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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Although we agree with the defendants that the Appellate Court's interpretation of § 21-80a (b)(1) was overinclusive, we disagree with the defendants' narrow interpretation, limiting the exception to cases where there is "an overall improper use of the dwelling unit or the premises for a purpose in violation of the lease." We are mindful that "remedial statutes should be construed liberally in favor of those whom the law is intended to protect"; Dysart Corp. v. Seaboard Surety Co., 240 Conn. 10, 18, 688 A.2d 306 (1997); and, accordingly, that exceptions therefrom should be construed narrowly. Insofar as this court has recognized that the General Assembly enacted statutes regulating mobile home parks to protect mobile home residents from park owners' abuses; see *636 Eamiello v. Liberty Mobile Home Sales, Inc., 208 Conn. 620, 647, 546 A.2d 805 (1988) ("[P]ark owners have a monopoly and as we have seen throughout our society monopolies often result in abuses.... [This bill] helps the people who live in these mobile home parks...." [Internal quotation marks omitted.]), appeal dismissed, 489 U.S. 1002, 109 S.Ct. 1104, 103 L.Ed.2d 169 (1989); 15 H.R. Proc., Pt. 4, 1972 Sess., pp. 1707-1708, remarks of Representative Richard A. Dice; this remedial purpose must be balanced against the rights and duties of a park owner. For instance, the owner has a right to expedient summary process; see Young v. Young, 249 Conn. 482, 492, 733 A.2d 835 (1999) (referring to "right to expedient summary process" pursuant to Landlord and Tenant Act); and a duty to maintain the park in a safe and habitable condition for all of the park's residents. See, e.g., General Statutes § 21-82(a).[10] We believe that our interpretation of § 21-80a strikes the proper balance between the rights and duties of both parties. It provides adequate protection to residents who have engaged in activities enumerated by § 21-80a (a) while preserving the park owner's statutory remedy of summary process in those cases in which the residents' actions may affect the safety and welfare of other residents. Alternatively, under the defendants' interpretation, a resident who has engaged in protected conduct could materially violate the lease without fear of being subject to eviction for a six month period, regardless of the burdens that that conduct could place on the owner and other park residents.

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