Cited. 35 CS 233. Retaliatory eviction defense is not a right given to tenants, rather a limitation upon remedies of landlord intended to protect tenant who had complained of housing code violation; tenant's request to landlord to unclog bathtub drain does not constitute a repair sufficient to raise the presumption of retaliatory defense; under Subdiv. (3), “repairs” means repairs of substantial code violations; repairs required to conform a dwelling unit to basic structural, mechanical and housing code regulations are the types contemplated to raise presumption of retaliatory defense; establishment of prima facie case by tenant gives rise to presumption of retaliatory action by landlord; prima facie case results when tenant has produced sufficient evidence to bring himself within one or more of the specified acts; presumption of retaliatory action is rebuttable; to rebut, landlord is required to establish legitimate interest in the eviction; landlord has burden of producing substantial countervailing evidence and of proving facts which fairly put in issue the presumed fact; Subdiv. (1) contains language nearly identical to that of Sec. 47a-33; Subdiv. (1) and three others in section are intended to trigger defense of retaliatory action. Id., 261. Cited. 36 CS 47; 38 CS 370; Id., 683; 40 CS 470.
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