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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action is possession of premises), cert. denied, 305
       Conn. 925, 47 A.3d 884 (2012); Oxford House at Yale
       v. Gilligan, 125 Conn. App. 464, 471, 10 A.3d 52 (2010)
       (summary process aimed at deciding simple question
       of who is entitled to possession). Guided by these prin-
       ciples, we turn to the specific arguments raised by the
       plaintiff in this appeal.
                                     A
          The plaintiff first argues that the court improperly
       determined that the Kapa notice was invalid because
       it alleged conduct that had occurred one year prior to
       its issuance. The defendant counters that the March 5,
       2023 Kapa notice contained ‘‘ ‘stale’ allegations’’ per-
       taining to conduct that had occurred in 2022, and, there-
       fore, the court properly concluded that the Kapa notice
       in the present matter did not satisfy the requirements
       of § 47a-15. We agree with the plaintiff.
          As an initial matter, we identify the relevant legal
       principles pertaining to a Kapa notice. ‘‘Pursuant to
       § 47a-15, before a landlord may proceed with a summary
       process action, except in those situations specifically
       excluded, the landlord must first deliver a [Kapa] notice
       to the tenant specifying the alleged violations and offer
       the tenant a . . . period to remedy. . . . The legisla-
       tive purpose [of a Kapa notice] is to discourage sum-
       mary evictions against first offenders . . . . Section
       47a-15 is separate from and preliminary to the main-
       tenance of a summary process action pursuant to . . .
       § 47a-23. . . .
          ‘‘The text of § 47a-15 is clear and unambiguous: Prior
       to the commencement of a summary process action
       . . . the landlord shall deliver a written notice to the
       tenant specifying the acts or omissions constituting the
       breach and that the rental agreement shall terminate
       upon a date not less than fifteen days after receipt of
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