Section 21-79

Citation: Section 21-79
Parent Document: Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-08-16
Original Source: https://www.courtlistener.com/opinion/7893279/eamiello-v-liberty-mobile-home-... ↗

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The plain language of § 21-79 (a) allows a mobile home park resident to sell his mobile home on-site so *632long as it is “safe, sanitary and in conformance with aesthetic standards.” Any restrictions that are not related to these criteria inevitably conflict with the legislative intention to make such homes transferable without removal so long as these three statutory specifications are satisfied. Although'§ 21-79 (b) creates a presumption that a mobile home constructed in accordance with a national standard, such as ANSI-119, is “safe and sanitary,” it also provides that failure to meet such a standard “shall not automatically raise a presumption that the mobile manufactured home is unsafe or unsanitary.” This subsection specifies further that “[s]uch failure shall not be used as a reason for withholding appro val. of an on-site sale unless such failure renders the mobile manufactured home unsafe or unsanitary.” The requirement imposed by the defendant that the plaintiffs’ mobile home, which was more than ten years old, meet the ANSI-119 specifications directly contravenes § 21-79 (b) by effectively raising a presumption that such noncompliance automatically makes the home unsafe or unsanitary and by allowing approval of an on-site sale to be withheld solely on that ground. This requirement also has the effect of relieving the defendant of its burden of proving that a home is “unsafe, unsanitary or fails to meet the aesthetic standards of the development,” as § 21-79 (c) provides. Accordingly, we hold that the trial court did not err in determining that this resale standard was prohibited by § 21-79. II

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