Sec. 21a-259. (Formerly Sec. 19-466). Common nuisances. Receivership of rental housing property development.
Sec. 21a-259. (Formerly Sec. 19-466). Common nuisances. Receivership of
rental housing property development. (a) As used in this section, "rental housing
property development" means any privately owned multifamily dwelling consisting of
not less than six units which are not owner-occupied and which has at least one unit
available for rent. Any store, shop, warehouse, dwelling house, building, rental housing
property development, vehicle, boat, aircraft or any place whatever, other than as authorized by law, which is frequently resorted to by drug-dependent persons for the purpose
of using controlled substances or which is used for the illegal keeping or selling of the
same, shall be deemed a common nuisance.
(b) Any such rental housing property development deemed a common nuisance
under subsection (a) of this section may be subject to an action for private receivership
by the Chief State's Attorney, a deputy chief state's attorney, a state's attorney or an
assistant or deputy assistant state's attorney on behalf of all the tenants occupying such
development by applying to the superior court for the judicial district where the property
is situated for an order requiring the owner and any mortgagees or lienors of record to
show cause why a receiver of rents, issues and profits should not be appointed and why
said receiver should not remove or remedy such common nuisance and obtain a lien in
favor of such tenants, having priority with respect to all existing mortgages or liens, to
secure payment of the costs incurred by the receiver in removing or remedying such
common nuisance. Such application shall contain (A) proof by affidavit that an order
of the proper authority has been issued and served on the owner, mortgagees and lienors;
and (B) a plan to manage and operate such property following the appointment of a
receiver of rents, issues and profits.
(1967, P.A. 555, S. 22; 1972, P.A. 278, S. 13; P.A. 97-161.)
History: 1972 act substituted "substances" for "drugs"; Sec. 19-466 transferred to Sec. 21a-259 in 1983; P.A. 97-161
designated existing provisions as Subsec. (a) and amended said Subsec. by defining "rental housing property development"
and adding such entity to places deemed a common nuisance, and added new Subsec. (b) re procedure for the appointment
of a receiver for a rental housing property development deemed a common nuisance.