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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)

Citation
Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)
Parent Document
Commissioner of Banking v. Haynes, 76 Conn. App. 824 (2003)
Jurisdiction
Connecticut (state)
Effective Date
2003-05-20

Full Text

1,059 chars
FLYNN, J.
The defendant, Gloria Haynes (landlord), appeals from the judgment of the trial court enforcing the administrative order of the plaintiff banking commissioner (commissioner) ordering that she pay to her former tenant, Sanjay Gulati (tenant), $3600 for the return of a security deposit and assessed penalties. The landlord claims that the court improperly (1) ordered her to comply with the commissioner’s order, (2) concluded that the $900 paid to the rental agent was part of the tenant’s security deposit and (3) relied on parol evidence to vary the lease terms. We conclude that, although the court was without authority to conduct a de novo hearing because the landlord did not appeal from the administrative order pursuant to the Uniform Administrative Procedure Act (UAPA), codified in chapter 54 of the General Statutes at § 4-166 et seq., it nevertheless properly ordered the enforcement of the commissioner’s order and acted within its discretion in assessing an additional $900 penalty for the landlord’s failure to comply with said order.