LANDLORD AND TENANT - DISABILITY TO RECOVER RENT FOR FAILURE TO COMPLY WITH TENEMENT LAW

Authors

Theodore R. Vogt, University of Michigan Law SchoolFollow

Abstract

A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained therefor." Plaintiff was the assignee of rents from a building within the scope of the statute. The building complied with all the provisions of the statute relating to its construction, but no application was ever made for a certificate to that effect nor was one ever issued as required by section 2592. Defendant leased an apartment for one year and paid the rent for nine months; this action was for the recovery of the rent for the last three months. Held, plaintiff may not recover. Second National Bank of New Haven v. Loftus, 121 Conn. 454, 185 A. 423 (1936).

Recommended Citation

Theodore R. Vogt, LANDLORD AND TENANT - DISABILITY TO RECOVER RENT FOR FAILURE TO COMPLY WITH TENEMENT LAW, 35 Mich. L. Rev. 1183 (1937).
Available at: https://repository.law.umich.edu/mlr/vol35/iss7/19