316 Conn. 851
Conn.2015Background
- Canton sought appointment of a court receiver under Conn. Gen. Stat. § 12-163a(a) to collect rents from building occupants because the owner was delinquent on municipal real property taxes.
- The receiver was authorized by statute to "collect all rents or payments for use and occupancy forthcoming from the occupants . . . in place of the owner."
- Dispute arose whether that statutory authority allows the receiver to (a) collect past-due rents and (b) commence eviction proceedings against nonpaying tenants or to lease to new tenants.
- The majority held the receiver may collect past-due rents but may not lease premises to new tenants; it also concluded (majority) that the receiver cannot commence eviction proceedings to enforce rent collection.
- Justice Zarella (joined by Justice Eveleigh) concurred in part and dissented in part: he agrees on past-due rent collection and the lack of power to lease, but argues the receiver may commence eviction proceedings to obtain unpaid rents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a receiver under § 12-163a(a) collect past-due rents? | Receiver (municipality) can collect past-due rents; "all rents" includes accrued rent and legal means to obtain them. | Owner/other may argue statute is narrow and does not clearly include past-due rents. | Yes — court (majority) permits collection of past-due rents. |
| May a receiver commence eviction proceedings to enforce rent collection? | Canton/receiver: implied authority to use legal remedies (including eviction) to obtain unpaid rents. | Majority: statute does not authorize eviction proceedings by receiver; authority is narrow and does not include eviction. | No — majority: receiver may not commence eviction; Justice Zarella dissents (would allow eviction). |
| May a receiver lease the premises to a new tenant after eviction? | Receiver: (some argued) needs ability to re-lease to make tax collection effective. | Majority: statute does not confer authority to lease to new tenants. | No — receiver cannot lease premises to new tenants. |
| Should § 12-163a(a) be read like other receivership statutes (broad vs. specific powers)? | Receiver: broad reading consistent with ordinary meaning of "collect" and "in place of the owner," allowing use of owner’s legal remedies. | Majority: other statutes are more specific; absence of explicit language limits § 12-163a(a) to narrower powers. | Court divided: majority favors narrower construction re eviction/leasing; concurrence/dissent favors broader construction re eviction. |
Key Cases Cited
- State v. Heredia, 310 Conn. 742 (2013) (statutory construction principles and use of § 1-2z guidance)
- Waterbury Twin, LLC v. Renal Treatment Centers–Northeast, Inc., 292 Conn. 459 (2009) ("payments for use and occupancy" arise after notice to quit)
- Connecticut Light & Power Co. v. DaSilva, 231 Conn. 441 (1994) (scope of rent receivership under utility-specific statutory scheme is sui generis)
- Fairchild Heights, Inc. v. Dickal, 305 Conn. 488 (2012) (presumption that no statutory language is superfluous)