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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Finally, even if the majority were correct that the presumption of retaliatory eviction is overcome by proof that a tenant has materially violated the rental agreement by using the premises in a manner that creates a risk to the safety and welfare of other residents, the record in the present case does not support a conclusion that this standard has been met. The record reveals the following undisputed facts adduced at the summary process hearing. The rental agreement at issue expressly permits tenants to park in excess of two vehicles, subject to obtaining permission and paying a monthly fee. The plaintiff had offered the defendants a lease under which they would have been permitted to park more than two cars on their lot at no additional fee, as long as they agreed to pay back fees for an earlier period of time for which the plaintiff had billed them for keeping excess vehicles.[11] Other tenants of the plaintiff park up to five cars on the premises. Simply put, when the conduct at issue would have been permitted had the defendants paid a fee, that conduct cannot reasonably be deemed a health and safety risk. When the same conduct providing the basis for the eviction action is engaged in by other tenants, with either the landlord's express permission or acquiescence, that conduct reasonably cannot be deemed a health and safety risk. Finally, the plaintiff's failure to tow away any of the defendants' vehicles during the four years that they were in noncompliance with the rental agreement, when it has the right to tow improperly parked cars that create a hazard or inconvenience, demonstrates that the plaintiff did not view the defendants' conduct as creating a risk to the safety or welfare of other tenants.

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