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
Original Source: https://www.courtlistener.com/opinion/7898215/commission-on-human-rights-oppo... ↗

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We emphasize that our order for a new trial is limited to the issue of whether the defendant can establish that the relators properly were denied access to his rental *792property because they had “insufficient income” within the exception contained in § 46a-64c (b) (5). The burden of proving its eligibility for the exception must be assumed by the defendant. “[T]hose who claim the benefit of an exception under a statute have the burden of proving that they come within the limited class for whose benefit it was established.” Conservation Commission v. Price, supra, 193 Conn. 424; Gay & Lesbian Law Students Assn. v. Board of Trustees, 236 Conn. 453, 473-74, 673 A.2d 484 (1996). To determine whether the defendant has met its burden, a finder of fact on this issue properly may consider criteria that include, but are not limited to, the potential tenant’s income, personal rental obligation, foreseeable utility expenses and foreseeable liability for other than ordinary wear and tear.

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