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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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As in Richwind, the common law in Connecticut has always included a notice requirement as part of a tenant’s cause of action. Furthermore, as in Richwind, the statutory scheme at issue in this case does not eliminate that requirement. Indeed, the statutory framework evinces a legislative intent to afford landlords the opportunity to remedy violations of housing standards after receipt of notice. General Statutes § 47a-58 (a) provides, inter aha, that “[a]ny enforcing agency may issue a notice of violation to any person who violates any provision of this chapter or a provision of a local housing code. Such notice shall specify each violation and specify the last day by which such violation shall be corrected. . . . The enforcing agency may postpone the last day by which a violation shall be corrected upon a showing by the owner or other responsible person that he has begun to correct the violation but that full correction of the violation cannot be completed within the time provided because of technical difficulties, inability to obtain necessary materials or labor or inability to gain access to the dwelling unit wherein the violation exists.” We agree with the defendants that this provision evinces a legislative intent to create a system based on notice rather than strict liability.21 Moreover, *389we agree with the defendants that the legislature knows how to create strict liability when it chooses to do so; see, e.g., General Statutes § 22-357 (providing that dog owners “shall be liable” for damage to any person’s body or property caused by dog); and that there is nothing to indicate that it chose to do so in this case.22