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Summary Process Eviction Answer To Complaint JD-HM-5 - Connecticut
| Summary Process Eviction Answer To Complaint Form. This is a Connecticut form and can be used in Housing Statewide . |
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SUMMARY PROCESS (EVICTION) ANSWER TO COMPLAINT JD-HM-5 Rev. 10-12 C.G.S. Sec. 47a-4a, 47a-5, 47a-7, 47a-20, 47a-23c, 47a-33, 47a-57 Name of Plaintiff(s) (Landlord(s)) STATE OF CONNECTICUT Docket number SUPERIOR COURT www.jud.ct.gov Return date Name of Defendant(s) (Tenant(s)) Judicial District Housing Session Geographical Area Number Address of Court (Number, street, and town) at: Section 1 -- Summary Process (Eviction) Answer (This section does not apply to Special Defenses below) For each numbered paragraph of the landlord's Complaint, please "x" whether you Agree, Disagree or Do Not Know. 1. Agree Disagree Do Not Know 5. Agree Disagree Do Not Know 2. Agree Disagree Do Not Know 6. Agree Disagree Do Not Know 3. Agree Disagree Do Not Know 7. Agree Disagree Do Not Know 4. Agree Disagree Do Not Know 8. Agree Disagree Do Not Know Section 2 -- Special Defenses "x" the boxes next to the statements below that apply to you and fill in the information requested. 1. All rent has been paid to my landlord. 2. Rent was offered to my landlord on (date): which was before the date I received the Notice to Quit. 3. No rent is due, under Connecticut Law (section 47a-4a of the Connecticut General Statutes) because there are housing or health code violations in violation of Connecticut Law (Section 47a-7(a) of the Connecticut General Statutes). List violations below. 4. I notified my landlord, Housing Code, the Health Department, or the Building Department of the violations listed in number 3 above on (date): 5. This eviction is being brought because I contacted my landlord or public officials or agencies to complain about my apartment (Sections 47a-20 and 47a-33 of the Connecticut General Statutes). 6. I filed a rent increase complaint with the Fair Rent Commission on (date): 7. I live in a building or complex with 5 units or more or in a mobile manufactured home park and I have a physical or mental disability, or I am 62 years old or older, or my spouse, sibling, parent or grandparent is 62 years old or older and permanently lives with me, or my spouse, sibling, parent or grandparent has a physical or mental disability and permanently lives with me. (Section 47a-23a of the Connecticut General Statutes.) 8. (See Notice on back/page 2 of this form) This eviction was brought after a foreclosure action, and I have a written lease that is still in effect or I never received a 90 day letter (notice) before the notice to quit was delivered (served). Additional Information: Defendant's (Tenant's) Certification I certify that a copy of this document was mailed or delivered electronically or non-electronically on (date) to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery. Name and address of each party and attorney that copy was mailed or delivered to* *If necessary, attach additional sheet or sheets with name and address which the copy was mailed or delivered to. (Use form JD-CV-67, Continuation of Parties) Signed (Individual attorney or self-represented party) Mailing address Print or type name of person signing Telephone number Distribution : Original - Court File Copy 1 - Plaintiff (Landlord) or Attorney Copy 2 - Defendant (Tenant) American LegalNet, Inc. www.FormsWorkFlow.com Notice The Protecting Tenants at Foreclosure Act provides that: (a) In General -- In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after May 20, 2009, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to -- (1) the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure -- (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1), except that nothing under this section shall affect the requirements for termination of any federal- or state-subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants. (b) Bond Fide Lease or Tenancy -- For purposes of this section, a lease or tenancy shall be considered bona fide only if -- (1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a Federal, State, or local subsidy. (c) Definition -- For purposes of this section, the term "federally-related mortgage loan" has the same meaning as in the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602 (1)). The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA. JD-HM-5 Rev. 10-12 (back/page2) American LegalNet, Inc. www.FormsWorkFlow.com
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