Opinion
No. 21-17772
October 29, 2009
MEMORANDUM OF DECISION
On October 22, 2009, trial was held in this summary process action seeking possession of premises located at Unit 105, 35 Pleasant View Street, Jewett City. The following facts have been established by a fair preponderance of the evidence.
The defendant, Michael Gleason, was provided use of Unit 105 as a condition and benefit of his employment with the plaintiff, Perennial Housing Associates Ltd. Partnership. On August 3, 2009, the plaintiff terminated the defendant's employment and gave him until September 2, 2009 to vacate the unit. When the defendant failed to vacate the unit, the plaintiff served a notice to quit upon him, demanding him to vacate on or before September 13, 2009. The summary process action followed and the defendant continues to occupy the unit without right or privilege. C.G.S. § 47a-23.
The defendant does not dispute these facts but states he has no place to live. The court is mindful of the defendant's predicament but is constrained to follow the law. The court finds in favor of the plaintiff on Count One and Count Two of the complaint.
The court has considered the defendant's special defense of exception based upon age pursuant to C.G.S. § 47a-23c. The plaintiff claims this statute does not apply to this action as the defendant is an occupant, not a tenant, C.G.S. § 47a-1(1). The court does not agree that C.G.S. § 47a-23c is inapplicable.
In O'Brien Properties, Inc. v. Rodriguez, 215 Conn. 367 (1990), the Supreme Court held, "A tenancy at sufferance arises when a person who came into possession of land rightfully continues in possession wrongfully after his right thereto has terminated." (Internal quotation marks omitted.) Id. at 372. The court concluded that a tenant at sufferance is a tenant as defined by C.G.S. § 47a-1(1) and entitled to the protection of C.G.S. § 47a-23c. Id. at 372-73. In adherence to that holding, this court finds that the defendant is a tenant at sufferance and entitled to consideration of his special defense of exception based upon age pursuant to C.G.S. § 47a-23c.
Upon review of the exceptions set forth in C.G.S. § 47a-23c(b)(1), the court notes that the defendant has not paid any monies either as rent or use and occupancy since he was served with the notice to quit which rendered him a tenant at sufferance. In addition, the defendant testified that he was unable to come to terms about any future lease agreement with the plaintiff. Therefore, this court finds that the plaintiff has proved valid exceptions to the defendant's special defense of C.G.S. § 47a-23c by a fair preponderance of the evidence.
Judgment of possession is awarded to the plaintiff. Pursuant to the equitable powers of the court, execution of the judgment is stayed until November 15, 2009. No further stay of execution may be sought by the defendant.
So ordered.