§ 966

Citation: § 966
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/ ↗
Full Text

3,172 chars
mination notice before commencing a summary process
          action.’’ (Footnotes added.) Housing Authority v. Mar-
          tin, supra, 95 Conn. App. 808.
            In his brief to this court, the defendant asserts, with-
          out citation to the record, that the plaintiff is a federally
          subsidized landlord. He then states that the plaintiff is
          therefore required to comply with the requirements of
          42 U.S.C. § 1437 (l) and 24 C.F.R. § 966.4 (l) (3). Pursuant
          to this federal authority, the defendant contends that
          the plaintiff was required to notify him of his right to
          a grievance hearing in accordance with the plaintiff’s
          grievance procedures when such a hearing is required.
          See 24 C.F.R. § 966.4 (l) (3) (ii) (2023). Additionally, he
          argues that, if such a hearing was not required and the
          defendant had decided to exclude a grievance concern-
          ing termination of the lease under its procedures, then
            15
                Section 966.4 (3) of title 24 of the Code of Federal Regulations provides
          in relevant part: ‘‘(iii) A notice to vacate which is required by State or local
          law may be combined with, or run concurrently with, a notice of lease
          termination under paragraph (l) (3) (i) of this section.
             ‘‘(iv) When the [public housing authority (PHA)] is required to afford
          the tenant the opportunity for a hearing under the PHA grievance procedure
          for a grievance concerning the lease termination (see § 966.51 (a) (1)), the
          tenancy shall not terminate (even if any notice to vacate under State or
          local law has expired) until the time for the tenant to request a grievance
          hearing has expired, and (if a hearing was timely requested by the tenant)
          the grievance process has been completed.
             ‘‘(v) When the PHA is not required to afford the tenant the opportunity
          for a hearing under the PHA administrative grievance procedure for a
          grievance concerning the lease termination (see § 966.51 (a) (2)), and
          the PHA has decided to exclude such grievance from the PHA grievance
          procedure, the notice of lease termination under paragraph (l) (3) (i) of
          this section shall: (A) State that the tenant is not entitled to a grievance
          hearing on the termination. (B) Specify the judicial eviction procedure to
          be used by the PHA for eviction of the tenant, and state that [Department of
          Housing and Urban Development (HUD)] has determined that this eviction
          procedure provides the opportunity for a hearing in court that contains
          the basic elements of due process as defined in HUD regulations. (C) State
          whether the eviction is for a criminal activity as described in § 966.51 (a)
          (2) (i) (A) or for a drug-related criminal activity as described in § 966.51
          (a) (2) (i) (B).’’ (Emphasis added.)
0, 0                          CONNECTICUT LAW JOURNAL                                         Page 25
Other Sections in This Document (68)

Full Text
