HUD/Willow Street Apartments v. Gonzalez

792 A.2d 165, 68 Conn. App. 638, 2002 Conn. App. LEXIS 144
CourtConnecticut Appellate Court
DecidedMarch 19, 2002
DocketAC 21328
StatusPublished
Cited by9 cases

This text of 792 A.2d 165 (HUD/Willow Street Apartments v. Gonzalez) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HUD/Willow Street Apartments v. Gonzalez, 792 A.2d 165, 68 Conn. App. 638, 2002 Conn. App. LEXIS 144 (Colo. Ct. App. 2002).

Opinion

Opinion

FLYNN, J.

The defendant1 in this summary process action, Margarita Gonzalez, appeals from the trial court’s judgment of possession in favor of the plaintiff, HUD/Willow Street Apartments. Resolution of this appeal requires us to construe two separate and distinct but similarly numbered statutes. The first statute we refer to, General Statutes § 47a-23, applies to evictions generally. The second, General Statutes § 47a-23c, sometimes called the “good cause” eviction statute, applies to evictions involving a protected class of tenants, namely, those who are elderly, blind or disabled and who reside in a building that consists of five or more dwelling units. The dispositive issue in this appeal is whether the owner of an apartment building may rely [640]*640on General Statutes § 47a-23 (a) (4) (B) as a valid reason for issuing a notice to quit possession to a tenant when the owner has neither alleged nor proved that the tenant whom it seeks to dispossess is a member of the class of tenants described in General Statutes § 47a-23c (a) (1). We answer that question in the negative and reverse the judgments of the trial court. We conclude that permanent removal of the rental unit from the housing market is not an authorized reason to dispossess a tenant under § 47a-23 (a) (4) (B) unless the eviction is commenced under the provisions of § 47a-23c, the “good cause” eviction statute, against an elderly, disabled or blind person residing in a building with five or more dwelling units.

The facts are not in dispute. The plaintiff, the owner of an apartment building located on Willow Street in New Britain, rented an apartment to the defendant.2 On February 2, 2000, the plaintiff caused a notice to quit to be served on the defendant. The notice to quit provided that the defendant was to quit possession of her apartment on or before February 29, 2000. The reason for the notice to quit was stated as follows, on the first line, “Termination of lease” and on the line beneath that, “Building to be demolished.” When the defendant failed to vacate the premises within the time provided, the plaintiff instituted a summary process action against the defendant pursuant to General Statutes § 47a-23a. In its complaint, the plaintiff alleged that the plaintiff and the defendant had entered into a written lease and that pursuant to the terms of the lease, the plaintiff could terminate the lease at any time and on any ground. The plaintiff further alleged that although a notice to quit had been served upon the defendant, she had failed to vacate the premises on or before the date provided [641]*641in the notice and, accordingly, it was seeking a judgment for possession of the premises as well as costs.

On May 10, 2000, the defendant filed a motion to dismiss the action. She argued that the court lacked subject matter jurisdiction over the action because the plaintiff had failed to serve her with a valid notice to quit pursuant to § 47a-23. Specifically, she argued that because service of a valid notice to quit is a condition precedent to the commencement of a summary process action and because the notice that the plaintiff caused to be served upon her was invalid, the court lacked subject matter jurisdiction over the action and, therefore, the action should be dismissed.

The plaintiff opposed the motion to dismiss, arguing that the notice to quit was valid pursuant to § 47a-23 (a) (4), the general eviction statute, which authorizes a landlord or owner to issue a notice to quit “when an action of summary process ... to dispossess a tenant is authorized under subsection (b) of section 47-23c . . . [due to the] (B) permanent removal by the landlord of the dwelling unit of such tenant from the housing market . . . .’’It argued that because the language that it used in the notice to quit, “Building to be demolished,” simply means that the dwelling unit is to be removed permanently from the housing market, it had complied with the statutory requirements for issuing a valid notice to quit and, therefore, the motion to dismiss should be denied.3

The motion, which was not argued before the court but was, instead, submitted “on the papers,” was denied by the court, Tanzer, J. Although the court did not file a memorandum of decision, the record reveals that the court’s reason for denying the motion to dismiss was: [642]*642“The reason stated in the Notice to Quit—‘building to be demolished’ is of and uses words of similar import to those in General Statutes § 47a-23’—permanent removal from the housing market.”

Thereafter, the defendant filed an answer to the plaintiffs complaint in which she denied that she had entered into a written lease with the plaintiff. A written lease, if one existed, was not made a part of the record for purposes of this appeal. The defendant also filed a special defense. The special defense contained essentially the same allegations that formed the basis of the defendant’s motion to dismiss, namely, that because the plaintiff had failed to serve her with a valid notice to quit, which is a condition precedent to maintaining an action for summary process, the court lacked subject matter jurisdiction and the action should be dismissed.

The case was set down for trial on October 18, 2000. Again, the defendant raised the issue of lack of subject matter jurisdiction. At trial, the court, Crawford, J., gave the defendant the opportunity to reargue the jurisdictional issue, which it treated as a second motion to dismiss. After argument, the court denied the defendant’s motion and rendered judgments of possession in favor of the plaintiff. This appeal followed.

On appeal, the defendant claims that the plaintiffs notice to quit was invalid because the reason that the notice set forth, “Termination of lease, Building to be demolished,” is not one of the reasons set forth by § 47a-23 (a) for issuing a valid notice to quit possession and, therefore, that its action for summary process should have been dismissed because an invalid notice to quit cannot confer subject matter jurisdiction on the court.

Before turning to the merits of the issues raised on appeal, we review the law pertaining to summary process proceedings. “Summary process is a special statu[643]*643tory procedure designed to provide an expeditious remedy. ... It enable [s] landlords to obtain possession of leased premises without suffering the delay, loss and expense to which, under the common-law actions, they might be subjected by tenants wrongfully holding over their terms. . . . Summary process statutes secure a prompt hearing and final determination. . . . Therefore, the statutes relating to summary process must be narrowly construed and strictly followed.” (Citations omitted; internal quotation marks omitted.) Young v. Young, 249 Conn. 482, 487-88, 733 A.2d 835 (1999). “As a condition precedent to a summary process action, proper notice to quit is a jurisdictional necessity.” (Internal quotation marks omitted.) Federal Home Loan Mortgage Corp. v. Van Sickle, 52 Conn. App. 37, 44, 726 A.2d 600 (1999).

With these principles in mind, we turn to the issues raised in this appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
792 A.2d 165, 68 Conn. App. 638, 2002 Conn. App. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudwillow-street-apartments-v-gonzalez-connappct-2002.