Groton, Conn., Code of Ordinances ch. 9 art. IV div. 2 (2026) § 9-131
Same—Sustenance, modification or withdrawal of notice of violation (Groton Art. IV Div. 2: Administration and Enforcement)
Operative Text
A majority of the board of appeals, after full hearing is had, shall sustain, modify or withdraw the notice. Variances from the provisions of this article may be granted where circumstances warrant, and in the judgment of the board of appeals, no harm to the public health, welfare and safety will result from such variance. Factors to be considered include the following: (1) Hardship. Hardship may be construed to be the hardship encountered due to the configuration of the structure and/or parcel which it occupies. (2) Pre-existing conditions. Conditions which are primarily structural or geometric, including room size, height of ceilings, numbers of windows, etc., in housing existing before the adoption of this article. (3) Area requirements. When required bedroom sizes or room sizes are greater than that found in the structure, if the overall area of the abode is adequate. (4) Evictions restricted. A variance to the housing code shall not be granted where a landlord has resorted to eviction rather than comply with the housing code correction order.
Section 9-131 of Groton's Code of Ordinances establishes the process by which the board of appeals resolves housing code violation notices. A majority vote of the board, following a full hearing, can uphold, modify, or withdraw a notice of violation. The board may also grant variances from the article's requirements when circumstances justify it and no threat to public health, welfare, or safety would result, weighing factors such as structural hardship, pre-existing conditions, room-size constraints, and overall dwelling area. Notably, a variance will not be granted to any landlord who has pursued eviction instead of complying with a housing code correction order.
Plain English — not legal advice.
Under § 9-131, property owners who receive a notice of violation have the right to seek a hearing before the board of appeals, where the board may sustain, modify, or withdraw the notice by majority vote. Operators who face genuine structural or geometric constraints—such as pre-existing ceiling heights, room dimensions, or parcel configurations—may petition for a variance, provided they can demonstrate that no harm to public health, welfare, or safety would result. Critically, § 9-131 bars variance relief for any landlord who has initiated eviction proceedings as a substitute for correcting the cited housing code violation, so compliant operators generally address correction orders directly rather than pursuing removal of occupants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9-131 gives tenants an important protection: a landlord cannot obtain a variance from the housing code if that landlord has resorted to eviction instead of complying with a housing code correction order. If a tenant believes a landlord is attempting to use eviction to sidestep a code violation, that fact may be relevant to any board of appeals proceeding under § 9-131. Tenants facing such circumstances may consider raising this provision before the board of appeals, consulting a local tenant-rights organization, or contacting the relevant municipal housing authority to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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