Sec. 47a-23c. Prohibition on eviction of certain tenants except for good cause.
Sec. 47a-23c. Prohibition on eviction of certain tenants except for good cause.
(a) (1) Except as provided in subdivision (2) of this subsection, this section applies to
any tenant who resides in a building or complex consisting of five or more separate
dwelling units or who resides in a mobile manufactured home park and who is either:
(A) Sixty-two years of age or older, or whose spouse, sibling, parent or grandparent is
sixty-two years of age or older and permanently resides with that tenant; (B) blind, as
defined in section 1-1f; or (C) physically disabled, as defined in section 1-1f, but only
if such disability can be expected to result in death or to last for a continuous period of
at least twelve months.
(2) With respect to tenants in common interest communities, this section applies
only to (A) a conversion tenant, as defined in subsection (3) of section 47-283, who (i)
is described in subdivision (1) of this subsection, or (ii) is not described in subdivision
(1) of this subsection but, during a transition period, as defined in subsection (4) of
section 47-283, is residing in a conversion condominium created after May 6, 1980, or
in any other conversion common interest community created after December 31, 1982,
or (iii) is not described in subdivision (1) of this subsection but is otherwise protected
as a conversion tenant by public act 80-370*, and (B) a tenant who is not a conversion
tenant but who is described in subdivision (1) of this subsection if his landlord owns
five or more dwelling units in the common interest community in which the dwelling
unit is located.
(3) As used in this section, "tenant" includes each resident of a mobile manufactured
home park, as defined in section 21-64, including a resident who owns his own home,
"landlord" includes a "licensee" and an "owner" of a mobile manufactured home park,
as defined in section 21-64, "complex" means two or more buildings on the same or
contiguous parcels of real property under the same ownership, and "mobile manufactured home park" means a parcel of real property, or contiguous parcels of real property
under the same ownership, upon which five or more mobile manufactured homes occupied for residential purposes are located.
(b) (1) No landlord may bring an action of summary process or other action to
dispossess a tenant described in subsection (a) of this section except for one or more of
the following reasons: (A) Nonpayment of rent; (B) refusal to agree to a fair and equitable
rent increase, as defined in subsection (c) of this section; (C) material noncompliance
with section 47a-11 or subsection (b) of section 21-82, which materially affects the
health and safety of the other tenants or which materially affects the physical condition
of the premises; (D) voiding of the rental agreement pursuant to section 47a-31, or
material noncompliance with the rental agreement; (E) material noncompliance with
the rules and regulations of the landlord adopted in accordance with section 47a-9 or
21-70; (F) permanent removal by the landlord of the dwelling unit of such tenant from
the housing market; or (G) bona fide intention by the landlord to use such dwelling unit
as his principal residence.
(2) The ground stated in subparagraph (G) of subdivision (1) of this subsection is
not available to the owner of a dwelling unit in a common interest community occupied
by a conversion tenant.
(3) A tenant may not be dispossessed for a reason described in subparagraph (B),
(F) or (G) of subdivision (1) of this subsection during the term of any existing rental
agreement.
(c) (1) The rent of a tenant protected by this section may be increased only to the
extent that such increase is fair and equitable, based on the criteria set forth in section
7-148c.
(2) Any such tenant aggrieved by a rent increase or proposed rent increase may file
a complaint with the fair rent commission, if any, for the town, city or borough where
his dwelling unit or mobile manufactured home park lot is located; or, if no such fair
rent commission exists, may bring an action in the Superior Court to contest the increase.
In any such court proceeding, the court shall determine whether the rent increase is fair
and equitable, based on the criteria set forth in section 7-148c.
(d) A landlord, to determine whether a tenant is a protected tenant, may request
proof of such protected status. On such request, any tenant claiming protection shall
provide proof of the protected status within thirty days. The proof shall include a statement of a physician in the case of alleged blindness or other physical disability.
(P.A. 80-370, S. 1, 9; P.A. 81-319, S. 3, 6; P.A. 82-356, S. 1, 14; 82-472, S. 130, 183; P.A. 83-94; 83-474, S. 95, 96;
P.A. 84-546, S. 106, 173; P.A. 87-310; P.A. 89-254, S. 16; P.A. 91-383, S. 19.)
*Note: Public act 80-370 is entitled "An Act Concerning Condominium Conversion and the Encouragement of New
Rental Housing". (See Reference Table captioned "Public Acts of 1980 in Volume 16 which lists the sections amended,
created or repealed by the act.)
History: P.A. 81-319 amended Subsec. (b) to provide that the prohibitions of the subsection do apply to a landlord who
intends to use a dwelling unit as his principal residence if the unit is in a conversion condominium and at the time of
conversion was occupied by a lessee described in Subdiv. (2), to clarify that a landlord may pass on only legitimate and
reasonable rent increases, and to provide that if a fair rent commission does not exist the lessee may bring an action in
superior court; P.A. 82-356 amended Subsec. (b) to extend from January 1, 1983, to January 1, 1988, the prohibition on
landlords bringing a summary process action except in certain instances, revised the criteria for lessee eligibility, deleted
the income limitations for lessee eligibility, added as a reason for eviction a "refusal to agree to a legitimate and reasonable
rent increase", and clarified the permissible reasons for eviction, the applicability of the subsection and the remedies and
procedure for an aggrieved lessee; P.A. 82-472 amended Subsec. (a)(4) by changing except as provided in this section and
"sections 47-76, 47-88b to 47-88d, inclusive, 47-116 and 47a-39" to "section 47-88d"; P.A. 83-94 deleted the expiration
date of January 1, 1988, for the prohibition on landlords bringing a summary process action except in certain instances;
P.A. 83-474 deleted Subsec. (a) re the statement of policy, rephrased, revised and reordered former Subsec. (b), specified
the applicability of the section to tenants in common interest communities and added Subsec. (d) to authorize a landlord
to request proof from tenants claiming protected status; P.A. 84-546 made technical change in Subsec. (a); P.A. 87-310
amended Subsec. (a)(1) to make section applicable to qualified tenants in a building or complex with five or more separate
dwelling units, rather than seven or more units, and amended Subsec. (a)(2) to clarify the conversion tenants to which the
section is applicable and to make section applicable to an elderly, blind or disabled tenant who is not a conversion tenant
if his landlord owns five or more dwelling units in the common interest community; P.A. 89-254 amended Subsec. (a)
to make section applicable to qualified tenants who reside in a mobile manufactured home park and to define "mobile
manufactured home park" and amended Subsec. (c) to add reference to "mobile manufactured home park lot"; P.A. 91-383 amended Subsec. (a)(1) to add definitions of "tenant" and "landlord" and amended Subsecs. (b)(1)(C) to add reference
to Sec. 21-82(b) and (b)(1)(E) to add reference to Sec. 21-70.
Cited. 215 C. 367. Section shields tenants who qualify for its protections from executions of judgments of ejectment
pursuant to Sec. 49-22. 237 C. 679.
Cited. 38 CS 70.
Subsec. (b):
Cited. 207 C. 441.
Cited. 1 CA 439. Statute attempts to balance rights given to protected tenants by giving owner option of removing a
rental unit from housing market when it is no longer economically feasible to rent to such tenants or for other reasons. 68
CA 638.