Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)

Citation: Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Parent Document: Boccanfuso v. Daghoghi, 337 Conn. 228 (2020)
Jurisdiction: Connecticut (state)
Effective Date: 2020-09-30
Original Source: https://www.courtlistener.com/opinion/4900130/boccanfuso-v-daghoghi/ ↗

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grossly disproportionate as it is in this case’’). Without
foreclosing the likelihood that this question may not
be susceptible to a categorical answer applicable to
all cases and all circumstances, we have no difficulty
answering it in the affirmative in the present case, on
this record, given the trial court’s finding that the defen-
dants’ purported reason for withholding rent—their
concerns about environmental contamination—was
‘‘pretextual.’’ ‘‘A court of equity will apply the doctrine
of clean hands to a tenant seeking . . . equitable relief;
thus, a tenant whose breach was [wilful] or grossly
negligent will not be entitled to relief.’’ (Internal quota-
tion marks omitted.) Id., 67; see also Fairchild Heights,
Inc. v. Dickal, 118 Conn. App. 163, 178–79, 983 A.2d 35
(2009) (denying tenants equitable relief from forfeiture
because of unclean hands), aff’d, 305 Conn. 488, 45 A.3d
627 (2012). It is axiomatic that, ‘‘[when] a [party] seeks
equitable relief, he must show that his conduct has been
fair, equitable and honest as to the particular controversy
in issue.’’ (Internal quotation marks omitted.) Thomp-
son v. Orcutt, 257 Conn. 301, 310, 777 A.2d 670 (2001).
Withholding rent on pretextual grounds is outside the
bounds of the ‘‘fair, equitable and honest’’ conduct
expected of a party seeking equitable relief. (Internal
quotation marks omitted.) Id. Because the defendants
intentionally withheld rent on pretextual grounds in the
absence of any good faith dispute over the terms of the
lease, it was within the trial court’s equitable discretion
to determine that the defendants acted wilfully and
were ineligible for equitable relief from forfeiture. See
2 S. Symons, Pomeroy’s Equity Jurisprudence (5th Ed.
1941) § 452, pp. 287–88 (‘‘While a defaulting party may
thus acquire a right to the equitable relief from the
conduct of the other party, he may also lose the right,
which otherwise would have existed, as a consequence
of his own conduct. . . . He who asks help from a
court of equity must himself be free from inequitable
conduct with respect to the same [subject matter].’’).
Page 20 CONNECTICUT LAW JOURNAL July 20, 2021

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