Section 21-80a

Citation: Section 21-80a
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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Second, the Appellate Court reasoned that "an overly literal and excessively narrow reading of § 21-80a (b)(1) would yield... an irrational result, as it could seriously limit an owner's ability to care for his property, as well as emasculate the duty to protect the quiet enjoyment of other tenants." Fairchild Heights, Inc. v. Dickal, supra, 118 Conn.App. at 177, 983 A.2d 35. As I previously have noted, however, there are other means short of eviction to protect these interests. Moreover, by giving § 21-80a (b)(1) the literal and narrow reading that its text compels, we shield tenants from retaliatory eviction while they are seeking to remedy harmful conditions created by the landlord, which in turn yields a benefit to all tenants. Finally, the narrow reading of § 21-80a (b)(1) does not permanently shield a tenant from eviction for lease violations, but only for a sufficient period to vindicate their claim of wrongful conduct. Accordingly, I disagree with the reasons proffered by the Appellate Court in rejecting a narrow construction of § 21-80a (b)(1).

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