Connecticut House Bill HB05159

Connecticut 2013 Regular Session

• Introduced: 1/10/13
• Refer: 1/10/13

Caption

An Act Concerning Revisions To Summary Process Procedures.

Impact

The proposed revisions would have significant implications for both landlords and tenants involved in summary process actions. One of the key provisions is that the failure of a defendant to make an escrow payment would terminate their right to assert any special defenses. This incentive mechanism is intended to encourage timely payments by defendants but has raised concerns about fairness and the potential for unjust evictions. The bill's aim to privilege nonpayment summary process actions for trial alleviates court backlogs and promotes quicker resolutions.

Summary

House Bill 05159 aims to streamline the summary process procedures related to eviction actions based on nonpayment of rent. The bill seeks to amend Chapter 832 of the general statutes to establish clearer regulations regarding the management of payments deposited with the court during pending summary process actions. This legislation is designed to ensure that these payments are placed in escrow accounts, which would introduce a structured way of handling financial disputes within these legal proceedings.

Contention

While supporters of the bill argue that it provides a necessary update to outdated procedures and protects landlords from prolonged nonpayment issues, critics contend that it risks disadvantaging defendants by limiting their ability to contest evictions. The requirement for ongoing escrow payments before the tenth day of the month and the inclusion of court fees could be burdensome for tenants who are already in financial distress. Additionally, the stipulation that evictions will apply to unnamed occupants, eliminating the need to name 'Jane and John Doe' as parties, raises questions regarding due process and tenant protections.