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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 majority concludes, however, that § 46a-64c requires that the defendant demonstrate that its minimum income requirement bears a reasonable relationship to its ability to enforce the rent obligations of Hanson and Roper. I disagree for the following three reasons. First, in explaining which practices were prohibited by the statutes and which were not, Representative Taborsak stated: “A landlord who offers an apartment may not discriminate based on [lawful source of income or other statutory provision]. Outside of those specific instances, the landlord may offer the accommodation and through that acquire a group of [prospective] tenants. Within that group of [prospective] tenants, he may select the tenant of his or her liking, his or her preference, based on what is in the application, references, occupational background. He may not discriminate based on the statutory protections, but in the pool of [prospective] tenants that apply *799for that public accommodation, he has the ability to select the tenant that best suits . . . his own personal preference.” (Emphasis added.) 32 H.R. Proc., supra, pp. 8784-85. Representative Taborsak’s remarks seem to me to indicate unequivocally that the legislature intended that determinations regarding practices not prohibited by the statute — such as the income level to be required of tenants — are within the sole province of the landlord.