Sec. 21-80a. Retaliatory action by owner prohibited. Actions deemed not retaliatory.
Sec. 21-80a. Retaliatory action by owner prohibited. Actions deemed not retaliatory. (a) An owner shall not maintain an action or proceeding against a resident to
recover possession of a dwelling unit or a mobile manufactured home space or lot,
demand an increase in rent from the resident, or decrease the services to which the
resident has been entitled within six months after: (1) The resident has in good faith
attempted to remedy by any lawful means, including contacting officials of the state or
of any town, city or borough or public agency or filing a complaint with a fair rent
commission, any condition constituting a violation of any provision of this chapter or
chapter 368o or of any other state statute or regulation, or of the housing and health
ordinances of the municipality wherein the premises which are the subject of the complaint lie; (2) any municipal agency or official has filed a notice, complaint or order
regarding such a violation; (3) the resident has in good faith requested the owner to
make repairs; (4) the resident has in good faith instituted an action under subsections
(a) to (i), inclusive, of section 47a-14h; or (5) the resident has organized or become a
member of a residents' association.
(b) Notwithstanding the provisions of subsection (a) of this section, if permitted by
subdivision (1) of subsection (b) of section 21-80, the owner may maintain an action to
recover possession of the premises if: (1) The resident is using the dwelling unit or the
premises for an illegal purpose or for a purpose which is in violation of the rental
agreement or for nonpayment of rent; (2) the condition complained of was caused by
the wilful actions of the resident or another person in his household or a person on the
premises with his consent; or (3) the owner seeks to recover possession pursuant to
section 21-80 on the basis of a notice which was given to the resident before the resident's
complaint.
(c) Notwithstanding the provisions of subsection (a) of this section, an owner may
increase the rent of a resident if: (1) The condition complained of was caused by the
lack of due care by the resident or another person in his household or a person on the
premises with his consent; (2) the owner has become liable for a substantial increase in
property taxes, or a substantial increase in other maintenance or operating costs not
associated with his complying with the complaint, not less than four months before the
demand for an increase in rent, and the increase in rent does not exceed the prorated
portion of the net increase in taxes or costs; or (3) the owner in good faith is increasing
the rent in a manner permitted by subdivision (5) of subsection (b) of section 21-80.
(d) Nothing in this section shall be construed to in any way limit the defense provided in section 47a-33.
(P.A. 91-383, S. 6; P.A. 07-217, S. 90.)
History: P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007.