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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 46a-64c

Citation
Section 46a-64c
Parent Document
Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-10-12

Other Sections in This Document (133)

Full Text

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The more plausible construction of the statutory exception is to give it a narrow reading that comports with the policy of the statute overall. Under that narrow construction, the exception affords a landlord an opportunity to determine whether, presumably for reasons extrinsic to the section 8 housing assistance calculations, a potential tenant lacks sufficient income to give the landlord reasonable assurance that the tenant’s portion of the stipulated rental will be paid promptly and that the tenant will undertake to meet the other obligations implied in the tenancy. The statutory exception does not prescribe a single methodology for making such a determination, and in that respect, as the trial court held, leaves room for discretion to be exercised by the landlord. It does contemplate, however, that, in accordance with the statute’s antidiscrimination mandate, that any method adopted by the landlord must be applied consistently with respect to all potential tenants. B