§ 1-2z

Citation: § 1-2z (3)
Parent Document: PPC Realty, LLC v. Hartford, 350 Conn. 347 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-08-12
Original Source: https://www.courtlistener.com/opinion/10266509/ppc-realty-llc-v-hartford/ ↗

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(3) (B). Rather, under the act, the defendant’s code
         enforcement activities displaced the residents of 820
         Wethersfield Avenue on March 7, 2019.
                                                II
           Next, we consider whether it is procedurally proper
         for the plaintiff to claim that the defendant’s lien was
         invalid because the displacement of the residents was
         not the result of the plaintiff’s violation of § 47a-7.3 The
         plaintiff contends that § 8-270a permits it to assert, in
         support of its application to discharge the lien, that the
         plaintiff cannot be liable under § 47a-7 because it did
         not cause the fire that displaced the tenants. In response,
         the defendant contends that the plaintiff cannot apply
         to discharge the lien because § 8-270a makes clear that
         a § 47a-7 argument is available only as an affirmative
         defense to a civil action filed by a municipality to recover
         from a landlord payment the municipality has made on
         behalf of displaced residents. We agree with the defen-
         dant.
           As we did in part I of this opinion, we exercise plenary
         review over the trial court’s interpretation of §§ 8-268,
         8-270 and 8-270a. The plain meaning rule continues to
         guide this portion of our analysis. See General Statutes
            3
              General Statutes § 47a-7 (a) outlines a landlord’s responsibilities and
         provides in relevant part: ‘‘A landlord shall: (1) Comply with . . . all applica-
         ble building and housing codes materially affecting health and safety of
         both the state or any political subdivision thereof; (2) make all repairs and
         do whatever is necessary to put and keep the premises in a fit and habitable
         condition, except where the premises are intentionally rendered unfit or
         uninhabitable by the tenant, a member of his family or other person on the
         premises with his consent, in which case such duty shall be the responsibility
         of the tenant; (3) keep all common areas of the premises in a clean and
         safe condition; (4) maintain in good and safe working order and condition
         all electrical, plumbing, sanitary, heating, ventilating and other facilities and
         appliances and elevators, supplied or required to be supplied by him; (5)
         provide and maintain appropriate receptacles for the removal of ashes,
         garbage, rubbish and other waste incidental to the occupancy of the dwelling
         unit and arrange for their removal; and (6) supply running water and reason-
         able amounts of hot water at all times and reasonable heat . . . .’’
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