Justia Landlord - Tenant Opinion Summaries

In this summary process action, the trial court relied on the “spirit” of certain federal disability laws in support of an equitable defense to the eviction of Defendant, a tenant who kept an “emotional support dog” in her federally subsidized rental apartment despite a clause restricting pets that was included in her lease. Plaintiff appealed from the trial court’s judgment in favor of Defendant. The Supreme Court reversed, holding (1) this appeal was not rendered moot when Plaintiff commenced an ancillary summary process action against Defendant, the filing of which had the effect of affirmatively reinstating Defendant’s tenancy; and (2) the trial court abused its discretion by relying on the spirit of the federal regulations and by applying the doctrine of equitable nonforfeiture to support its equitable decision in favor of Defendant. View "Presidential Village, LLC v. Phillips" on Justia Law

Grievant, a state employee and a member of a Union, was terminated after he was caught smoking marijuana. The Union contested Grievant’s termination. Concluding that complete termination of Grievant’s conduct was not the only appropriate penalty for his misconduct, an arbitrator reinstated Grievant to his employment and imposed a number of sanctions and conditions short of termination. The trial court vacated the award, concluding that there was a well-defined public policy against the use of marijuana and that the arbitrator’s award violated that policy. The Supreme Court reversed, holding that the trial court erred in concluding that reinstatement of the Grievant violated public policy. View "State v. Conn. Employees Union Indep." on Justia Law