Housing Authority v. Cyr, 234 Conn. App. 527 (2025)

Citation: Housing Authority v. Cyr, 234 Conn. App. 527 (2025)
Parent Document: Housing Authority v. Cyr, 234 Conn. App. 527 (2025)
Jurisdiction: Connecticut (state)
Effective Date: 2025-08-26
Original Source: https://www.courtlistener.com/opinion/10659980/housing-authority-v-cyr/ ↗

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failure to require other persons on the premises with
         the defendant’s consent to conduct themselves in a
         manner that will not disturb the neighbors’ peaceful
         enjoyment of the premises or commit violations of the
         lease. The conduct set forth in the March, 2023 Kapa
         notice was alleged to have occurred in 2022 and
         included: (1) the defendant’s June, 2022 arrest for
         breach of the peace in the second degree, use of drug
         paraphernalia, and assault in the third degree; (2) the
         defendant’s use of illegal narcotics in the premises,
         which resulted in his near overdose; (3) the defendant’s
         permitting another individual to consume narcotics in
         the premises; (4) the defendant’s March, 2022 threaten-
         ing statement to a neighbor; (5) the defendant’s con-
         duct, and his granting permission to those in the prem-
         ises with his consent, to act in a manner that would
         disturb his neighbors’ peaceful enjoyment or constitute
         violations of the lease; (6) the defendant’s permitting
         unauthorized occupants to reside in the premises; (7)
         the defendant’s September, 2022 arrest for breach of
         the peace in the second degree and threatening in the
         second degree; and (8) the defendant’s November, 2022
         arrest for violating the condition of release in the first
         degree. The Kapa notice further provided that, assum-
         ing such violations were subject to cure,8 the defendant
         was required to do so by March 28, 2023.9 Thereafter,
         member of the tenant’s household pursuant to subsection (c) of section
         47a-26h for serious nuisance by using the premises for the illegal sale of
         drugs, not permit such person to resume occupancy of the dwelling unit,
         except with the consent of the landlord.’’
             8
               We note that not all alleged violations are subject to cure. See, e.g.,
         Housing Authority v. Harris, 225 Conn. 600, 606, 625 A.2d 816 (1993)
         (‘‘[a]lthough removing the person who sold drugs from the apartment will
         eliminate the cause of the nuisance, it cannot eliminate any effects of the
         drug sale that have already occurred’’); Housing Authority v. Brown, 129
         Conn. App. 313, 321–22, 19 A.3d 252 (2011) (legislature did not intend to
         create ability to ‘‘repair’’ drug related criminal activity with respect to
         § 47a-15).
             9
               See footnote 5 of this opinion.
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