Yankee Gas Services Co. v. DaSilva
Yankee Gas Services Co. v. DaSilva
Opinion of the Court
The respondents’
The respondents’ first claim misapplies a requirement of General Statutes § 16-262e (a) to General Statutes § 16-2621 Section 16-262e (a) prohibits a utility from terminating service to a residential property for nonpayment of a delinquent account when the account is billed to an owner, agent, manager or lessor of the property, rather than to the occupants or tenants of the dwelling. This statute prohibits termination unless the utility meets certain conditions; among them, the utility must show that it is impracticable for the occupants of the property to receive service in their own names. The statute clearly states, however, that if the above conditions cannot be met, a utility “may pursue the remedy provided in Section 16-2621” General Statutes § 16-262e (a) (2). Thus, General Statutes § 16-262e is but one remedy of those provided in §§ 16-262c through 16-262Í which a utility may elect to employ. See Southern Connecticut Gas Co. v. Housing Authority, 191 Conn. 514, 518-20, 468 A.2d 574 (1983).
Section 16-262f provides the utility with the option of applying for a receiver of rents or payments to settle arrears on a delinquent account.
The respondents’ second claim is equally without merit. A statute should be construed in an efficacious and constitutional manner to achieve its purposes. Moscone v. Manson, 185 Conn. 124, 128, 440 A.2d 848 (1981). General Statutes § 16-262Í imposes various duties on the court-appointed receiver that could not be performed without the cooperation and disclosure of certain information by the owner, agent, manager, or lessor of the premises under receivership. Section 16-262Í (d) imposes the threat of contempt on an owner, agent, lessor or manager who attempts to interfere with the receiver by attempting to collect rent. This duty of noninterference with the receiver implies a corresponding duty to cooperate and disclose information to the receiver to enable him to perform his statutory duties. We conclude that General Statutes § 16-262Í imposes a duty on any owner, agent, lessor or manager whose property is under court-ordered receivership reasonably to cooperate and disclose information to the receiver. This construction enables an effective receivership.
The judgments are affirmed as to the appointment of a receiver and reversed as to the finding of a lump sum arrearage, and the matter is remanded to the trial court for a hearing to determine the proper arrearage and statutory amounts owed by each property in each case and to order that each property be released from receivership when such judgment has been satisfied.
In this opinion the other judges concurred.
In Appellate Court case 9783 the named respondent is joined by DaSilva & Sons; in Appellate Court case 9784 the named respondent is joined by DaSilva & Sons, DaSilva and Sons, Inc., and Mrs. E. DaSilva, a/k/a Maria DaSilva.
General Statutes § 16-262Í (a) provides in pertinent part: “Upon default of the owner, agent, lessor or manager of a residential dwelling who is billed directly by an electric, gas, telephone or water company or by a municipal utility for utility service furnished to such building, such company or municipal utility may petition the superior court or a judge thereof, for appointment of a receiver of the rents or payments for use and occupancy for any dwelling for which the owner, agent, lessor or manager is in default. The court or judge shall forthwith issue an order to show cause why a receiver should not be appointed, which shall be served upon the owner, agent, les
Case-law data current through December 31, 2025. Source: CourtListener bulk data.