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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (80)

Full Text

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The defendant contends that § 21-79 (a), which establishes that a mobile home that is “safe, sanitary and in conformance with aesthetic standards” may be resold on-site by the tenant who owns it, violates the takings clause in two ways. First, by entering into a lease a park owner virtually grants to the tenant a leasehold in perpetuity so long as he pays rent and obeys reasonable regulations established by the park owner. Second, the tenant may resell his home on-site to a new tenant who gains the same perpetual leasehold rights, although the park owner does retain limited authority under subsection (d) of the statute to reject a prospective buyer where there is reasonable cause to believe that he is financially unqualified or intends to use the home for an improper purpose.