148 Conn. App. 470
Conn. App. Ct.2014Background
- Eno Farms is a municipally-funded very low to moderate income housing complex with annual income and family composition recertification requirements; leases are yearly and tenants’ occupancy depends on compliance with recertification provisions.
- Konover Residential Corp., as agent for CHFA–Small Properties, filed five summary process actions on June 30, 2011 to evict tenants for failing to provide required recertifications.
- Trial court found defendants failed to recertify and served proper notices to quit; the trial court rejected arguments that the foreclosure on the underlying property affected the lease obligations or the recertification requirement.
- Defendants argued the Protecting Tenants at Foreclosure Act (PTFA) forecloses eviction following foreclosure; defendants also raised statutory notices challenges and collateral estoppel defenses.
- On appeal, defendants’ statutory arguments were deemed abandoned for improper briefing, and the ownership/ collateral estoppel issue was likewise deemed abandoned; the court affirmed the judgments below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PTFA forecloses eviction for nonrecertification | Konover urges act does not apply to noncompliance with recertification | Elazazy et al. contend foreclosure trigger allows PTFA protection | PTFA not applicable; foreclosure-related protection does not excuse lease noncompliance |
| Timely notices under 47a-15/47a-23 | Konover argues notices were proper | Elazazy et al. contend notices flawed | Claims under statutes abandoned; issues not properly briefed |
| Collateral estoppel ownership defense | Konover argues ownership issue already resolved | Elazazy et al. fail to show error in estoppel application | Abandoned for lack of argument; affirmed on other grounds |
Key Cases Cited
- Sullivan v. Lazzari, 135 Conn. App. 831 (Conn. App. 2012) (review of statutory construction in summary process cases)
- Kasica v. Columbia, 70 A.3d 1 (Conn. 2013) (statutory interpretation framework; plain meaning and legislative history)
- Baranowski v. Safeco Ins. Co. of America, 119 Conn. App. 85 (Conn. App. 2010) (abandonment of issues for inadequate briefing; need for substantive discussion)