Sec. 7-606. Receiver of rents.
Sec. 7-606. Receiver of rents. (a) Any municipality in which a neighborhood revitalization zone has been established pursuant to sections 7-600 to 7-602, inclusive, may
petition the Superior Court or a judge thereof, for appointment of a receiver of the rents
or payments for use and occupancy for any deteriorated property, as defined in section
7-600, located within the neighborhood revitalization zone to assure that environmental,
health and safety standards established in state and local codes and regulations are met
and to prevent further deterioration of such property. Any such petition shall be in
accordance with the strategic plan adopted pursuant to sections 7-601 and 7-602. The
court or judge shall immediately issue an order to show cause why a receiver should
not be appointed, which shall be served upon the owner, agent, lessor or manager 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. A hearing shall be had on such order no less than
three days after its issuance and not more than ten days. The purpose of such a hearing
shall be to determine the need for a receiver of the property, the condition of the property
and the cost to bring it into compliance with such state and local codes and regulations
or into compliance with any waivers approved under section 7-605. The court shall
make a determination of such amount and there shall be an assignment of the rents of
such property in the amount of such determination. A certificate shall be recorded in
the land records of the town in which such property is located describing the amount
of the assignment and the name of the party who owns the property. When the amount
due and owing has been paid, the receiver shall issue a certificate discharging the assignment and shall file the certificate in the land records of the town in which such assignment
was recorded. The receiver appointed by the court shall collect rents or payments for
use and occupancy forthcoming from the occupants of the building in question in place
of the owner, agent, lessor or manager. The receiver shall make payments from such
rents or payments for use and occupancy for the cost of bringing the property into
compliance with such state and local codes and regulations or into compliance with any
waivers approved under section 7-605. The owner, agent, lessor or manager shall be
liable for such reasonable fees and costs determined by the court to be due the receiver,
which fees and costs may be recovered from the rents or payments for use and occupancy
under the control of the receiver, provided no such fees or costs shall be recovered until
after payment for current taxes, electric, gas, telephone and water services and heating
oil deliveries have been made. The owner, agent, lessor or manager shall be liable to
the petitioner for reasonable attorney's fees and costs incurred by the petitioner, provided
no such fees or costs shall be recovered until after payment for current taxes, electric,
gas, telephone and water services and heating oil deliveries have been made and after
payments of reasonable fees and costs to the receiver. 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 have
priority over any other rights to receive rent and shall be terminated by the court upon
its finding that the property complies with state and local environmental, health and
safety codes and regulations or is in compliance with any waivers approved under section
7-605.
(c) 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.
(d) Any owner, agent, lessor or manager who collects or attempts to collect any
rent or payment for use and occupancy from any occupant of a building subject to an
order appointing a receiver after due notice and hearing, shall be found to be in contempt
of court.
(e) 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 real
property under court supervision, rent or use and occupancy payments 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. 95-340, S. 8.)