Godaire v. Wequonnoc Village Associates L.P.
A landlord is required to make repairs and to keep the premises in a habitable condition, pursuant to Connecticut General Statutes §47a-7. Allegedly, the plaintiff tenant, Raymond Godaire, complained to the defendant landlord and property manager that there were bedbugs in his apartment, and the defendants failed to take prompt, appropriate, remedial action. The plaintiff sued the defendants, alleging that they violated Connecticut General Statutes §47a-7. The statute provides, "A landlord shall . . . make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The plaintiff moved for summary judgment on his complaint. The defendants objected and argued that there were genuine issues of material fact with respect to whether arrangements made to treat the bedbug infection were reasonable. "In seeking summary judgment, it is the movant who has the burden of showing the nonexistence of any issue of fact," pursuant to Zielinski v. Kotsoris, a 2006 decision of the Connecticut Supreme Court. "[W]hether the defendants' actions in treating the infestation at the plaintiff's apartment met the standard of care under §47a-7," wrote the court, "constitutes a genuine issue of material fact." The court denied the plaintiff tenant's motion for summary judgment.