The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Landlord/Tenant Law Appellate Court Opinion

by Zigadto, Janet

 

AC46290 - Milford Redevelopment & Housing Partnership v. Glicklin ("In this summary process action, the plaintiff, Milford Redevelopment & Housing Partnership, appeals from the judgment of the trial court rendered in favor of the defendant, Lisa Glicklin. The plaintiff initiated this summary process action against the defendant claiming that the defendant repeatedly violated the plaintiff's smoke-free housing policy. In rendering judgment for the defendant, the trial court rejected the plaintiff's claim on the basis that the plaintiff failed to prove that the defendant had not cured the violation of the plaintiff's policy. On appeal, the plaintiff raises interrelated claims. First, it claims that the court improperly raised sua sponte the unpleaded special defense of cure to defeat its summary process action. Second, it claims that, even if it was proper for the court to raise the special defense of cure sua sponte, the court improperly placed the burden on the plaintiff to prove that the defendant did not cure her violations. The defendant, in addition to disputing the plaintiff's claims, argues that the trial court lacked subject matter jurisdiction over the action because of alleged inadequacies in the pretermination notice provided to the defendant. For the reasons that follow, we reject the defendant's jurisdictional argument and agree with the plaintiff that the court improperly rendered judgment in favor of the defendant. Accordingly, we reverse the judgment of the court.")