Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)

Citation: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Parent Document: Gordon v. Bridgeport Housing Authority, 208 Conn. 161 (1988)
Jurisdiction: Connecticut (state)
Effective Date: 1988-07-05
Original Source: https://www.courtlistener.com/opinion/7893244/gordon-v-bridgeport-housing-authority/ ↗

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Although the finding of an agency relationship is ordinarily a question of fact; Beckenstein v. Potter & Carrier, Inc., supra, 133; Conte v. Dwan Lincoln-Mercury, Inc., 172 Conn. 112, 124, 374 A.2d 144 (1976); the plaintiff is asserting an agency relationship based *185solely on the statutory scheme of part I of chapter 128 of the General Statutes. Therefore, unless the statutory scheme permits a finding of an agency relationship, there is no factual question to resolve. We conclude that part I of chapter 128 fails to permit a finding of an agency relationship. First, the city has no power to control the actions of the BHA. Under § 8-41, “[t]he powers of each authority shall be vested in the commissioners thereof.” See Better Home Heat Council, Inc. v. Housing Authority, 148 Conn. 536, 538, 172 A.2d 610 (1961). It is true that the commissioners can be removed for cause by the city; General Statutes § 8-43;9 but the city does not have the power to control the actions of the authority as it would were it a true principal of the BHA. See W. Seavey, Agency (1977) § (E) 3 (“[t]he right of the principal to direct what the agent shall do or shall not do is basic”). Second, under the powers of the authority under General Statutes § 8-44, the authority is not granted the power legally to bind the city. This is another essential element of a bona fide agency relationship. Botticello v. Stefanovicz, supra.

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