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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1-2z

Citation
§ 1-2z
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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ings, the result is an unsound structure’’). We do not
       read this definitional statute to concern itself with the
       specific root cause of how a building became uninhabi-
       table. Any number of reasons might lead a municipality
       to exercise its police powers to protect its citizenry by
       ordering residents to move out of a building, rendering
       them ‘‘displaced persons’’ for purposes of the act. See
       id. (‘‘[i]ndeed, in those buildings where displacement
       is necessary, the nomenclature of the violations is irrele-
       vant’’). The act’s definition of ‘‘displaced person’’ does
       not concern itself with fault but instead focuses on the
       status of the tenants. These clear, threshold determina-
       tions do not require further inquiry into why unhabitable
       conditions came to displace the building’s residents.
          As applied to the present case, it is undisputed that
       a third party’s arson left the plaintiff’s property in a state
       that violated the defendant’s building codes. Indeed, the
       plaintiff acknowledges that the defendant’s emergency
       intervention was necessary in the aftermath of the fire.
       It is also undisputed that less than one hour after the
       fire occurred, the defendant issued a document titled
       ‘‘Notice Violation/Emergency and Order to Abate,’’ which
       instructed all residents to vacate their units because
       the building was ‘‘[u]nfit for [h]uman [o]ccupancy.’’ Once
       the defendant issued that order, the residents became
       displaced as a ‘‘direct result of code enforcement activi-
       ties’’ under § 8-267 (3) (B). This is the most sensible
       reading in light of the legislatively declared purpose of
       the act, which includes ‘‘establish[ing] a uniform policy
       for the fair and equitable treatment of persons displaced
       . . . by building code enforcement activities . . . .’’
       General Statutes § 8-266. Even though the arson destroyed
       the property, there was some danger that residents of
       the building would seek to return if they had no other
       place for shelter. It was the defendant’s code enforce-
       ment that directly resulted in the displacement of the
       tenants.
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