If the landlord makes an entry prohibited by section
47a-16 or
47a-16a, or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees. The tenant may also obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.
(P.A. 79-571, S. 25; P.A. 89-254, S. 7.)
History: P.A. 89-254 restated provisions to clarify that the tenant does not have to obtain injunctive relief or terminate the rental agreement in order to recover actual damages.
Cited. 32 CA 133; 45 CA 46. Term “one month's rent” includes all rent payments made to the landlord, regardless of their source and therefore includes both tenant's portion and subsidized portion of rent payments made to the landlord; attorney's fees provision found in section is not limited to percentage of the award of damages; other factors relevant to reasonableness of an award of attorney's fees under statute include work performed by counsel, as documented by the attorney's affidavits, prevailing hourly rates or the award of attorney's fees in similar cases. 88 CA 193. Where damages awarded under section encompass the same conduct as for damages awarded pursuant to Sec. 47a-46, the sum for actual damages may not be included in the award pursuant to both this section and Sec. 47a-46. 89 CA 836.
Cited. 38 CS 683.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1997–2022 · leading case:
Rowe v. Goulet, 875 A.2d 564 (Conn. App. Ct. 2005).
Rowe v. Goulet, 875 A.2d 564 (Conn. App. Ct. 2005).
· cites it 14× “70 in damages and costs as follows: (1) $2483 in statutory damages pursuant to General Statutes § 47a-18a; (2) double damages in the amount of $4966 ($2483 doubled), pursuant to General Statutes § 47a-46; (3) damages for negligent infliction of emotional distress in the amount…”
Rodriguez v. Ancona, 868 A.2d 807 (Conn. App. Ct. 2005).
· cites it 17× “On appeal, the plaintiff claims that the court improperly awarded her (1) damages, pursuant to General Statutes § 47a-18a, 1 amounting to only one month of the plaintiffs portion of the subsidized rent and (2) attorney’s fees, pursuant to § 47a-18a, in the amount of 15 percent…”
Resurreccion v. Normandy Heights, LLC, 820 A.2d 1116 (Conn. App. Ct. 2003).
· cites it 7× “Trial commenced on August 15, 2001, and judgment was rendered for the plaintiff on count one, in the amount of $670, in accordance with General Statutes § 47a-18a, 2 and attorney’s fees in the amount of $3000.”
Tarka v. Filipovic, 694 A.2d 824 (Conn. App. Ct. 1997).
· cites it 2× “The plaintiff alleged (1) unauthorized entry in violation of General Statutes § 47a-16 (d) and damages in accordance with General Statutes § 47a-18a (count two), (2) theft under General Statutes §§ 52-564 and 53a-119 for items allegedly taken during the unauthorized entry and…”
Mention v. Kensington Square Apts., 280 A.3d 1195 (Conn. App. Ct. 2022).
· cites it 7× “’’ 11 General Statutes § 47a-16 provides in relevant part: ‘‘(c) A landlord shall not abuse the right of entry or use such right of entry to harass the tenant.”
Haslam-james v. Lawrence, 35 A.3d 368 (Conn. App. Ct. 2012).
· cites it 6× “The plaintiff claims that the court erred in (1) concluding that the defendant’s actions did not constitute an unlawful entry in violation of General Statutes § 47a-16 and thereby entitle her to damages under General Statutes § 47a-18a and (2) concluding that the defendant’s…”
State v. Manware, 963 A.2d 1012 (Conn. App. Ct. 2009).
· cites it 3× “The court then indicated that judicial relief was available to the complainant by way of a civil action under General Statutes § 47a-18a. The state filed a motion to reargue the decision of the court on November 20,2006, which the court denied.”
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