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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

PPC Realty, LLC v. Hartford, 350 Conn. 347 (2024)

Citation
PPC Realty, LLC v. Hartford, 350 Conn. 347 (2024)
Parent Document
PPC Realty, LLC v. Hartford, 350 Conn. 347 (2024)
Jurisdiction
Connecticut (state)
Effective Date
2024-08-12

Other Sections in This Document (198)

Full Text

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is not difficult to recognize that the act’s framework
         works a balance. In the event that a landlord arguably
         is not at fault for the displacement of residents from
         its building, it might not be able to discharge the munici-
         pality’s lien, and, yet, the municipality might have diffi-
         culty foreclosing on the lien or suing on the landlord’s
         liability. In this situation, the municipality and the land-
         lord might be forced to work with the landlord’s insur-
         ance company or potential lenders to reach a solution
         that meets everyone’s interests: the landlord in
         reopening a revenue stream from its investment, and
         the municipality in recovering some of its costs and
         returning housing stock to the market, with all of the
         economic and social benefits that flow from such a
         resolution. It is the legislature’s prerogative to address
         and remedy any perceived inconsistency. See, e.g.,
         Trinity Christian School v. Commission on Human
         Rights & Opportunities, 329 Conn. 684, 698 n.18, 189
         A.3d 79 (2018) (‘‘[o]f course, as in all cases involving
         the construction of a statute, if the legislature disagrees
         with our interpretation . . . it is free to enact legisla-
         tion’’ to the contrary). We cannot conclude that the
         statutes as they exist are either bizarre or unworkable;
         nor will we import language that we think might make
         the statutes more workable, or even more rational.6
             6
               The legislative history of §§ 8-268, 8-270 and 8-270a manifests the concern
         of some legislators about saddling landlords with relocation costs for dis-
         placed tenants; see footnote 4 of this opinion; and of other legislators about
         saddling cities with these same relocation costs from code enforcement,
         resulting in a disincentive for cities to provide displaced persons with needed
         aid in an emergency such as what occurred in this case. See 25 H.R. Proc., Pt.
         16, 1982 Sess., pp. 5381–82, remarks of Representative Thomas P. Brunnock
         (‘‘[C]ertainly the cities find themselves in a paradoxical situation when they
         look at a building that’s substandard and the first question that they have
         to ask themselves is can we afford to relocate people. And that’s really a
         sad commentary . . . .’’). Given these competing concerns, it is unremark-
         able that the legislature arrived at a solution that does not fully protect
         landlords or cities from the relocation costs associated with displaced res-
         idents.
Page 18                        CONNECTICUT LAW JOURNAL                       November 5, 2024