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Landlord/Tenant Law Supreme Court Opinion

by Zigadto, Janet


SC20043 - Presidential Village, LLC v. Perkins (Summary process; motion to dismiss; "This summary process action concerns the degree of specificity required in the pretermination notice that, pursuant to regulations promulgated by the federal Department of Housing and Urban Development (HUD), must be provided to a tenant who resides in federally subsidized housing before the landlord may commence an eviction proceeding against that tenant. Specifically, the issue presented is whether a pretermination notice asserting nonpayment of rent as the ground for the proposed termination of the tenancy is jurisdictionally defective if it includes either rent charges that cannot serve as a basis for termination of the tenancy under state summary process law or undesignated charges for obligations other than rent. The trial court concluded that the inclusion of both types of charges renders the notice jurisdictionally defective. The Appellate Court concluded that state law is irrelevant to the legal sufficiency of such a notice, and that the inclusion of charges other than for rent is not a material defect under federal law. Presidential Village, LLC v. Perkins, 176 Conn. App. 493, 500, 506, 170 A.3d 701 (2017).

The defendant tenant, Tonya Perkins, appeals, upon our grant of certification, from the Appellate Court's judgment reversing the judgment of the trial court dismissing the summary process action initiated by the plaintiff landlord, Presidential Village, LLC. We conclude that the inclusion of undesignated charges for obligations other than rent rendered the notice jurisdictionally defective. Accordingly, we reverse the Appellate Court's judgment.")