Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)

Citation: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Parent Document: Fairchild Heights, Inc. v. Dickal, 45 A.3d 627 (2012)
Jurisdiction: Connecticut (state)
Effective Date: 2012-06-26
Original Source: https://www.courtlistener.com/opinion/2295282/fairchild-heights-inc-v-dickal/ ↗

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The parties agree that if a resident has engaged in conduct protected by subsection (a) of § 21-80a, subsection (b) of that statute provides the exclusive means for circumventing the resulting bar to a landlord's summary process action. See also Correa v. Ward, 91 Conn.App. 142, 147, 881 A.2d 393 (2005) (construing analogous language in General Statutes §§ 47a-20 and 47a-20a of Landlord and Tenant Act). What is at issue in this appeal is the scope of these exceptions; in particular, the exception that applies when a "resident is using the dwelling unit or the premises... for a purpose which is in violation of the rental agreement...." General Statutes § 21-80a (b)(1). The defendants argue that the Appellate Court improperly interpreted § 21-80a (b)(1). They maintain that the language clearly and unambiguously requires a showing that the tenant used the property as a whole for the purpose of violating the rental agreement, such as using the property for a commercial purpose or converting the single unit site into a multi-unit site. The defendants posit that they are entitled to the protection of § 21-80a (a) because the parking of extra vehicles on their lot is not "using the dwelling unit or the premises ... for a purpose which is in violation of the rental agreement"; General Statutes § 21-80a (b)(1); as they urge us to interpret it. In contrast, the plaintiff contends that the Appellate Court properly interpreted the statutory language to encompass the defendants' breach of the rental agreement, and, accordingly, that the Appellate Court properly affirmed the trial court's judgment. We agree with the plaintiff that the Appellate Court properly affirmed the trial court, but not on the basis stated by the Appellate Court.

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