Sec. 47a-13. Failure of landlord to supply essential services. Tenant's remedies. - Connecticut Statutes

      Sec. 47a-13. Failure of landlord to supply essential services. Tenant's remedies. (a) If the landlord is required to supply heat, running water, hot water, electricity, gas or other essential service, and if the landlord fails to supply such essential service and the failure is not caused by conditions beyond the landlord's control, the tenant may give notice to the landlord specifying the breach and may elect to (1) procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct the actual and reasonable cost of such service from the rent; or (2) procure reasonable substitute housing during the period of the landlord's noncompliance if the landlord fails to supply such service within two business days of such breach, except if the breach is the failure to provide the same service and such breach recurs within six months, the tenant may secure substitute housing immediately; or (3) if the failure to supply such service is wilful, the tenant may terminate the rental agreement and recover an amount not more than two months' periodic rent or double the actual damages sustained by him, whichever is greater. If the rental agreement is terminated, the landlord shall return all security and prepaid rent and interest required pursuant to section 47a-22, recoverable under section 47a-21.

      (b) If the tenant elects to procure substitute housing as provided in subdivision (2) of subsection (a) of this section, rent otherwise owed to the landlord shall abate for the period of the landlord's noncompliance. In addition, the tenant may recover the actual costs of such substitute housing, but in no event shall the tenant recover more than an amount equal to the amount of rent abated under this subsection. In any cause of action or defense to any action arising under subsection (a) of this section, the tenant may recover reasonable attorney's fees.

      (c) Rights of the tenant under this section do not arise (1) until the tenant has given reasonable written or oral notice to the landlord or (2) if the condition was caused by the wilful or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.

      (d) For the purposes of this section, "tenant" includes each resident of a mobile manufactured home park, as defined in section 21-64, including a resident who owns his own home, and "landlord" includes a "licensee" and an "owner" of a mobile manufactured home park, as defined in section 21-64.

      (P.A. 76-95, S. 13, 27; 76-435, S. 75, 82; P.A. 79-571, S. 27; P.A. 91-383, S. 15.)

      History: P.A. 76-435 changed effective date section of P.A. 76-95, see history for Sec. 47a-1; P.A. 79-571 substituted "the" for "such" in Subsec. (a) where appearing; P.A. 91-383 added Subsec. (d) defining "tenant" and "landlord".

      See Secs. 16-262c to 16-262h, inclusive, re termination of utility service for nonpayment generally.

      Cited. 217 C. 57.

      Cited. 30 CA 199. Cited 31 CA 359. Cited. 32 CA 133. Cited. 45 CA 46.

      Cited. 37 CS 873. Cited. 38 CS 683. Court concluded that recovery of personal injury damages under section is neither consistent with the overall statutory scheme nor supported by legislative history. Cited. 44 CS 544.

      Subsec. (b):

      Cited. 10 CA 22.