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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (68)

Full Text

2,423 chars
on April 18, 2023, the plaintiff served the defendant
       with a notice to quit possession for conduct in violation
       of the lease agreement, the plaintiff’s rules and regula-
       tions, and the defendant’s statutory obligations as a
       tenant pursuant to § 47a-11, as well as for conduct con-
       stituting a nuisance pursuant to § 47a-32, and/or serious
       nuisance pursuant to § 47a-15. The notice to quit reas-
       serted the eight instances of conduct that had been
       listed in the Kapa notice as the reasons for the termina-
       tion of the lease, and added the following: (1) the defen-
       dant’s (and others on the premises with his consent)
       breaking of windows that occurred most recently in
       April, 2023; (2) the defendant’s April, 2023 threat to
       harm his neighbor physically; (3) the use of the premises
       by John Doe and Jane Doe, who once may have had
       the right or privilege to so do, but such right or privilege
       has terminated; and (4) the use of the premises by John
       Doe and Jane Doe who never had the right or privilege
       to do so. The notice to quit also contained the following
       language: ‘‘The tenant has the following: (a) the right
       to reply to this [notice to quit]; (b) the right to inspect
       the file; and (c) the right to a grievance, if appro-
       priate. . . .’’
          The defendant did not quit possession. The plaintiff
       then served the defendant with a summary process
       summons and complaint on June 16, 2023, seeking imme-
       diate possession of the premises. Three of the five
       counts were directed against the defendant10 and
       alleged violations of a tenant’s responsibilities pursuant
       to § 47a-11, lease violations, and nuisance.
         On July 31, 2023, the defendant filed a motion to
       dismiss the complaint, along with a memorandum of
       law. See Practice Book § 10-30.11 Specifically, he argued
         10
            Counts three and four of the complaint were directed against the Doe
       defendants. See footnote 1 of this opinion.
         11
            Practice Book § 10-30 (a) provides in relevant part: ‘‘A motion to dismiss
       shall be used to assert: (1) lack of jurisdiction over the subject matter . . . .’’
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