay. If there is a rental arrearage
at the time of the entry of the order, the court shall order that it be paid out of the proceeds
of the sale, except that the court, upon finding that the resident has the present ability
to pay the arrearage, may require that all or part of such arrearage be paid as a condition
of the stay.
(e) (1) If (A) a judgment for possession has been entered against the resident and
all occupants of a mobile manufactured home pursuant to chapter 832 and this section;
(B) no rent or other payment has been received for the use and occupancy of the lot
upon which the mobile manufactured home is situated for at least four months; (C) at
least sixty days have passed since the expiration of the last stay of execution pursuant
to chapter 832 and this section; and (D) notwithstanding the provisions of section 47a-42, the mobile manufactured home remains upon the lot, the owner of the mobile manufactured home park may initiate a petition to the Superior Court pursuant to this section.
Such petition may be brought as a supplemental proceeding in the summary process
action, in which case no additional entry fee shall be required.
(2) The petition shall allege the acts specified in subdivision (1) of this subsection
and, in addition, shall allege supporting facts which demonstrate that the owner of the
mobile manufactured home has failed or refused to make reasonable efforts to remove
the home from the lot or to sell the home in place or that, in spite of reasonable efforts
to locate the owner of the mobile manufactured home or such owner's representative,
the owner of the mobile manufactured home park has been unable to locate such owner.
Reasonable efforts to locate the owner of the mobile manufactured home shall include,
but not be limited to, reasonable inquiry of relatives or associates of the owner of the
home, if known to the owner of the park, and of other residents of the park.
(3) A copy of the petition and the notice of the hearing on the petition shall be given
to the owner of the mobile manufactured home, the municipality and all lienholders
who have recorded a lien against the mobile manufactured home or of whom the owner
of the mobile manufactured home park has actual knowledge. Notice to the municipality
and to lienholders shall be by certified mail. Notice to the owner of the mobile manufactured home shall be designed to maximize the likelihood that the owner will receive
actual notice of the petition, without regard to whether the owner appeared in the summary process action. Such notice to the owner of the mobile manufactured home shall
be conspicuously posted at the entrance to the mobile manufactured home and also sent
by certified or registered mail, return receipt requested, to the owner of the mobile
manufactured home and to the attorney, if any, who appeared for such owner in the
summary process action. Notice to the owner of the mobile manufactured home shall
be sent to such owner at the owner's last-known address and also to such owner in care
of any other person reasonably believed to know the location of the owner. The court
may require supplemental notice if it finds that additional notice is likely to result in
actual notice to the owner of the mobile manufactured home.
(4) At the hearing on the petition, the court shall determine whether all the requirements of subdivisions (1), (2) and (3) of this subsection have been satisfied and, if they
have, shall also determine whether the home has been abandoned. If such requirements
have been satisfied and such home has been abandoned, the court shall order the owner
of the mobile manufactured home park to conduct a public sale of the home. Nothing
in this section shall preclude the court from deferring the entry of an order requiring
sale and from issuing other appropriate orders, if the court finds that, within a reasonable
period of time, the owner of the mobile manufactured home will remove the home from
the lot or dispose of the home by sale or will make other appropriate arrangements
with the park owner. The order directing sale shall require notice which includes a
conspicuous statement that the sale will extinguish all previous ownership and lien
rights. Notice shall be given by certified or registered mail, return receipt requested, to
all persons entitled to notice of the petition. Notice shall also be posted conspicuously
at the entrance of the home and shall be advertised at least three times in the real estate
section of a daily paper with general circulation in the area where the park is situated.
Any person, including a lienholder or the owner of the mobile manufactured home park,
may bid at the sale. The proceeds of such sale shall be applied first to the costs of the
sale and then to the payment of lienholders in the order of the priority of their liens. If
proceeds remain thereafter they shall be paid over to the owner of the mobile manufactured home. Upon conclusion of the sale, the park owner shall file an affidavit with the
court setting forth the nature of its compliance with the court's order of sale. The court,
upon finding compliance with its order, shall issue a conveyance of title and release of
liens, if any, to the purchaser for filing in the land records, which shall constitute good
title to the home, and no execution shall issue on the original summary process action.
(P.A. 74-333, S. 5, 12; P.A. 77-614, S. 609, 610; P.A. 78-347, S. 1, 2; P.A. 81-322, S. 6; P.A. 82-162, S. 3; 82-372, S.
2; P.A. 83-456, S. 2, 7; June Sp. Sess. P.A. 83-3, S. 14; P.A. 91-383, S. 5; P.A. 92-171, S. 9; P.A. 93-435, S. 27, 95; P.A.
99-57; 99-201, S. 3, 4, 6; P.A. 01-195, S. 88, 181.)
History: P.A. 77-614 repealed Sec. 21-80; P.A. 78-347 repealed the repealer of Sec. 21-80 in P.A. 77-614, changed
reference from chapter 922 to chapter 832 where appearing, changed Subsecs. (a), (b) and (c) to Subdivs. (1), (2) and (3)
and added new Subsec. (b) providing for a stay of execution of judgment entered in summary process action on certain
conditions; P.A. 81-322 inserted new Subsec. (b) specifying grounds for summary process against a resident who owns
his mobile home, relettering former Subsec. (b) accordingly, and specifying applicability of provisions to resident "who
rents his mobile home from such owner"; P.A. 82-162 amended Subsec. (b)(5) by making technical corrections; P.A. 82-372 amended Subsec. (b)(3) providing that owner cannot maintain a summary process action against resident who pays
total rent arrearage; P.A. 83-456 amended section to increase required notice period to residents in event of a change in
land use from 90 days to 365 days; June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home";
P.A. 91-383 amended Subsec. (a) to replace "proceedings under this section shall be as prescribed in said chapter 832"
with "proceedings under this subsection shall be as prescribed in chapter 832 and sections 47a-15, 47a-20 and 47a-20a",
amended Subsec. (b)(2) to add exception for a summary process action "based upon conduct which constitutes a serious
nuisance" or a violation of Sec. 21-82(b)(8), to add provisions re termination of rental agreement when breach is not
remedied by repair or payment of damages within 21 days or substantially the same act or omission recurs within 6 months,
to add definition of "serious nuisance" and to add provision re resident's evidentiary burden when the premises have been
used for the illegal sale of drugs, and amended Subsec. (c) to replace "or in such greater sum as is reasonable in such
installments as the court may direct" with "or in such other sum as is reasonable"; P.A. 92-171 added Subsec. (d) authorizing
the court to grant a stay of execution on certain conditions for up to 12 months to permit a resident who owns his mobile
manufactured home to sell the home in place in the mobile manufactured home park; P.A. 93-435 made a technical change
in Subsec. (b)(2), effective June 28, 1993; P.A. 99-57 added new Subsec. (e) to establish a procedure certain mobile
manufactured home park owners can follow to have an abandoned home sold in an eviction action; P.A. 99-201 amended
Subsec. (a) and (b)(1)to make gender neutral change and to increase amount of notice to vacate park owners must give to
residents who own or rent from 365 to 545 days in cases where such notices are issued on or after June 23, 1999, effective
June 23, 1999; P.A. 01-195 made technical changes in Subsecs. (a)(3), (b)(1)(E), (b)(2), (d) and (e)(3), effective July
11, 2001.
Cited. 209 C. 243; Id., 724. Cited. 215 C. 701. Cited. 217 C. 313.
Cited. 7 CA 639. Cited. 19 CA 564.
Subsec. (b):
Subdiv. (1)(E) cited. 208 C. 620. Subdiv. (5) cited. Id.
Subdiv. (1)(A) cited. 21 CA 40. Subdiv. (4) cited. Id.