Connecticut General Statutes

Conn. Gen. Stat. § 21a-259 (2025)

(Formerly Sec. 19-466). Common nuisances. Receivership of rental housing property development

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(a) As used in this section, “rental housing property development” means any privately owned multifamily dwelling consisting of not less than six units which are not owner-occupied and which has at least one unit available for rent. Any store, shop, warehouse, dwelling house, building, rental housing property development, vehicle, boat, aircraft or any place whatever, other than as authorized by law, which is frequently resorted to by drug-dependent persons for the purpose of using controlled substances or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance.

(b) Any such rental housing property development deemed a common nuisance under subsection (a) of this section may be subject to an action for private receivership by the Chief State's Attorney, a deputy chief state's attorney, a state's attorney or an assistant or deputy assistant state's attorney on behalf of all the tenants occupying such development by applying to the superior court for the judicial district where the property is situated for an order requiring the owner and any mortgagees or lienors of record to show cause why a receiver of rents, issues and profits should not be appointed and why said receiver should not remove or remedy such common nuisance and obtain a lien in favor of such tenants, having priority with respect to all existing mortgages or liens, to secure payment of the costs incurred by the receiver in removing or remedying such common nuisance. Such application shall contain (A) proof by affidavit that an order of the proper authority has been issued and served on the owner, mortgagees and lienors; and (B) a plan to manage and operate such property following the appointment of a receiver of rents, issues and profits.

(1967, P.A. 555, S. 22; 1972, P.A. 278, S. 13; P.A. 97-161.)

History: 1972 act substituted “substances” for “drugs”; Sec. 19-466 transferred to Sec. 21a-259 in 1983; P.A. 97-161 designated existing provisions as Subsec. (a) and amended said Subsec. by defining “rental housing property development” and adding such entity to places deemed a common nuisance, and added new Subsec. (b) re procedure for the appointment of a receiver for a rental housing property development deemed a common nuisance.

Notes of Decisions
Cited in 2 cases, 2002–2013 · leading case: Blumenthal v. Barnes, 804 A.2d 152 (Conn. 2002).
Blumenthal v. Barnes, 804 A.2d 152 (Conn. 2002). · cites it 4× “Furthermore, General Statutes § 19a-346 23 authorizes state’s attorneys to institute an action to enjoin a public nuisance, and General Statutes § 21a-259 24 vests state’s attorneys with the *452 authority to institute an action for the appointment of a receiver of rents against…”
State v. Henderson, 60 A.3d 294 (Conn. App. Ct. 2013). “Nothing in this section shall prevent the state from also proceeding against property under section 21a-259 or 54-36h. *674 “(5) Unauthorized sale of alcoholic liquor under section 30-74 or disposing of liquor without a permit under section 30-77.”
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