(a) Unless created to avoid the application of this chapter and sections
47a-21,
47a-23 to
47a-23b, inclusive,
47a-26 to
47a-26g, inclusive,
47a-35 to
47a-35b, inclusive,
47a-41a,
47a-43 and
47a-46, the following arrangements are not governed by this chapter and sections
47a-21,
47a-23 to
47a-23b, inclusive,
47a-26 to
47a-26g, inclusive,
47a-35 to
47a-35b, inclusive,
47a-41a,
47a-43 and
47a-46: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling or religious service, or any similar service; (2) occupancy under a contract of sale of a dwelling unit or the property of which such unit is a part, if the occupant is the purchaser or a person who succeeds to his interest; (3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of such organization; (4) transient occupancy in a hotel or motel or similar lodging; (5) occupancy by an owner of a condominium unit; and (6) occupancy by a personal care assistant or other person who is employed by a person with a disability to assist and support such disabled person with daily living activities or housekeeping chores and is provided dwelling space in the personal residence of such disabled person as a benefit or condition of such employment.
(b) Except as otherwise provided in chapter 412 or in this chapter, this chapter shall not apply to the rental of a space or lot in a mobile manufactured home park by a resident of a mobile manufactured home in such park who is also the owner of such mobile manufactured home. This chapter shall apply to the rental of a mobile manufactured home and premises in a mobile manufactured home park by a person other than the owner of such mobile manufactured home. Chapter 833a, except sections 47a-52, 47a-55, 47a-56i, 47a-56k and 47a-58 to 47a-61, inclusive, shall not apply to mobile manufactured home parks. Chapters 831, 832, 833 and 834, and the applicable parts of chapter 833a, shall apply to all residents of a mobile manufactured home park, including owners of mobile manufactured homes, except as otherwise provided in chapter 412.
(c) For the purposes of subdivision (4) of subsection (a) of this section and subdivision (4) of section 47a-36:
(1) Occupancy in a hotel, motel or similar lodging for less than thirty days is transient, except that such occupancy is not transient if the dwelling unit or room in such hotel, motel or lodging is occupied as the primary residence of the occupant from the beginning of such occupancy; and
(2) Occupancy in a hotel, motel or similar lodging for thirty days or more is not transient, except that such occupancy is transient if the dwelling unit or room in such hotel, motel or lodging is not occupied as the primary residence of the occupant and the occupancy is for less than ninety days.
(P.A. 76-95, S. 2, 27; 76-435, S. 75, 82; P.A. 79-571, S. 3; P.A. 91-383, S. 14; P.A. 98-61, S. 2; P.A. 02-30, S. 1; P.A. 03-278, S. 100.)
History: P.A. 76-435 revised effective date section of P.A. 76-95; P.A. 79-571 revised list of applicable sections; P.A. 91-383 added Subsec. (b) re applicability of landlord and tenant laws to residents and owners of mobile manufactured homes and to the rental of mobile manufactured home parks; P.A. 98-61 added Subsec. (a)(6) re occupancy by a personal care assistant or other person employed by a person with a disability to assist and support such disabled person with daily living activities or housekeeping chores; P.A. 02-30 added Subsec. (c) re transient occupancy in a hotel, motel or similar lodging; P.A. 03-278 made technical changes in Subsec. (a), effective July 9, 2003.
Cited. 190 C. 364.
Cited. 17 CA 1; 19 CA 483.
Cited. 38 CS 1; Id., 683.
Notes of Decisions
Fairfield Shores, LLC v. DeSalvo, 256 A.3d 716 (Conn. App. Ct. 2021).
· cites it 25× “On appeal, the defendants claim that the court improperly rendered judgment in favor of the plaintiff on the basis of its finding that the plaintiff was exempt, pursuant to General Statutes § 47a-2,2 from application of General Statutes (Rev.”
Oxford House at Yale v. Gilligan, 10 A.3d 52 (Conn. App. Ct. 2010).
· cites it 7× “1 On appeal, the *466 defendant claims that the court improperly (1) permitted the plaintiff to prevail on a claim that was not pleaded and that was introduced after the close of evidence, and (2) concluded that the plaintiff is exempt from the summary process statutes as a…”
Vidiaki, LLC v. Just Breakfast & Things!!! LLC, 33 A.3d 848 (Conn. App. Ct. 2012).
· cites it 4× “The plaintiff argues that if § 47a-11 were not meant to govern commercial tenancies, the legislature would explicitly have excluded commercial tenancies under General Statutes § 47a-2, the provision entitled, in part, “Arrangements exempted from application of title.”
Yarbrough v. Demirjian, 549 A.2d 283 (Conn. App. Ct. 1988).
· cites it 4× “On December 10,1986, the defendant was served with a notice to quit possession. In his special defenses to the action, the defendant maintained that he had entered the premises pursuant to the bond for deed, thereby precluding a summary process action under General Statutes §…”
Chipperini v. Crandall, 253 F. Supp. 2d 301 (D. Conn. 2003).
· cites it 3× “” Conn. Gen.Stat. § 47a-2(b) (emphasis added).”
Bourque v. Morris, 460 A.2d 1251 (Conn. 1983).
· cites it 3× “We agree with the trial court, however, that the plaintiff is not entitled to invoke § 47a-43 because the finding that he was a transient occupant of the hotel is adequately supported by the evidence, and, therefore, the exemption of General Statutes § 47a-2 2 is applicable.”
Chomko v. Patmon, 563 A.2d 311 (Conn. App. Ct. 1989).
· cites it 2× “” The plaintiff seems to have overlooked, however, General Statutes § 47a-2 which provides that § 47a-23 does not apply to “occupancy under a contract of sale of a dwelling unit or the property of which such unit is a part, if the occupant is a purchaser or a person who succeeds…”
Thomas v. Lenhart, 444 A.2d 246 (Conn. Super. Ct. 1982).
· cites it 6× “” Therefore, a roomer who occupies a room as a dwelling unit is included under the statutory protection of summary process.”
Colonial Investors, LLC v. Furbush, 167 A.3d 987 (Conn. App. Ct. 2017).
· cites it 2× “The defendant, pursuant to Practice Book § 67-10, subsequently withdrew § 47a-4(a)(9) from her argument on the premise that General Statutes § 47a-2(b) excludes from § 47a-4(a)(9) mobile home owners who own their mobile homes but rent the lots on which the homes are situated.”
Wihbey v. Zoning Bd. of Appeals (Dissent), No. SC20839 (Conn. July 1, 2024).
“A (2023) (local laws and common real estate practices ‘‘treat stays of [thirty] days or less as transient rather than residential use’’). 6 It is not clear that the property was always rented to a family within the meaning of the 1994 regulations.”
Wihbey v. Zoning Bd. of Appeals (Dissent), No. SC20839 (Conn. Oct. 15, 2024).
“A (2023) (local laws and common real estate practices ‘‘treat stays of [thirty] days or less as transient rather than residential use’’). 6 It is not clear that the property was always rented to a family within the meaning of the 1994 regulations.”
Conn. Gen. Stat. § 47a-2(b): 2 cases
Colonial Investors, LLC v. Furbush, 167 A.3d 987 (Conn. App. Ct. 2017).
“The defendant, pursuant to Practice Book § 67-10, subsequently withdrew § 47a-4(a)(9) from her argument on the premise that General Statutes § 47a-2(b) excludes from § 47a-4(a)(9) mobile home owners who own their mobile homes but rent the lots on which the homes are situated.”
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