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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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Furthermore, if I were to address the commission’s claim that the defendant’s rejection of the applicants on the basis of its objections to certain terms of a section 8 lease, I would utilize the pretext/McDonnell DouglasBurdine analytic model, rather than the attenuated statutory construction employed by the majority. Neither the language nor the legislative history of § 46a-64c provides any indication that the legislature intended that § 46a-64c require landlords to accept, under all circumstances, any and all terms that the federal government imposes upon section 8 leases. I am not persuaded, moreover, that the legislature’s subsequent failure to enact legislation specifying that § 46a-64c does not require landlords to accept such terms compels a conclusion to the contrary. During the committee hearing on the proposed, but never enacted, legislation, Representatives Richard Tulisano and Douglas Mintz vigorously argued that § 46a-64c does not require landlords to accept the terms of section 8 leases. See, e.g., Conn. Joint Standing Committee Hearings, Judiciary, Pt. 1, 1991 Sess., pp. 276-78. It also seems to me that, in light of the fact that none of the other enumerated “[l]awful source[s] of income”; see General Statutes § 46a-63; imposes lease obligations upon landlords, the legislature’s familiarity in 1985, with the *803federal section 8 program is not an adequate foundation for a conclusion that in enacting P.A. 89-288 in 1989, the legislature in fact intended that landlords be required to accept any and all terms the federal government imposes upon section 8 leases.