Smith v. Dreamy Hollow Apartments Corp.

The facts alleged in the complaint and admitted by the demurrer, insofar as they are essential to an understanding of our decision, will be stated in simplified and abbreviated form. The *703plaintiff had occupied an apartment in the named defendant’s apartment house, in Norwalk, under a written lease reserving a monthly rental of $155. During his period of occupancy, he had made payments of rent aggregating $577.50. There was no suggestion that the payments were not voluntary. The defendants had failed to obtain from the building inspector of the city of Norwalk a certificate of occupancy…