Sec. 47a-35a. Appeal. Determination of rent to be paid during pendency of appeal. Rent to be paid into court.
380 words·~2 min read·
/ct/title-47a/chapter-832-summary-process/47a-35a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.