(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.

When a resident contends that Subsec. (a) bars a summary process action brought pursuant to Subsec. (b)(1)(C), the park owner may maintain such action nevertheless by establishing that the resident is in material noncompliance with the lease and using the premises for a purpose that violates the rental agreement. 305 C. 488.

Since Sec. 47a-20 is essentially analogous in wording and purpose to this section, the analysis used to interpret Sec. 47a-20 as creating a rebuttable presumption of retaliation may be used to construe this section as well. 118 CA 163; judgment affirmed on alternate grounds, see 305 C. 488.

Subsec. (b):

The phrase “for a purpose which is in violation of the rental agreement” encompasses more than the use of the property for an overall purpose that is in violation of the rental agreement, but also includes the situation in which the resident's conduct is in violation of a material provision of the rental agreement. 118 CA 163; judgment affirmed on alternate grounds, see 305 C. 488.