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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gore v. People's Savings Bank, 235 Conn. 360 (1995)

Citation
Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Parent Document
Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Jurisdiction
Connecticut (state)
Effective Date
1995-10-10

Other Sections in This Document (94)

Full Text

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The language of § 47a-8 provides: “The presence of paint which does not conform to federal [lead paint] standards ... or of cracked, chipped, blistered, flaking, loose or peeling paint which constitutes a health hazard on accessible surfaces in any dwelling unit, tenement or any real property intended for human habitation shall be construed to render such dwelling unit, tenement or real property unfit for human habitation and shall constitute a noncompliance with subdivision (2) of subsection (a) of section 47a-7.” This language makes clear that the legislature intended to make a per se violation of § 47a-7 the presence of paint in violation of either the federal lead-based paint standards or the health hazard standards of § 47a-54f (b). The legislature’s adoption of these specific hazards as per se violations of § 47a-7 suggests that the legislature considered the various risks and benefits associated with the continued use of lead-based paints and meant to hold landlords to a particular standard of conduct.