The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Supreme Court Opinion

by Christopher Roy

 

SC19562 - Shannon v. Commissioner of Housing ("The defendant, the Commissioner of Housing, administers the state rental assistance program (rental program), which, like the federal program operated pursuant to § 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f (section 8 program), provides "rental assistance for low-income families living in privately-owned rental housing." General Statutes (Supp. 2016) § 8-345 (a); see also, e.g., Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763, 769–70, 739 A.2d 238 (1999) (discussing section 8 program). In this appeal, we consider whether the defendant may terminate rental program assistance to a registered sex offender who had that status when he was admitted to the rental program prior to the promulgation of § 17b-812-13 (9) of the Regulations of Connecticut State Agencies, which makes sex offender registration a ground for termination or denial of rental program assistance. The plaintiff, Francis Shannon, appeals from the judgment of the trial court dismissing his administrative appeal from the decision of the defendant to terminate his rental program assistance. On appeal, the plaintiff claims, inter alia, that the trial court improperly concluded that the defendant's application of § 17b-812-13 (9) of the regulations was not retroactive and, thus, did not exceed the authority granted to the defendant by the legislature. We conclude that the relevant statutes, regulations, and agency policies demonstrate that the defendant applied § 17b-812-13 (9) of the regulations retroactively by imposing a new obligation on the plaintiff's sex offender status that terminated his rental program assistance, and that the legislature did not authorize such retroactive agency action. Accordingly, we reverse the judgment of the trial court.")