TOV Realty, LLC v. Suarez

Summary

The Connecticut Supreme Court held that a trial court has inherent authority to stay a summary process action pending resolution of an administrative appeal from a fair rent commission decision involving the same premises. The court concluded that the commission’s determination of the proper rent could affect the merits of nonpayment and retaliation defenses and that the trial court did not abuse its discretion in granting the stay. The court declined to address constitutional challenges and the commission’s authority to issue a cease and desist order because those issues were not properly presented for review.

Holdings

1. The Superior Court has inherent authority to manage its docket by granting an appropriate prejudgment stay or continuance in a pending summary process action; the postjudgment stay statutes, General Statutes §§ 47a-35 and 47a-39, do not limit that authority, and no statute deprives the court of it.
2. The trial court did not abuse its discretion in staying the summary process action pending resolution of the administrative appeal.
3. A fair rent commission's ruling is relevant, at minimum as evidence, to whether a tenant has fulfilled the obligation to pay rent in a summary process action for nonpayment.
4. The court declined to reach the challenges to the commission's cease-and-desist authority and the constitutionality of the fair rent commission statutes.

Questions Presented

1. Whether the Superior Court had inherent or statutory authority to stay a prejudgment summary process action pending resolution of an administrative appeal from a fair rent commission decision.
2. Whether the trial court abused its discretion by staying the summary process action.
3. Whether the Hartford Fair Rent Commission had authority to order the landlord to cease and desist from bringing or to withdraw the summary process action.
4. Whether the fair rent commission statutes were unconstitutional or violated separation of powers.

Disposition

affirmed