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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Even if it were appropriate for this court to put a gloss on § 21-80a (b)(1) in furtherance of an important public policy, which it is not, the majority's strained interpretation is not necessary to ensure the safety and welfare of other residents. Although the majority is correct that landlords have an obligation to ensure that their premises are safe and habitable, other legal remedies are available to arrest the conduct that creates such risks without thwarting the purpose of § 21-80a, which is to protect residents who seek to remedy, through various legal channels, unsafe or unlawful conduct by their landlord. For example, a landlord may seek injunctive relief, even on an ex parte basis if the circumstances so require. See General Statutes §§ 52-471 and 52-473. If the circumstances require urgent action, such relief may be obtained more expediently than through a summary process action.[10] Additionally, tenants commonly and effectively address issues relating to quiet enjoyment by complaints to law enforcement *642 officials. Furthermore, rental agreements also may provide other means short of eviction to rectify conduct in violation of the agreement. For example, under the parties' rental agreement, the plaintiff apparently never invoked its right to tow an "improperly parked car ... that creates a hazard or inconvenience to [the defendants'] neighborhood or community."

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