Sec. 47a-26h. Persons bound by judgment. Notice. Exemption.
Sec. 47a-26h. Persons bound by judgment. Notice. Exemption. (a) A summary
process judgment shall bind (1) the named defendants and any minors holding under
them; (2) any occupant who first commenced occupancy of the premises after service
of the notice to quit upon which the summary process action was based, unless such
occupancy was commenced or continued with the consent of the plaintiff or under a
right to occupy equal or superior to the rights of the plaintiff; (3) if the plaintiff has
properly named and served each occupant whose presence is known with a notice to
quit and a writ, summons and complaint in accordance with the provisions of sections
47a-23 and 47a-23a, any occupant who first commenced occupancy of the premises
prior to service of the notice to quit and (A) who the plaintiff and his agents did not
know was in occupancy of the premises, or (B) of whose presence the plaintiff or his
agent knew but whose name they did not know.
(b) Upon entry of judgment, the clerk shall mail a notice of judgment to all defendants against whom judgment was rendered. Such notice shall be addressed to the named
defendants and any other current occupants and shall contain the names of all defendants
against whom judgment was entered, the date of judgment and notice of the right to
apply for a stay of execution. The notice shall be on a form prescribed by the Office of
the Chief Court Administrator, shall be in clear and simple language and in readable
format, and shall include a conspicuous notice to all occupants not named in the judgment, in large boldface type, that any such occupant who claims to have a right to
continue to occupy the premises should promptly complete and file with the clerk of
the court a claim of exemption from the judgment. If no such notice would otherwise
be sent to the premises, an additional notice shall be sent to the premises, addressed to
the named defendants "or any other current occupants".
(c) Any occupant not named in the action who claims not to be subject to the summary process action because his occupancy commenced prior to service of the notice
to quit or his occupancy commenced or continued with the consent of the plaintiff or
under a right to occupy equal or superior to the rights of the plaintiff may, at any time
before or after judgment but prior to issuance of an execution, file under oath a claim
of exemption from such action. The Office of the Chief Court Administrator shall prescribe a form upon which such claim can be made, which form shall be in clear and
simple language and in readable format. Upon the filing of such a claim, the clerk shall
schedule a hearing, which shall be held not more than seven days after the date of filing.
Execution shall not issue until the court renders its decision on the claim. The claimant
shall have the burden of proof to show that his occupancy commenced prior to service
of the notice to quit or that his occupancy was commenced or continued with the consent
of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff.
The burden of proof shall be upon the plaintiff to show that he did not know of the
presence of the occupant or the name of the occupant, as the case may be. For purposes
of this chapter, if rent or use and occupancy payments have been made to the plaintiff
or his agent by the occupant, the plaintiff shall be deemed to have known of the presence
and the name of the occupant. The court shall determine whether the claimant is bound
by the action and, if the court finds that the claimant is not bound, it shall declare the
claimant to be exempt from the action. In order to obtain a judgment for possession of
the premises as part of such action the plaintiff shall serve the previously exempt occupant with a notice to quit possession pursuant to section 47a-23. If the occupant is still
in possession after the date to quit possession has passed, the plaintiff shall serve the
occupant with an amended writ, summons and complaint adding the occupant as a party
defendant to such action of summary process. Any occupant not exempt from the action
shall have the same rights and obligations as a named defendant and shall be bound by
any judgment. Notwithstanding the provisions of section 47a-42, no summary process
execution shall be issued or enforced unless valid execution has been issued against all
occupants of the premises, except that such execution may be issued and enforced,
without issuing or enforcing execution against other occupants, upon a person against
whom a judgment has been entered based upon that person's having conducted himself
in a manner which constitutes a serious nuisance by using the premises or any area
within fifteen hundred feet of any housing authority property in which such person
resides for the illegal sale of drugs, as defined in subparagraph (D) of section 47a-15.
(d) Nothing in this section shall in any way limit other remedies available in law
or equity to any person, including remedies available after issuance of an execution.
(P.A. 87-507, S. 3; P.A. 89-254, S. 10; P.A. 92-171, S. 6; P.A. 95-247, S. 3; P.A. 97-231, S. 6.)
History: P.A. 89-254 amended Subsec. (b) to provide that the form be prescribed by the office of the chief court
administrator rather than by the judicial department and that the notice include a conspicuous notice to "all occupants not
named in the judgment" rather than to "occupants", amended Subsec. (c) to replace "Any person who claims not to be
subject to a summary process judgment" with "Any occupant not named in the action who claims not to be subject to the
summary process action because his occupancy commenced prior to service of the notice to quit or his occupancy commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the
plaintiff", to replace references to "judgment" with "action", to provide that the exemption claim form shall be prescribed
by the office of the chief court administrator rather than the judicial department, to replace "If the claimant is a person not
named in the judgment, the burden of proof shall be on the occupant" with "The claimant shall have the burden of proof",
to add provisions requiring the plaintiff in order to obtain a judgment for possession of the premises as part of such action
to serve the previously exempt occupant with a notice to quit possession and, if the occupant is still in possession after the
date to quit possession has passed, to serve the occupant with an amended writ, summons and complaint adding the
occupant as a party defendant to such action, to provide that any "occupant" not exempt from the action shall have the
same "obligations" as a named defendant and "shall be bound by any judgment", and to add exception for the issuance
and enforcement of an execution against a person who used the premises for the illegal sale of drugs; P.A. 92-171 amended
Subsec. (a) to delete the provision that required the plaintiff, in order for the judgment to bind an occupant who first
commenced occupancy prior to service of the notice to quit, to exercise reasonable diligence to discover the presence of
an occupant or, if the presence of the occupant is known, to exercise reasonable diligence to discover the name of the
occupant; P.A. 95-247 amended Subsec. (c) to delete provision placing burden of proof on the plaintiff to show that he
"in the exercise of reasonable diligence could not have discovered" the presence or name of the occupant, reflecting deletion
of same language in Subsec. (a) by P.A. 92-171; P.A. 97-231 amended Subsec. (c) to add exception for issuance and
enforcement of execution upon a person who used any area within 1,500 feet of any housing authority property in which
such person resides for the illegal sale of drugs.
Cited. 21 CA 40.
Subsec. (b):
Cited. 40 CA 30.
Subsec. (c):
Cited. 225 C. 600.