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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[8] Consideration of § 21-80a (b)(1) in relation to § 21-80(b)(1)(C) shows that the Appellate Court's broad interpretation of § 21-80a (b)(1) would not afford any additional protection to mobile home owners who engage in activities protected under § 21-80a (a). Specifically, the Appellate Court would allow a park owner to evict a resident in spite of the resident's protected conduct upon a showing that the resident had violated a material term of the rental agreement. Fairchild Heights, Inc. v. Dickal, supra, 118 Conn.App. at 173, 983 A.2d 35. If, however, the park owner had already established material noncompliance with the rental agreement to initiate the summary process action under § 21-80(b)(1)(C) in the first instance, it follows a fortiori that such material noncompliance would also constitute a "violation of a material provision of the rental agreement"; id.; thereby satisfying § 21-80a (b)(1). In effect, the requirements of §§ 21-80a (b)(1) and 21-80(b)(1)(C) would be coextensive.

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