PWH LLP v. Fore
A tenant who suffers from autism and receives Social Security disability benefits may not be evicted on the basis of lapse of time, pursuant to Connecticut General Statutes §47a-23c. The plaintiff, PWH LLP, alleged that the defendant, Monica Fore, signed a one-year lease on Sept. 24, 2010, and that the lease ended, and the plaintiff arranged to serve a notice to quit on the defendant on March 7, 2012. Fore moved to dismiss. The court found that Fore signed the lease with a prior owner. In May 2011, the lease was assigned to the plaintiff, when the plaintiff purchased the property from the prior owner. Although there was correspondence about a new proposed lease in March 2011, Fore failed to prove that another lease was signed. Fore also failed to prove that the plaintiff lacked a legal existence. The court found that the plaintiff arranged to file a certificate with the Secretary of the State in April 2011. Fore also argued that the plaintiff did not arrange to serve a notice to quit on her 21-year-old child, Kriston, and that Kriston could not be evicted based on lapse of time pursuant to Connecticut General Statutes §47a-23c, because he suffers from autism. The court found that the Fair Housing Act covers autism, and that Kriston received Social Security disability benefits and was entitled to the protection of C.G.S. §47a-23c. The court granted judgment to the defendant. "A complaint based on lapse of time," wrote the court, "is not one of the permitted exceptions under §47a-23c."