§ 47a-26h — Persons bound by judgment. Notice. Exemption.

Connecticut § 47a-26h

• Jurisdiction: Connecticut
• Title 47a: Landlord and Tenant
• Ch. 832: Summary Process

Text

(a) A summary process judgment shall bind (1) the named defendants and any minors holding under them; (2) any occupant who first commenced occupancy of the premises after service of the notice to quit upon which the summary process action was based, unless such occupancy was commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff; (3) if the plaintiff has properly named and served each occupant whose presence is known with a notice to quit and a writ, summons and complaint in accordance with the provisions of sections 47a-23 and 47a-23a, any occupant who first commenced occupancy of the premises prior to service of the notice to quit and (A) who the plaintiff and his agents did not know was in occupancy of the premises, or (B) of whose presence the plaintiff or his agent knew but whose name they did not know. If a minor, who is or will be bound by a summary process judgment under subdivision (1) of this subsection, is named in a summary process complaint, the court, upon motion of any party or upon its own motion, may order the name of such minor to be stricken from the record of the action and the clerk shall remove or arrange for the removal of such minor's name from the record of the case maintained on the Internet web site of the Judicial Branch. (b) Upon entry of judgment, the clerk shall mail a notice of judgment to all defendants against whom judgment was rendered. Such notice shall be addressed to the named defendants and any other current occupants and shall contain the names of all defendants against whom judgment was entered, the date of judgment and notice of the right to apply for a stay of execution. The notice shall be on a form prescribed by the Office of the Chief Court Administrator, shall be in clear and simple language and in readable format, and shall include a conspicuous notice to all occupants not named in the judgment, in large boldface type, that any such occupant who claims to have a right to continue to occupy the premises should promptly complete and file with the clerk of the court a claim of exemption from the judgment. If no such notice would otherwise be sent to the premises, an additional notice shall be sent to the premises, addressed to the named defendants “or any other current occupants”. (c) Any occupant not named in the action who claims not to be subject to the summary process action because his occupancy commenced prior to service of the notice to quit or his occupancy commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff may, at any time before or after judgment but prior to issuance of an execution, file under oath a claim of exemption from such action. The Office of the Chief Court Administrator shall prescribe a form upon which such claim can be made, which form shall be in clear and simple language and in readable format. Upon the filing of such a claim, the clerk shall schedule a hearing, which shall be held not more than seven days after the date of filing. Execution shall not issue until the court renders its decision on the claim. The claimant shall have the burden of proof to show that his occupancy commenced prior to service of the notice to quit or that his occupancy was commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff. The burden of proof shall be upon the plaintiff to show that he did not know of the presence of the occupant or the name of the occupant, as the case may be. For purposes of this chapter, if rent or use and occupancy payments have been made to the plaintiff or his agent by the occupant, the plaintiff shall be deemed to have known of the presence and the name of the occupant. The court shall determine whether the claimant is bound by the action and, if the court finds that the claimant is not bound, it shall declare the claimant to be exempt from the action. In order to obtain a judgment for possession of the premises as part of such action the plaintiff shall serve the previously exempt occupant with a notice to quit possession pursuant to section 47a-23 . If the occupant is still in possession after the date to quit possession has passed, the plaintiff shall serve the occupant with an amended writ, summons and complaint adding the occupant as a party defendant to such action of summary process. Any occupant not exempt from the action shall have the same rights and obligations as a named defendant and shall be bound by any judgment. Notwithstanding the provisions of sections 47a-42 and 47a-42a , no summary process execution shall be issued or enforced unless valid execution has been issued against all occupants of the premises, except that such execution may be issued and enforced, without issuing or enforcing execution against other occupants, upon a person against whom a judgment has been entered based upon that person's having conducted himself in a manner which constitutes a serious nuisance by using the premises or any area within fifteen hundred feet of any housing authority property in which such person resides for the illegal sale of drugs, as defined in subparagraph (D) of section 47a-15 . (d) Nothing in this section shall in any way limit other remedies available in law or equity to any person, including remedies available after issuance of an execution.

Legislative History

(P.A. 87-507, S. 3; P.A. 89-254, S. 10; P.A. 92-171, S. 6; P.A. 95-247, S. 3; P.A. 97-231, S. 6; P.A. 12-133, S. 5; P.A. 16-67, S. 10.) History: P.A. 89-254 amended Subsec. (b) to provide that the form be prescribed by the office of the chief court administrator rather than by the judicial department and that the notice include a conspicuous notice to “all occupants not named in the judgment” rather than to “occupants”, amended Subsec. (c) to replace “Any person who claims not to be subject to a summary process judgment” with “Any occupant not named in the action who claims not to be subject to the summary process action because his occupancy commenced prior to service of the notice to quit or his occupancy commenced or continued with the consent of the plaintiff or under a right to occupy equal or superior to the rights of the plaintiff”, to replace references to “judgment” with “action”, to provide that the exemption claim form shall be prescribed by the office of the chief court administrator rather than the judicial department, to replace “If the claimant is a person not named in the judgment, the burden of proof shall be on the occupant” with “The claimant shall have the burden of proof”, to add provisions requiring the plaintiff in order to obtain a judgment for possession of the premises as part of such action to serve the previously exempt occupant with a notice to quit possession and, if the occupant is still in possession after the date to quit possession has passed, to serve the occupant with an amended writ, summons and complaint adding the occupant as a party defendant to such action, to provide that any “occupant” not exempt from the action shall have the same “obligations” as a named defendant and “shall be bound by any judgment”, and to add exception for the issuance and enforcement of an execution against a person who used the premises for the illegal sale of drugs; P.A. 92-171 amended Subsec. (a) to delete the provision that required the plaintiff, in order for the judgment to bind an occupant who first commenced occupancy prior to service of the notice to quit, to exercise reasonable diligence to discover the presence of an occupant or, if the presence of the occupant is known, to exercise reasonable diligence to discover the name of the occupant; P.A. 95-247 amended Subsec. (c) to delete provision placing burden of proof on the plaintiff to show that he “in the exercise of reasonable diligence could not have discovered” the presence or name of the occupant, reflecting deletion of same language in Subsec. (a) by P.A. 92-171; P.A. 97-231 amended Subsec. (c) to add exception for issuance and enforcement of execution upon a person who used any area within 1,500 feet of any housing authority property in which such person resides for the illegal sale of drugs; P.A. 12-133 amended Subsec. (c) by adding reference to Sec. 47a-42a; P.A. 16-67 amended Subsec. (a) by adding provision re striking a minor's name from the record. Cited. 225 C. 600. Cited. 21 CA 40; 40 CA 30.