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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Housing Authority v. Olesen, 31 Conn. App. 359 (1993)

Citation
Housing Authority v. Olesen, 31 Conn. App. 359 (1993)
Parent Document
Housing Authority v. Olesen, 31 Conn. App. 359 (1993)
Jurisdiction
Connecticut (state)
Effective Date
1993-05-18

Full Text

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To ensure that the landlord’s duties are performed, General Statutes § 47a-4a provides that “[a] rental agreement shall not permit the receipt of rent for any period during which the landlord has failed to comply with subsection (a) of section 47a-7.” Generally, a tenant claiming the right to withhold rent must “show that the landlord’s failure to comply with § 47a-7 (a) materially affects his safety . . . or has rendered the premises uninhabitable.” (Citation omitted; internal quotation marks omitted.) Visco v. Cody, 16 Conn. App. 444, 450, 547 A.2d 935 (1988). The legislature, however, in its enactment of § 47a-8, has removed that burden from the tenant where lead-based paint is involved. The legislature has determined that the mere presence of lead-based paint shall be construed to render the dwelling unit uninhabitable and shall constitute noncompliance with § 47a-7 (a) (2). Consequently, there is nothing to forestall the triggering of the sanction imposed by § 47a-4a.