Housing Authority v. Neal
211 Conn.App. 777
Conn. App. Ct.2022Background
- Landlord (Housing Authority of New Britain) served tenant Neal a notice to quit on Jan 13, 2020 alleging violations of lease and General Statutes § 47a-11 (unsanitary conditions, damage; serious nuisance).
- Plaintiff filed summary process complaint (Mar 2, 2020). Parties entered a stipulated judgment (Oct 22, 2020): possession to landlord, execution stayed through Oct 31, 2021, and Neal allowed to remain if he paid monthly use-and-occupancy ($209) and arrearage installments and complied with cleanliness, occupancy and inspection conditions.
- Plaintiff filed an affidavit of noncompliance (Apr 22, 2021) alleging missed payments and that Neal was arrested Apr 5, 2021 for possession/sale of illegal drugs—constituting a "serious nuisance."
- Trial court denied the affidavit, sustained the defendant’s objection, found the defendant a tenant (not a tenant at sufferance), and held § 47a-11 did not apply because the stipulation did not expressly incorporate it; the court expressed due-process concerns about deciding the serious-nuisance allegation in that proceeding.
- Appellate court reversed: it held Neal was a tenant at sufferance, § 47a-11 applied despite lack of express stipulation language, and Practice Book § 17-53 proceedings (affidavit of noncompliance) could be used to seek execution for alleged serious nuisance; case remanded for a new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was a tenant at sufferance after valid notice to quit and stipulated judgment | Notice to quit terminated lease; stipulation converted obligation to use-and-occupancy payments — so status is tenant at sufferance | Defendant argued he remained a tenant (not at sufferance) under the stipulation | Court: defendant was a tenant at sufferance (trial court finding to contrary was clearly erroneous) |
| Whether tenant-at-sufferance must comply with statutory obligations in § 47a-11 where stipulation did not expressly incorporate those duties | Statutory obligations survive termination of lease; tenant at sufferance must follow § 47a-11 even if stipulation silent | Stipulation did not expressly include § 47a-11 obligations, so those requirements should not be enforced in a § 17-53 proceeding | Court: § 47a-11 applies to tenant at sufferance; trial court erred in concluding otherwise |
| Whether an affidavit of noncompliance under Practice Book § 17-53 is an appropriate vehicle to seek execution of possession based on alleged serious nuisance (drug sale) | § 17-53 hearing can address violations of stipulation and statutory tenant duties; second summary-process action would be jurisdictionally improper because the original notice to quit already terminated the lease | Court below: serious-nuisance eviction requires a new § 47a-15 action and notice; § 17-53 not appropriate due to due-process concerns | Court: § 17-53 may be used; plaintiff need not file second summary-process action; hearing under § 17-53 affords due process and may consider § 47a-11/serious-nuisance allegation; remand for new hearing |
Key Cases Cited
- Boardwalk Realty Associates, LLC v. M & S Gateway Associates, LLC, 340 Conn. 115 (Conn. 2021) (tenant-at-sufferance must pay use-and-occupancy and comply with statutory obligations)
- Waterbury Twin, LLC v. Renal Treatment Centers–Northeast, Inc., 292 Conn. 459 (Conn. 2009) (valid notice to quit converts tenancy to sufferance; statutory obligations apply)
- Presidential Village, LLC v. Phillips, 325 Conn. 394 (Conn. 2017) (invalid/equivocal notice to quit does not terminate lease; distinguishes when a second notice may be required)
- Vidiaki, LLC v. Just Breakfast & Things!!! LLC, 133 Conn. App. 1 (Conn. App. 2012) (a second notice to quit cannot survive a motion to dismiss if the first valid notice already terminated the lease)
- Brewster Park, LLC v. Berger, 126 Conn. App. 630 (Conn. App. 2011) (describing consequences and obligations of tenant at sufferance)
- Rivera v. Santiago, 4 Conn. App. 608 (Conn. App. 1985) (statutory landlord–tenant obligations continue even absent a rental agreement)