The Commission is authorized to carry out the provisions of the General Statutes (§ 47a-20) pertaining to prohibited retaliatory actions by landlords. This section prohibits retaliation for a tenant making a good faith (1) effort to bring the dwelling in compliance with state and local laws and regulations, including filing a complaint; (2) request for reasonable repairs; and (3) effort to require the landlord to meet his legal responsibilities. Retaliation is also prohibited following the notice of a municipal health or safety violation or if the tenant organizes or joins a tenants union.
(A) No landlord shall engage in retaliatory actions.
(B) In the initial notice scheduling a hearing or conciliation on a complaint, and in its notice of decision, the Commission shall include notice, in plain language, to all complainant and respondent parties that retaliatory actions against tenants are prohibited.
(C) Retaliatory actions by a landlord include but are not limited to the following:
(1) Engaging in any action prohibited by C.G.S. § 47a-20 or § 21-80a within six months after any event listed in such statutes, including but not limited to within six months after a party or parties has or have filed a complaint with the Commission.
(2) Refusing to renew the lease or other rental agreement of any party or parties, bringing an action or proceeding against any party or parties to recover possession of the dwelling unit, demanding an increase in rent from the party or parties, decreasing the services to which the party or parties has or have previously been entitled, verbally, physically or sexually harassing the party or parties because of the fielding of a complaint with the Commission or engaging in other protected activity as set forth in § 47a-20 of the Connecticut General Statutes.
(3) Engaging in any other action determined by the Commission, after a hearing, to constitute landlord retaliation as set forth in C.G.S. § 7-148d(b).
(D) Any party or parties who claims that his or her landlord has engaged in retaliatory action may file a notice of said claim with the Commission.
(E) It shall be an affirmative defense against a claim of retaliatory action when the landlord seeks to recover possession of the dwelling unit if:
(1) The party is using the dwelling for an illegal purpose.
(2) There is non-payment of rent by the party. Failure to pay a disputed rent increase is not a non-payment of rent.
(3) The landlord in good faith seeks to recover the dwelling unit for immediate use as his or her own abode.
(4) The conditions complained of were caused by the willful actions of the party or another person in the party's household or a person on the premises with the party's consent.
(5) The landlord seeks to recover possession of the dwelling unit on the basis of a notice to terminate a periodic tenancy previous to the tenant's complaint.
(F) It shall be an affirmative defense against a claim of retaliatory action when the landlord seeks an increase in rent if:
(1) The conditions complained of were caused by the lack of due care by the tenant or another person of his or her household or a person on the premises with his or her consent; or
(2) The landlord has become liable for a substantial increase in property taxes, or a substantial increase in other maintenance or operating costs not associated with his or her compliance with the complaint, not less than four months prior to the demand for an increase in rent, and the increase in rent does not exceed the prorated portion of the net increase in taxes or costs.
(G) Upon receipt of notice of a claim of retaliatory action, the Commission shall inform the landlord and shall investigate the claim. Within 15 days, the Commission shall convene a hearing after due notice to the tenant and the landlord for the purpose of determining whether the landlord has engaged in retaliatory action.
(H) Pending determination by the Commission, the Commission may order that the landlord maintain no action or proceeding against the party to recover possession of the dwelling unit, the landlord restore those services decreased by him or her to which the party was entitled, or the party continue to pay the rent required prior to the retaliatory action complained of.
(I) If, after a hearing, the Commission finds that the landlord has engaged in retaliatory action, it shall order the landlord to cease and desist from such actions. This cease-and-desist order may include, but is not limited to, the following provisions:
(1) That the landlord maintain no action against the party to recover possession of the dwelling unit or withdraw any action pending.
(2) That the landlord not increase the rent.
(3) That the rent be decreased or that it be increased in an amount the Commission determines fair and equitable.
(4) That the landlord restore the services to which the party was entitled.
(5) That the landlord cease and desist all verbal, physical or sexual harassment of the party.
(Ord. 320, passed 10-7-91; Am. Ord. 734, passed 1-17-23)