Skip to main content
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

1,291 chars
In conclusion, we hold that the protection afforded by § 47a-20 (3) is not invoked unless the repair requested is one which is necessary to maintain the leased premises in a fit and habitable state. This conclusion both advances the policy considerations underlying the enactment of the retaliatory eviction statute, “i.e., [the] protection of tenant attempts to secure safe, sanitary and decent housing”; R. Schoshinski, American Law of Landlord and Tenant § 12.9, p. 738 n.3; and it enables us to construe the statutory scheme of our landlord and tenant laws as a consistent whole; Powers v. TJlichny, 185 Conn. 145, 149, 440 A.2d 885 (1981); creating a “harmonious body of law.” Berger v. Tonken, 192 Conn. 581, 589, 473 A.2d 782 (1984). Whether or not the defect complained of goes to the tenantability of the property is a question of fact to be determined by the trier. See Johnson v. Fuller, 190 Conn. 552, 461 A.2d 988 (1983); Shipman v. Carr, 38 Conn. Sup. 393, 449 A.2d 187 (1982). Under the facts of this case, we cannot say that the trial court erred in determining that the repairs requested by the defendants were not necessary to keep the premises in “a fit and habitable condition.” General Statutes § 47a-7 (a). There is no error. In this opinion the other judges concurred.