(a) When any appeal is taken by the defendant occupying a dwelling unit in an action of summary process, the chief clerk of the Appellate Court, or the chief clerk's designee, shall transmit notice of the pendency of the appeal to the Superior Court that rendered the judgment that is the subject of the appeal. Upon receipt of the notice of the pendency of such appeal, the Superior Court shall schedule and conduct a hearing to guarantee payment for all rents that may accrue during the pendency of such appeal. The Superior Court shall schedule and conduct such hearing not later than fourteen days after the date of receiving notice of the pendency of such appeal. After conducting such hearing the Superior Court may order the defendant to deposit with the court (1) an amount equal to the defendant's portion of the last-agreed upon rent, or (2) where no lease had existed, an amount equal to the reasonable value for such use and occupancy that may so accrue. After hearing thereon, the court shall order the defendant to deposit with the court payments for the reasonable fair rental value of the use and occupancy of the premises during the pendency of such appeal accruing from the date of such order. Such order shall permit the payment of such amount in monthly installments, as it becomes due. If all or a portion of the defendant's rent is being paid to the plaintiff by a housing authority, municipality, state agency or similar entity, this requirement shall be satisfied if the defendant deposits with the court an amount equal to the defendant's portion of the rent.
(b) In any other appeal the court on its own motion or on motion of the parties, may fix a sufficient bond with surety to the adverse party in such amount as it may determine.
(c) When any appeal is taken by a plaintiff in an action of summary process, the court, upon motion of the plaintiff and after a hearing thereon, shall order the defendant to deposit with the court payments in monthly installments, as each payment becomes due, for the reasonable fair rental value of the use and occupancy of the premises during the pendency of the appeal accruing from the date of such order.
(P.A. 79-571, S. 61; P.A. 89-254, S. 11; P.A. 93-209, S. 3; P.A. 24-108, S. 8.)
History: P.A. 89-254 amended Subsec. (a) to add provision that if all or a portion of the rent is being paid by certain third parties the defendant satisfies the requirement by depositing with the court an amount equal to his portion of the rent; P.A. 93-209 added Subsec. (c) requiring the defendant to deposit with the court monthly use and occupancy payments during the pendency of an appeal taken by the plaintiff; P.A. 24-108 substantially revised Subsec. (a) by replacing provision requiring defendant to give bond with surety to adverse party with provisions re Superior Court conducting hearing re rent to be deposited with court and paid during pendency of appeal and by making technical changes, effective July 1, 2024.
Where no lease existed and defendant made a motion to make payments for reasonable fair rental value of the property, an appeal bond is not required. 249 C. 482.
Cited. 5 CA 153; 29 CA 139; 40 CA 513. Defendants who occupy dwelling units and appeal summary process actions have affirmative duty to initiate process by which court sets amount of bond with security or establishes use and occupancy payments. 140 CA 383.
Cited. 38 CS 70.
Notes of Decisions
Cited in
22
cases (
6 in the last 5 years), 1984–2026 · leading case:
Young v. Young, 733 A.2d 835 (Conn. 1999).
Young v. Young, 733 A.2d 835 (Conn. 1999).
· cites it 12× “Second, we must determine whether the defendants’ failure to post a surety bond within five days of the entry of judgment, pursuant to General Statutes § 47a-35a, 2 provided a proper basis for dismissal of the defendants’ appeal.”
Scagnelli v. Donovan, 871 A.2d 1084 (Conn. App. Ct. 2005).
· cites it 10× “The defendants now move for permission to file an amended appeal from the court’s subsequent decision ordering them to make use and occupancy payments to the court in lieu of an appeal bond pursuant to General Statutes § 47a-35a (a). 1 Although the defendants moved for the…”
City of New Haven v. Konstandinidis, 612 A.2d 822 (Conn. App. Ct. 1992).
· cites it 4× “2 Subsequent to the filing of this appeal, the city filed a motion to set an appeal bond pursuant to General Statutes § 47a-35a (b). 3 In November, 1991, the trial court set a bond of $100,000.”
JPMorgan Chase Bank, Nat'l Assn. v. Essaghof, 336 Conn. 633 (Conn. 2020).
· cites it 2× “We are aware of no statutory or common-law authority that would authorize such a pendente lite order. Unlike in the sum- mary process context, in which the legislature has authorized courts to order use and occupancy payments during the pendency of an eviction action; see…”
Yankee Sailing Co. v. Yankee Harbor Marina, Inc., 497 A.2d 93 (Conn. App. Ct. 1985).
· cites it 3× “” General Statutes § 47a-35a provides: “(a) When any appeal is taken by the defendant occupying a dwelling unit as defined in section 47a-l in an action of summary process, he shall, within the period allowed for taking such appeal, give a bond with surety to the adverse party…”
Mastroianni v. Fairfield Cnty. Paving, LLC, 942 A.2d 418 (Conn. App. Ct. 2008).
· cites it 2× “See General Statutes § 47a-35a. Second, the referee’s findings that the defendants had “substantially complied with the terms of the lease” and that “[t]he terms of the lease were vague and ambiguous” are incompatible.”
Hud/Barbour-Waverly v. Wilson, 668 A.2d 1309 (Conn. 1995).
“If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay or unless the defendant fails to give bond, as provided in…”
Gray v. Coan (In Re Spiro), 305 B.R. 142 (Bankr. D. Conn. 2004).
· cites it 4× “The debtor challenged the applicability of Conn. Gen.Stat. § 47a-35b by claiming that Conn.”
Branhaven Assocs. v. Vitrom, Inc., 671 A.2d 858 (Conn. App. Ct. 1996).
· cites it 11× “The plaintiff in this summary process action moves to dismiss this appeal on the ground that the defendant did not post a bond as required by General Statutes § 47a-35a (a). 1 The sole issue is whether this particular bond requirement applies where premises are leased for use as…”
Second Injury Fund v. Lupachino, 695 A.2d 1072 (Conn. App. Ct. 1997).
“If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay or unless *334 the defendant fails to give bond, as…”
Hous. Auth. v. Parks, 211 Conn. App. 528 (Conn. App. Ct. 2022).
“If an appeal is taken within such period, execution shall be stayed until the final determination of the cause, unless it appears to the judge who tried the case that the appeal was taken solely for the purpose of delay or unless the defendant fails to give bond, as provided in…”
Purtill v. Cook, 197 Conn. App. 22 (Conn. App. Ct. 2020).
“Having failed to comply with the affirmative duty to provide security, as set forth in § 47a-35a, the stay of execution provided for in [that statute] does not apply.”
— Conn. Gen. Stat. § 47a-35a(a) — 1 case
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