LAVINE, J.
This appeal concerns the scope of authority of a receiver of rents appointed pursuant to General Statutes § 12-163a, entitled: "Receivership of rents for the collection of delinquent taxes." The intervening defendant, M & S Associates, LLC (tenant),
The following procedural history and facts as disclosed by the record are relevant to this appeal. The defendant, Cadle Properties of Connecticut, Inc. (Cadle), is the owner of real property known as 51 Albany Turnpike in Canton (property).
On June 23, 2011, the court found that Cadle owed the town taxes in the amount of $358,220.04. It appointed the receiver and issued orders with respect to the receivership. On September 27, 2011, the tenant filed a motion to intervene. On October 14, 2011, the receiver filed a motion to modify the receivership orders issued by the court (motion to modify). In its motion to modify, the receiver asked the court to find the amount of taxes due to be $495,800.51; to grant the receiver authority to evict the tenant in the event of
On January 20, 2012, the tenant filed a motion for reconsideration of the petition for the appointment of a receiver of rents and the motion to modify (motion for reconsideration). In its motion for reconsideration, the tenant represented that the receiver had grossly exceeded its authority under § 12-163a by serving it with a notice to quit and by bringing an improper action to collect back taxes and prior rents. The tenant represented that it first became aware of the receivership on September 12, 2011, when counsel for the receiver imposed deadlines and demanded payment for prior rents and threatened the tenant with immediate eviction. The tenant also represented that on December 7, 2011, the receiver served notice on it of an application for a prejudgment remedy in which the receiver claimed due all past taxes and rents from February 1, 2000, through September 1, 2011. The tenant claimed that the receiver had exceeded its authority under § 12-163a by seeking past due taxes from the tenant, as it has never owned the property, and by serving it with a notice to quit on the basis of rents allegedly due prior to the receiver's appointment. The court denied the motion for reconsideration but ordered that "[i]f the [tenant] has evidence that the receiver has acted beyond the scope of the court order of appointment, then it may file a motion for removal. Any such order must be specific as to what actions it is based upon and address any portion of the order which may cover such actions."
On February 1, 2012, the tenant filed a motion to remove the receiver (motion to remove) in which the tenant repeated many of the representations made in its motion for reconsideration. In addition, the tenant represented that on September 25, 2011, the receiver served a notice to quit instructing the tenant to quit the property on or before September 29, 2011, and again claimed that the receiver lacked authority to do so pursuant to § 12-163a. The tenant claimed that the receiver exceeded its authority under § 12-163a by serving a notice to quit on the basis of nonpayment of rent due prior to the receiver's appointment. The tenant further represented that the receiver filed an application for a prejudgment remedy in which it claimed due all taxes and rents from February 1, 2000, through September 1, 2011, in violation of § 12-163a. The court heard argument on the motion to remove on February 14, 2012.
Following the hearing and receipt of briefs from the tenant and the town, the court denied the motion to remove and issued the following order. "The court does not accept the tenant's interpretation of the phrase in ... § 12-163a `collect all rents ... forthcoming from the occupants... in place of the owner' as meaning only `collect all rental payments coming due in the future'. Neither the [case law] nor the cited legislative history support[s] such an interpretation. The [court-appointed] receiver acts in the stead of the owner and the owner would not be constrained from collecting owed back rent.... This receiver may seek the eviction of any [nonpaying] tenant through legal process. To hold otherwise would vitiate the purpose of the statute. [However, the] court's order, as [modified], does not authorize the receiver to collect any back taxes owed by the tenant. The court expects its appointed receiver to use all reasonable efforts to reach a fair repayment schedule with the
We first address the town's claim that this court lacks jurisdiction to hear the tenant's appeal. We disagree.
A claim regarding subject matter jurisdiction is a question of law and is given plenary review. See State v. Sunrise Herbal Remedies, Inc., 296 Conn. 556, 567, 2 A.3d 843 (2010).
Pursuant to General Statutes § 52-263, this court is a court of limited jurisdiction and may hear appeals taken from final judgments. "Subject matter jurisdiction [implicates] the authority of the court to adjudicate the type of controversy presented by the action before it.... [A] court lacks discretion to consider the merits of a case over which it is without jurisdiction.... The objection of want of jurisdiction may be made at any time ... [a]nd the court or tribunal may act on its own motion, and should do so when the lack of jurisdiction is called to its attention.... The requirement of subject matter jurisdiction cannot be waived by any party and can be raised at any stage in the proceedings." (Internal quotation marks omitted.) Fort Trumbull Conservancy, LLC v. New London, 265 Conn. 423, 429-30, 829 A.2d 801 (2003). "The lack of a final judgment is a jurisdictional defect that mandates dismissal." (Internal quotation marks omitted.) Lord v. Mansfield, 50 Conn.App. 21, 25, 717 A.2d 267, cert. denied, 247 Conn. 943, 723 A.2d 321 (1998).
The town claims that this court lacks jurisdiction to hear the tenant's appeal, arguing that the appeal is interlocutory in nature and fails the test permitting interlocutory appeals pursuant to State v. Curcio, 191 Conn. 27, 463 A.2d 566 (1983). "An otherwise interlocutory order is appealable in two circumstances: (1) where the order or action terminates a separate and distinct proceeding, or (2) where the order or action so concludes the rights of the parties that further proceedings cannot affect them." Id., at 31, 463 A.2d 566. We conclude that this matter is an appealable final judgment under either prong of Curcio. The court's appointment of a receiver terminated a separate and distinct proceeding, and also concluded the rights of the town and Cadle as to a receivership and no further proceeding could affect them.
On June 23, 2011, following a show cause hearing, the court determined the amount of taxes Cadle owed the town, appointed the receiver, and issued orders pertaining to the receivership. "The sole purpose of such a hearing shall be to determine whether there is an amount due and owing between the owner, agent, lessor or manager and the municipality...." General Statutes § 12-163a (a). The nature of the town's remedy is summary. See Hartford Electric Light Co. v. Tucker, 35 Conn.Sup. 610, 614, 401 A.2d 454, cert. denied, 176 Conn. 765, 394 A.2d 202 (1978).
Subsequently, however, the receiver filed a motion to modify, which the court granted on October 25, 2011. By granting the motion to modify, the court in essence opened the judgment and rendered a modified judgment comprised of its June 23 and October 25, 2011 judgments.
In support of its claim that this court lacks jurisdiction, the town cites several cases in which our Supreme Court has held that neither the appointment of nor the refusal to remove a receiver of rents is an appealable final judgment. Those cases are distinguishable, however, because they involved either foreclosure or personal injury actions in which the appointment of a receiver of rents was an equitable remedy ancillary to the civil action.
In its appeal, the tenant claims that the court (1) lacked subject matter jurisdiction over the town's petition to appoint a receiver pursuant to § 12-163a because the tenant did not receive notice of the action, and (2) improperly denied the motion to remove the receiver because the court exceeded its authority by granting the receiver permission to evict the tenant, secure a new tenant, and bring an action against the tenant for all rents due, including back rents allegedly owed. We conclude that the court had jurisdiction to consider the town's petition, but that it improperly granted the receiver authority beyond what is permitted by § 12-163a.
The tenant's claims concern the construction of § 12-163a, which present questions of law.
"The process of statutory interpretation involves the determination of the meaning of the statutory language as applied to the facts of the case, including the question of whether the language does so apply.... When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case.... In seeking to determine that meaning, [we first consider] the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered." (Internal quotation marks omitted.) Cornelius v. Rosario, 138 Conn.App. 1, 8, 51 A.3d 1144, cert. denied, 307 Conn. 934, 56 A.3d 713 (2012). "The test to determine ambiguity is whether the statute, when read in context, is susceptible to more than one reasonable interpretation." (Internal quotation marks omitted.) Felician Sisters of St. Francis of Connecticut, Inc. v. Historic District Commission, 284 Conn. 838, 847, 937 A.2d 39 (2008).
The tenant first claims that the court lacked subject matter jurisdiction to consider the town's § 12-163a petition because it was not served with notice of the show cause order.
The plain meaning of the first sentence of § 12-163a makes clear that the Superior Court has the authority to adjudicate the appointment of a receiver of rents for delinquent taxes pursuant to a municipality's petition: "Any municipality may petition the Superior Court ... for appointment of a receiver of the rents ... for any property for which the owner ... is delinquent in the payment of real property taxes...." General Statutes § 12-163a (a). The record demonstrates that the town filed a petition for the appointment of a receiver of rents on April 26, 2011. In its petition the town alleged that Cadle's taxes were delinquent. The trial court therefore had the authority to adjudicate the allegations of the petition and the power to appoint a receiver.
Even if the order to show cause did not order the tenant to appear for the show cause hearing, the court was not deprived of subject matter jurisdiction. "An improperly executed writ or citation does not ... affect the subject matter jurisdiction of the trial court. As a defect in having the court acquire personal jurisdiction over the defendant, an improperly executed citation may be waived by the defendant.... A defendant may contest the personal jurisdiction of the court even after having entered a general appearance, but must do so by filing a motion to dismiss within thirty days of the filing of an appearance." (Internal quotation marks omitted.) Brunswick v. Inland Wetlands Commission, 222 Conn. 541, 551, 610 A.2d 1260 (1992). In any event, the court ultimately granted the tenant's motion to intervene. The tenant's claim that the court lacked subject matter jurisdiction fails.
The tenant claims that the court exceeded its authority under § 12-163a by improperly denying the tenant's motion to remove the receiver because the court earlier exceeded its authority under § 12-163a by granting the receiver permission to evict the tenant, secure a new tenant, and to use all legal process to collect back rents allegedly due. We conclude that the court's initial appointment of the receiver was proper, and that the court therefore
Section 12-163a is a summary action
"When ... a statutory provision is silent with respect to [the issue at hand], our analysis is not limited by [General Statutes] § 1-2z, which provides that the meaning of statutes shall be ascertained from only their text and their relationship to other statutes if those sources reveal an unambiguous meaning that is not absurd or unworkable." (Internal quotation marks omitted.) Curry v. Allan S. Goodman, Inc., 286 Conn. 390, 407, 944 A.2d 925 (2008). "[O]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.... In seeking to discern that intent, we look to the words of the statute itself, to the legislative
We first look to the language of the statute to determine whether it is clear and unambiguous. Felician Sisters of St. Francis of Connecticut, Inc. v. Historic District Commission, supra, 284 Conn. at 847-48, 937 A.2d 39. Pursuant to our construction of § 12-163a, we conclude that the language of the statute is clear and unambiguous as to the duties of both the court and the receiver, but that the phrase "collect all rents ... forthcoming from the occupants"; (emphasis added) General Statutes § 12-163a (a); is not clear and unambiguous.
Section 12-163a has six subsections; only the first subsection is at issue here.
Section 12-163a (a) also provides for the duties of a receiver: to collect all rents forthcoming for the property; to pay from such rents first taxes due on and after the receiver's appointment, then for electric, gas, telephone, water or heating oil supplied on and after said date.
In Connecticut Light & Power Co. v. DaSilva, supra, 231 Conn. at 441, 650 A.2d 551, our Supreme Court held with respect to § 16-262f that once the trial court determines that the utility has demonstrated a default in payments, the utility is entitled to the appointment of a receiver of rents. Id., at 446, 650 A.2d 551. The court has no discretion in the matter. "In light of the language, the acknowledged purpose and the sui generis nature of § 16-262f, the trial court was mistaken in its assumption that the appointment of a rent receiver for the protection of a utility is governed by the same wide-ranging equitable and discretionary principles that govern rent receiverships in ordinary mortgage foreclosure proceedings." Id., at 446, 650 A.2d 551. The relevant language in § 12-163a
In its motion to modify the court's orders, the receiver sought permission to evict the tenant from the property in the event of default, to release the property, and to use all legal processes to collect back rent allegedly due. There is no language in § 12-163a authorizing the court to do anything more than issue a show cause order, hold a show cause hearing, determine whether Cadle owed the town taxes and, if so, the amount due, and to appoint a receiver of rents. Moreover, § 12-163a does not authorize a receiver to do more than collect rents that are to be used first to pay taxes due after the date of the receiver's appointment and then to pay for electric, gas, telephone, water or heating oil supplied on or after said date. Pursuant to § 12-163a (c), nothing in the statute prevents the town, but not the receiver, from pursuing other actions or remedies it may have against Cadle.
The tenant also claims that the court improperly denied its motion to remove by concluding that the receiver may collect all rents whether allegedly due in the past or as they come due in the future. The town argues that the relevant language of the statute provides that "[t]he receiver appointed by the court shall collect all rents or payments for use and occupancy forthcoming from the occupants of the building in question in place of the owner...." (Emphasis added.) General Statutes § 12-163a (a). The parties dispute the meaning of the word "forthcoming" and therefore whether the receiver may collect rents allegedly past due, as well as those coming due.
In this case, the receiver sought to collect taxes it claimed the tenant had not paid since 2000; the tenant refused to pay the back taxes the receiver claimed were due. The tenant represented that the receiver filed an application for a prejudgment remedy in the amount of $2 million. The legislative history of § 12-163a indicates that the legislature intended to give municipalities the same tools and powers to collect delinquent taxes that were given to public utilities to collect on accounts in default pursuant to § 16-262f. See footnote 19 of this opinion. The legislative history reveals that the legislature did not intend the municipality to take the property from the owner as it may do in a tax foreclosure action. When speaking in support of the legislation, Representative Robert D. Godfrey stated in part: "[I]t's my opinion [that the bill] would enhance [the collection of taxes] because currently the only tool that a municipality has to go after back taxes is to foreclose on the property, which can be much more expensive for all parties involved and literally takes the property away from the landlord. This is something in between. It's a lesser step. It's a finer tool that gives the municipalities the ability to step in and take over the rent, to take over the property in lieu of taking the property and taking the ownership." Conn. Joint Standing Committee Hearings, Planning and Development, Pt. 1, 1995 Sess., p. 51.
Attorney Eric Gottschalk, Danbury corporation counsel, testified in support of the bill: "The statute provides that the receiver is responsible only for collection of the rent and payment of the bills in accordance with a ranking. The other responsibilities that are attendant to home ownership remain with the landlord.... [I]f a court order is established appointing a receiver, the receiver will collect the rents and the property owner will be left to deal with all the other issues attendant to home ownership or property ownership."
For the foregoing reasons, we conclude that the court improperly granted the receiver's motion to modify because it lacked authority to do so under § 12-163a, and therefore the court should have granted the tenant's motion to remove to the extent that it encompassed the motion to modify. We conclude, however, that the court's initial appointment of the receiver was proper under § 12-163a and that it properly denied the motion to remove to the extent that the tenant sought the removal of the receiver ab initio.
The judgment is reversed in part and the case is remanded with direction to deny the receiver's motion to modify the receivership orders; the judgment is affirmed in all other respects.
In this opinion the other judges concurred.
"The second bill, 5331, which authorizes municipalities to petition for a receiver of rents for the collection of delinquent property taxes ... gives municipalities the same kind of power we currently give to utilities, which can petition for receivership of rent for back payment of electric, water, power, whatever." Conn. Joint Standing Committee Hearings, Planning and Development, Pt. 1, 1995 Sess., pp. 49-50; see footnote 8 of this opinion.
With respect to House Bill No. 5331, the "Report on Bills Favorably Reported by Committee" states: "Reasons for Bill: A need to provide every reasonable tool for municipalities to collect delinquent taxes from the landlords of rented buildings."
General Statutes § 16-262f is entitled, "Action for receivership of rents and common expenses by electric, electric distribution, gas and telephone companies; petition; hearing; appointment; duties; termination."
"(2) A hearing shall be had on such order.... The sole purpose of such a hearing shall be to determine whether there is an amount due and owing between the owner... and the [utility company]. The court shall make a determination of any amount due and owing....
"(3) The receiver appointed by the court shall collect all rents ... forthcoming....
"(4) The receiver shall pay the petitioner... from such rents ... for [services] supplied on and after the date of his appointment...."
In Bolton, the property owner only had income from "the rental income and from that amount she [paid] certain expenses related to the property as well as the living expenses for her and her two children." Id., at p. 143. The owner opposed the appointment of a receiver of rents, or in the alternative, asked the court to apportion the rent between her and the receiver. Id., at p. 145. The court in Bolton determined that the statute requires that the receiver collect all rents and that the rent may not be apportioned. The Bolton court did not address whether the receiver could collect rent due prior to the receiver's appointment, as the rent at issue was prospective only.
"And there's one other dramatic difference between the receivership approach and the other available approaches that are in use now. And that is in the context of a foreclosure or in the context of a sale, the property is taken from the property owner. Here, the effort is to keep the property with the owner and correct the problem by collecting the rents. Clearly, it's not something that would apply everywhere. Not every property is rented. Not every property that's rented will generate the kind of money that's necessary to clear up the delinquency." Conn. Joint Standing Committee Hearings, supra, at pp. 124-25.