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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Visco v. Cody, 16 Conn. App. 444 (1988)

Citation
Visco v. Cody, 16 Conn. App. 444 (1988)
Parent Document
Visco v. Cody, 16 Conn. App. 444 (1988)
Jurisdiction
Connecticut (state)
Effective Date
1988-09-27

Full Text

1,213 chars
*450With regard to the first two forms of relief, the tenant’s ability to recover is not automatic once he has alleged a breach of the landlord’s statutory duty. For example, before a tenant can initiate an action pursuant to § 47a-14h, he must allege that within the previous twenty-one days he lodged a complaint concerning the condition of the premises with a municipal agency. General Statutes § 47a-14h (b) (5); see generally Dugan v. Milledge, 196 Conn. 591, 494 A.2d 1203 (1985). Similarly, for a tenant to make a successful claim that he had the right to withhold payment of rent, he must show that the landlord’s failure to comply with § 47a-7 (a) “materially affects his safety”; Tucker v. Lopez, 38 Conn. Sup. 67, 69, 457 A.2d 666 (1982); or has rendered the premises “uninhabitable.” Steinegger v. Rosario, 35 Conn. Sup. 151, 156, 402 A.2d 1 (1979). Furthermore, to establish uninhabitability, the tenant needs to do more than assert a unilateral, self-serving statement that the premises are untenantable. Evergreen Corporation v. Brown, 35 Conn. Sup. 549, 552, 396 A.2d 146 (1978) (suggesting that a tenant “utilize the broad range of municipal boards, agencies, and commissions” to remedy defects).