rhammes07: When is a halfway house deemed a nuisance in property law in the state of Connecticut?
Also,
What type of affects can a Halfway house have on the nusiance clause?
When does a Halfway house become a nuisance for those that are living in the surrounding blocks?
What devaluation contributors does a Halfway house bring to surrounding properties?
Any thoughts or ideas would be greatly appreciated.
P.S. for those who don’t know, a halfway house is like a rehabilitation clinic for previous felons (or other criminals) which provides roam, board, and therapy for those willing and able to integrate back into society.
Answers and Views:
Answer by 67 Bronco
This is a classic case of NIMBY (Not in my back yard)
Contact your county court house with this question.Answer by Pogolaw
The first thing that you would have to determine is if you have a cause of action and if you qualify as a plaintiff. Is this halfway house a proposal or is it a fact and how long has it been there and how long have you lived there.
There are public and private nuisance plaintiff’s and there are those suits which mix a little of both categorys.
If the halfway house has been in existance for quite some time you may have a cause of action if you can show that it has a negative impact on the neighborhood and prevents you and others, the public in other words, from normal use and enjoyment of your land and the public streets.
The mere fact that a half way house is there will not suffice but if you can show that there are convicted felons hanging around in front of the building or the vicinity and this alarms a normal prudent person to the point that they would not want to walk down the street for fear of attack or being robbed you may have a cause of action.
As an individual, if you have moved to the area and the halfway house was already in existance, they may have a defense because you, moved to the nuisance.
Generally, the mere presence of a half way house is not a cause of action but if you can show that you and other persons are afraid, with cause to walk public streets as a direct result of it’s presence, especially if the crime rate has increased and some of the residents were found to be responsible for crimes in the area, you might have a cause of action.
Also, if your property valuations have been damaged because people don’t want to buy in the area, you might have a cause of action for damages.
If the halfway house is managed properly, people come and go without loitering around outside and in general do not cause a problem, I doubt that you would have a cause of action, if the reverse is true you certainly might.
If you have access to a public or on line library, the text book I had in school was “Torts and Personal Injury Law, 3rd edition by William Buckley, it covers this pretty well in Chapter 10 and is written in language a layman should be able to understand. Read that and it should give you a better idea if your foot fits the shoe.
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