Webster Bank v. Oakley

Opinion

The named defendant, Loma T. Oakley,1 appeals2 from a judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, Webster Bank. In this appeal, the defendant claims that the trial court improperly concluded that: (1) the plaintiff clearly and unequivocally had exercised its option, under the mortgage, to accelerate the defendant’s loan; and (2) the federal Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., the federal Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. § 3601 *542et seq.,3 and the state fair housing laws, General Statutes § 46a-64b et seq., do not require a bank, which is foreclosing on a mortgage loan that it has serviced, to accommodate a disabled mortgagor’s inability to make her loan payments. We disagree with the defendant, and we affirm the judgment of the trial court.

The record reveals the following relevant facts and procedural history. In April, 1993, the defendant executed a thirty year mortgage deed and note on her condominium unit with a predecessor in interest of the plaintiff.4 The principal amount of the mortgage was $70,000, with a monthly payment of $495.46. The mortgage agreement contained an acceleration clause that delineated a procedure to be followed in the event of default by the borrower.5 It also contained a nonwaiver *543clause, which provided that “[a]ny forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.”

The defendant had worked as a social worker for the Connecticut department of children and families until March, 1999. In March, 1999, she stopped working because she had suffered from significant psychiatric disabilities, including severe depression, which rendered her unable to perform her work duties. She then took unpaid medical leave from her employment. Consequently, in September, 1999, the defendant defaulted on her mortgage obligations. At that point in time, she owed the plaintiff $2885.32 for payments past due since June of that year.

In September, 1999, the plaintiff sent to the defendant a default and cure letter dated September 13,1999. This letter informed her that she had until October 13, 1999, to pay the total past due amount. The letter warned the defendant that if she did not pay the total amount due by October 13, the entire mortgage balance would be accelerated.6 Subsequently, on October 14, 1999, the plaintiff sent another letter to the defendant advising her that, because it had not received the requested payment, the plaintiff considered the debt accelerated, and referred the matter to its attorney for collection.

Thereafter, the plaintiffs attorney sent to the defendant a letter dated October 19,1999, informing her that she had until October 27, 1999, to cure the default by *544paying the amount owed, which at that time was $3501.09. The letter warned that failure to cure the default by that time potentially would result in foreclosure. That letter contained a clause stating that “[n]othing contained in this letter shall be deemed to be a waiver of any of the [plaintiff’s] rights, remedies, or recourses available to it under the Note, the Mortgage, or any other documents executed with respect to this loan.”

Subsequently, on November 17, 1999, the plaintiff filed this action against the defendant seeking foreclosure of the mortgage, immediate possession of the mortgaged premises, a deficiency judgment, and other equitable relief. As special defenses, the defendant asserted, inter aha, that the plaintiff was barred from foreclosure because: (1) the letters from the plaintiff and its attorney had failed to provide her with proper notice of the default and acceleration; and (2) the plaintiff, by not making a reasonable accommodation for the defendant’s disabilities, had denied and interfered with her right to live in her dwelling under the FHAA, the ADA and § 46a-64b et seq. The defendant also sought recoupment and setoff, and she counterclaimed for damages on these, and other, grounds.

The plaintiff thereafter moved for summary judgment of strict foreclosure, which the trial court granted, over the defendant’s objection, as to liability only.7 In its memorandum of decision, the trial court concluded that none of the subsequent communications to the plaintiff from the defendant constituted a waiver of the default and cure notice that had been communicated to her in *545the original September, 1999 letter.8 The trial court also concluded that the reasonable accommodations provisions of the FHAA and § 46a-64b et seq., as well as the ADA, were not applicable to the enforcement of a mortgage. The trial court based its conclusion on the language of the statutes, and what it determined was the absence of any case law indicating that the various antidiscrimination statutes apply to mortgage servicing and enforcement. The court concluded that “it does not appear that these statutes require any conduct on the part of the plaintiff.” This appeal followed.

Before we address the defendant’s specific claims on appeal, we first set forth the standard of review of a trial court’s decision granting summary judgment, which is applicable to all of the defendant’s claims on appeal. “Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The party moving for summary judgment has the burden of showing the absence of any genuine issue of material fact and that the party is, therefore, entitled to judgment as a matter of law. . . . Our review of the trial court’s decision to grant the defendant’s motion for summary judgment is plenary.” (Citations omitted; internal quotation marks omitted.) LaFlamme v. Dallessio, 261 Conn. 247, 250, 802 A.2d 63 (2002).

*546I

THE PLAINTIFF’S CLEAR AND UNEQUIVOCAL EXERCISE OF ITS OPTION TO ACCELERATE THE MORTGAGE LOAN

The defendant’s first claim presents a threshold issue in this appeal. The defendant contends that the trial court improperly concluded that the series of three letters sent by the plaintiff and its attorney constituted the requisite clear and unequivocal exercise of the mortgage’s acceleration option. Specifically, the defendant claims that these letters do not constitute a clear and unequivocal exercise of the plaintiffs right to accelerate because, after she had received a letter from the plaintiff informing her that the loan had been accelerated, she then received a subsequent communication from the plaintiffs attorney that was phrased as a default and cure letter. The defendant, accordingly, contends that the loan was not accelerated properly because she never had received any communication of acceleration following her receipt of the default and cure letter from the plaintiffs attorney, which she claims the trial court improperly ignored.9

The plaintiff contends, in response, that the trial court concluded correctly that the plaintiff clearly and unequivocally had accelerated the loan because: (1) under the Appellate Court’s decision in Northeast Savings, F.A. v. Scherban, 47 Conn. App. 225, 227-28, 702 A.2d 659 (1997), cert. denied, 244 Conn. 907, 714 A.2d 2 (1998), so long as the plaintiff satisfied its notice obligations under the mortgage when it initially had accelerated the loan, the subsequent communications from its attorney were irrelevant; and (2) under this *547court’s decision in Christensen v. Culaia, 211 Conn. 613, 619-21, 560 A.2d 456 (1989), the mortgage’s non-waiver clause precluded any subsequent inconsistent conduct by the plaintiff, or its attorney, from being construed as a waiver of its right to accelerate the loan. We conclude that the trial court properly determined that the communications from the plaintiff and its attorney to the defendant constituted a clear and unequivocal exercise of the plaintiff’s right to accelerate the defendant’s mortgage loan.

“Notices of default and acceleration are controlled by the mortgage documents. Construction of a mortgage deed is governed by the same rales of interpretation that apply to written instruments or contracts generally, and to deeds particularly. The primary rale of construction is to ascertain the intention of the parties. This is done not only from the face of the instrument, but also from the situation of the parties and the nature and object of their transactions. ... A promissory note and a mortgage deed are deemed parts of one transaction and must be construed together as such.” (Citation omitted; internal quotation marks omitted.) Citicorp Mortgage, Inc. v. Porto, 41 Conn. App. 598, 602, 677 A.2d 10 (1996).

We note that, under the terms of the mortgage in the present case, acceleration is an optional remedy in the event of default by the boirower. See footnote 5 of this opinion. Accordingly, the rale articulated by the Appellate Court in City Savings Bank of Bridgeport v. Dessoff 3 Conn. App. 644, 649, 491 A.2d 424, cert. denied, 196 Conn. 811, 495 A.2d 279 (1985), is applicable. In City Savings Bank of Bridgeport, the court concluded that “[t]he general rale is that where the acceleration of the maturity of a mortgage debt on default is made optional with the mortgagee, some affirmative action must be taken by him evidencing his election to take advantage of the accelerating provision, and that *548until such action has been taken the provision has no operation. The exercise of the option should be made in a manner clear and unequivocal, so as to leave no doubt as to the mortgagee’s intention. The option is effectively exercised by manifesting the fact in such manner as to apprise the mortgagor. . . . Even a declaration may be a sufficient exercise of the option, but to be effective the declaration must be followed by an affirmative act toward enforcing the declared intention.” (Citation omitted; emphasis added; internal quotation marks omitted.) Id.

The Appellate Court’s decision in Northeast Savings, F.A. v. Scherban, supra, 47 Conn. App. 225, is particularly instructive in resolving the defendant’s claim. In Northeast Savings, F.A., a mortgage foreclosure case, the borrower contended that the lender had failed to provide sufficient notice of the acceleration of the debt. Id., 227. The lender in Northeast Savings, F.A., had sent the borrowers a default and cure letter on June 1, giving them thirty days to cure the deficiency and warning them that failure to cure might result in acceleration of the debt. Id. The June 1 default and cure letter was followed by a letter on July 2, informing the borrowers that they were still in default, and had thirty days to pay the amount in default. Id. On July 22, the lender sent yet another default and cure letter to the borrowers. This letter warned that unless the borrowers paid the full past due amount by August 2, foreclosure proceedings would commence. Id. The debt remained unpaid and the lender subsequently brought the foreclosure action on September 27. Id.

The borrowers in Northeast Savings, F.A., contended that these letters did not satisfy the notice of acceleration provision under the mortgage and note, which provided that “the lender shall give notice to borrower prior to acceleration . . . which shall specify the default, the action required to cure the default, a date not less than *549thirty days within which to cure the default and that failure to cure the default may result in acceleration.” (Internal quotation marks omitted.) Id., 227-28. The Appellate Court rejected this claim, and concluded that the condition precedent of notice of acceleration had been satisfied because the first letter stated that acceleration might result from the borrower’s continued failure to cure the default. Id., 228. The court also concluded that the note did not require that the acceleration notice be separate from the notice of default. Id. The court further concluded that “the notice of default satisfied the notice requirement contained in the note because it notified the defendants of the default and the possibility of acceleration.” Id.

This court’s decision in Christensens. Cutaia, supra, 211 Conn. 613, is also instructive. That case involved a series of twelve identical promissory notes in the aggregated principal amount of $70,788, with each note payable to the lender in the amount of $5899 plus interest. Id., 614-15. In Christensen, the borrower’s payments were, from the outset, untimely. Id., 616. The notes contained an acceleration clause providing for acceleration of the entire aggregated principal amount in the event of default on any one note. Id., 615. The notes also provided no grace period, and contained nonwaiver clauses providing that “the [lender’s] failure to assert a right would not amount to a waiver and requiring any waiver to be in writing.” Id., 616. After the lender received a late payment on the fourth promissory note, he informed the borrower, both directly and through an employee, that he no longer would tolerate late payments. Id.

Subsequently, the borrower failed to pay his loan on the fifth note on time. Id. The lender contacted the borrower and informed the borrower’s secretary that he intended to exercise his rights to declare a default, and accelerate payment on all of the notes; the lender *550also sent the borrower notice of this intention via certified mail on that same day. Id. When the borrower received the certified letter, he sent the lender a check as payment for the fifth note, and the lender deposited this check. Id. Shortly thereafter, the lender brought an action for payment of the remaining unpaid balance on the remaining eight promissory notes, due in full, pursuant to the lender’s right to accelerate. Id., 616-17. The trial court had determined that there was no genuine issue of material fact and granted the lender’s summary judgment motion. Id., 617. The court awarded the entire remaining principal amount plus interest, concluding that “upon the [borrower’s] default, the [lender] had properly exercised his right to acceleration and that neither the [borrower’s] subsequent tender nor the [lender’s] acceptance of payment for [the fifth note] had cured the default.” Id.

On appeal, the borrower contended that there was a genuine issue of material fact about whether the lender’s acceptance and cashing of earlier late payments amounted to a waiver of the right to accelerate. Id., 619. This court concluded that, “[w]hile inconsistent conduct may, under certain circumstances, be deemed a waiver of a right to acceleration, the insertion of a nonwaiver clause is designed to avoid exactly such an inference.” Id., 619-20. Accordingly, the court concluded that the lender had not waived his right to accelerate by his seemingly inconsistent conduct. Id., 620.

We conclude that, under the holdings in Christensen v. Cutaia, supra, 211 Conn. 619-20, and Northeast Savings, F.A. v. Scherban, supra, 47 Conn. App. 227-28, the plaintiff clearly and unequivocally exercised its option of accelerating the loan once the defendant had defaulted. The first letter provided ample warning to the defendant that, if she did not cure her default by October 13, the entire loan amount would be accelerated. After the defendant failed to cure her default, the *551plaintiff sent prompt notice to the defendant that it considered the debt accelerated, and that the matter had been referred to its attorney for collection. The very next communication to the defendant came five days later from the plaintiffs attorney. Thus, in our view, the defendant had ample awareness of the plaintiffs intentions with respect to acceleration of the debt.10 Moreover, under this court’s interpretation of nonwaiver clauses set forth in Christensen v. Cutaia, supra, 620, the plaintiffs conduct in affording the defendant eight additional days to stave off the consequences of acceleration and foreclosure by curing the default cannot be construed as a waiver of its option to accelerate the mortgage loan. Indeed, a conclusion by this court that a lender, by giving a borrower one more opportunity to cure a default, has not clearly and unequivocally exercised its right to accelerate the debt, ultimately would militate against persons in the defendant’s position; such a conclusion surely would eviscerate any inclination or incentive that a lender might have to extend any kind of generosity or flexibility to borrowers in default, on the eve of commencing litigation.

Moreover, the letter from the plaintiffs attorney was not contradictory, as the defendant claims, because *552beyond affording the defendant a few more days to cure her default, it did not retract expressly the previous notice of acceleration. Accordingly, the trial court properly concluded that the plaintiffs letters constituted a clear and unequivocal exercise of its option to accelerate the mortgage debt.11

II

THE DEFENDANT’S FEDERAL FAIR HOUSING CLAIMS UNDER THE FHAA, 42 U.S.C. § 3601 ET SEQ.

The defendant’s next claim is that the trial court improperly concluded that the FHAA, 42 U.S.C. § 3601 et seq., does not require a lender foreclosing on a mortgage loan to provide reasonable accommodations for the disabilities of a borrower. Specifically, the defendant contends that 42 U.S.C. § 3604 (f) (1) and (2)12 are applicable to a lender’s attempt to foreclose upon the mortgage of a disabled borrower because the enforce*553ment of mortgage loan agreements “make[s] unavailable or den[ies]” a dwelling, and is a “[service] ... in connection with such [a] dwelling . . . .” The defendant further claims that, because § 3604 (f) (1) and (2) apply to the enforcement of mortgage loan agreements, the trial court improperly precluded her from receiving a hearing about whether the plaintiff could have provided her with “reasonable accommodations” for her disability pursuant to § 3604 (f) (3) (B).13

In response, the plaintiff, relying principally on Salute v. Stratford Greens Garden Apartments, 136 F.3d 293, 301-302 (2d Cir. 1998), contends that the FHAA does not afford the defendant relief because it only requires accommodations that directly ameliorate the effects of an individual’s disability, rather than her economic status. The plaintiff further claims that applying the FHAA to the defendant in this context would constitute an impermissible economic preference for disabled individuals, which ultimately would fundamentally alter loan programs and have deleterious consequences for all lending institutions. We conclude that the trial court correctly determined that 42 U.S.C. § 3604 does not apply to the enforcement of a mortgage, and therefore, properly refused to conduct a hearing about whether the plaintiff should have afforded the defendant a reasonable accommodation for her disability.14

*554We begin our analysis of the defendant’s claim by setting forth the appropriate standard of review and the process by which we inteipret federal statutes. “Statutory construction is a question of law and therefore our review is plenary.” (Internal quotation marks omitted.) In re Joshua S., 260 Conn. 182, 213, 796 A.2d 1141 (2002). We ordinarily interpret Connecticut statutes in accordance with the purposive formulation set forth in State v. Courchesne, 262 Conn. 537, 577-78, 816 A.2d 562 (2003). In the present case, however, we are required to interpret federal statutes, namely, provisions of the FHAA and the ADA. Thus, despite our express rejection of the plain meaning rule in Courchesne, principles of comity15 *555and consistency16 dictate that we follow it in the present case, because that is the rule of construction utilized by the United States Court of Appeals for the Second Circuit. See, e.g., United States v. Ripa, 323 F.3d 73, 81 (2d Cir. 2003).

Accordingly, our analysis of the federal statutes in the present case “begins with the plain meaning of the statute. ... If the text of a statute is ambiguous, then we must construct an interpretation consistent with the primary purpose of the statute as a whole.” (Citation omitted.) Id.; see also In re Caldor Corp., 303 F.3d 161, 167-68 (2d Cir. 2002) (“[a]s long as the statutory scheme is coherent and consistent, there generally is no need for a court to inquire beyond the plain language of the statute” [internal quotation marks omitted]). Under the plain meaning rule, “[legislative history and other tools of interpretation may be relied upon only if the terms of the statute are ambiguous.” (Internal quotation marks *556omitted.) In re Venture Mortgage Fund, L.P., 282 F.3d 185, 188 (2d Cir. 2002). Thus, our interpretive process will begin by “inquiring whether the plain language of [each] statute, when given ‘its ordinary, common meaning’ ... is ambiguous.” (Citation omitted.) In re Caldor Corp., supra, 168.

Thus, our interpretive task begins with the relevant statutory language. The FHAA is a comprehensive array of statutes aimed at preventing discrimination in various housing and real estate related contexts.17 Section 3604 of the FHAA provides that “it shall be unlawful . . . (f) (1) [t]o discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of . . . (A) that buyer or renter . . . .” (Emphasis added.) Section 3604 (f) (2) of the FHAA then provides that it shall be unlawful “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of . . . (A) that person . . . .” (Emphasis added.) Finally, § 3604 (f) (3) of the FHAA provides that “[f]or purposes of this subsection, discrimination includes . . . (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such [handicapped] person equal opportunity to use and enjoy a dwelling . . . .” Thus, the defendant contends that, because the enforcement of mortgage loan agreements is a “[service]” or alternatively “makefs] unavailable or den[ies]” a dwelling pursuant to § 3604 (f) (1) and (2), the plaintiff was required under § 3604 (f) (3) to afford the defendant *557reasonable accommodations as to the plaintiffs rules, policies, practices, or services in light of her disability.

The defendant’s arguments with respect to § 3604 (f) (1) and (2) are, at first blush, linguistically appealing, especially given the ambiguity of the operative statutory terms, namely, “services,” or “make unavailable or deny.” We conclude, however, that § 3604 of the FHAA, and its reasonable accommodations provision, afford the defendant no relief. Indeed, discrimination in mortgage foreclosures is addressed solely by a different section of the FHAA, namely, 42 U.S.C. § 3605.18 Put differently, the defendant’s proposed application of § 3604 is precluded by the existence of § 3605.

Section 3605 of the FHAA is entitled “ [discrimination in residential real estate-related transactions.” Section 3605 provides in relevant part that “[i]t shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of . . . handicap . . . .” Section 3605 (b) defines “ ‘residential real estate-related transaction’ ” as “(1) [t]he making or purchasing of loans or providing other financial assistance—(A) for *558purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. ...” Moreover, § 3605, unlike § 3604, does not include any provision stating that the failure to provide reasonable accommodations constitutes discrimination.

Having reviewed the various statutory sections that comprise the FHAA, we conclude that the defendant’s claims of discrimination in the enforcement of mortgage loan agreements unambiguously fall within the ambit of 42 U.S.C. § 3605. See, e.g., Gaona v. Town & Country Credit, 324 F.3d 1050, 1056 n.7 (8th Cir. 2003) (noting that 42 U.S.C. § 3604 “bars discrimination in sales and rentals, rather than loans”); Harper v. Union Savings Assn., 429 F. Sup. 1254, 1257-58, 1271 (N.D. Ohio 1977) (although court concluded posttrial that borrowers failed to prove racial discrimination, court stated that “it is the intent of Congress that [42 U.S.C. §] 3605’s prohibitions against discrimination on the part of lending institutions in connection with real estate loans proscribe discrimination in the manner in which a lending institution forecloses a delinquent or defaulted mortgage note since the right of foreclosure is one of the ‘terms or conditions of such loan’ ”).19 Indeed, we conclude further that the specific applicability of § 3605 to the context of enforcement of mortgage loan agreements precludes the application of § 3604 in that same arena. See, e.g., Eva v. Midwest National Mort*559gage Banc, Inc., 143 F. Sup. 2d 862, 886 (N.D. Ohio 2001) (“§ 3604 relates to acquiring ahorne, while § 3605 applies to the making or purchasing of loans or providing other financial assistance for maintaining a dwelling previously acquired” [emphasis added]).20 Thus, *560although the text of § 3605 unmistakably evinces the intent of Congress to prohibit discrimination in the context of mortgage lending and enforcement, that same *561section also provides us with the sole avenue for the consideration of such discrimination claims.21

Moreover, the regulations issued by the Secretary of Housing and Urban Development (secretary) to effectuate the FHAA further demonstrate that the enforcement of mortgage loan agreements is governed solely by 42 U.S.C. § 3605. “[I]t is the well established practice of this court to accord great deference to the construction given [a] statute by the agency charged with its enforcement.” (Internal quotation marks omitted.) MacDermid, Inc. v. Dept. of Environmental Protection, 257 Conn. 128, 138, 778 A.2d 7 (2001). Moreover, it is well established that “unless [administrative regulations] are shown to be inconsistent with the authorizing statute, they have the force and effect of a statute.” (Internal quotation marks omitted.) Mass v. United States Fidelity & Guaranty Co., 222 Conn. 631, 649, 610 A.2d 1185 (1992). The organizational scheme of the regulations promulgated pursuant to the FHAA indicates that the secretary did not contemplate mortgage related matters arising under 42 U.S.C. § 3604. Part 100 of title 24 of the Code of Federal Regulations provides the regulations that address discriminatory conduct under the FHAA; it is further divided into subparts. Subpart B of title 24 of the Code of Federal Regulations, §§ 100.50 through 100.90, “provides the [secretary’s] interpretation of conduct that is unlawful housing discrimination under” 42 U.S.C. § 3604, as well as 42 U.S.C. § 3606,22 *562which proscribes discrimination in the provision of brokerage services. 24 C.F.R. § 100.50 (a).23 Subpart B addresses the following areas of discrimination: (1) “[u]nlawful refusal to sell or rent or to negotiate for the sale or rental”; 24 C.F.R. § 100.60; (2) “[discrimination in terms, conditions and privileges and in services and facilities”; 24 C.F.R. § 100.65; (3) “[ojther prohibited sale and rental conduct”; 24 C.F.R. § 100.70; (4) “[discriminatory advertisements, statements and notices”; 24 C.F.R. § 100.75; (5) “[discriminatory representations on the availability of dwellings”; 24 C.F.R. § 100.80; (6) “[b]lockbusting”; 24 C.F.R. § 100.85; and (7) “[discrimination in the provision of brokerage services.” 24 C.F.R. § 100.90. We note that loans and their enforcement are not mentioned anywhere within the comprehensive array of detailed regulations that comprise subpart B. Indeed, we also note that mortgage loans and their enforcement are not mentioned in subpart D of title 24 of the Code of Federal Regulations §§ 100.200 through 100.205, which effectuates 42 U.S.C. § 3604 (f) (3), the reasonable accommodations provision under the FHLAA.

In contrast to subparts B and D, subpart C of title 24 of the Code of Federal Regulations, §§ 100.110 through 100.148, contains ample references to loans and mortgages, and “provides the [secretary’s] interpretation of *563the conduct that is unlawful housing discrimination under” 42 U.S.C. § 3605. 24 C.F.R. § 100.110 (a).24 Sub-part C contains a multitude of detailed regulations addressing discrimination in loan enforcement, which proscribe: (1) “[discriminatory practices in residential real estate-related transactions”; 24 C.F.R. § 100.110; (2) “[residential real estate-related transactions”; 24 C.F.R. § 100.115; (3) “[discrimination in the making of loans and in the provision of other financial assistance”; 24 C.F.R. § 100.120; (4) “[discrimination in the purchasing of loans”; 24 C.F.R. § 100.125; and (5) “[discrimination in the terms and conditions for making available loans or other financial assistance.” 24 C.F.R. § 100.130. Thus, this inteipretive treatment by the secretary charged with the enforcement of the FHAA, in accordance with the statutory text and the otherwise silent legislative history, confirms that 42 U.S.C. § 3605 is the sole FHAA provision applicable to mortgage servicing and enforcement. We, therefore, disagree with the defendant’s claim that mortgage servicing and enforcement “otherwise make[s] unavailable or den[ies]” a dwelling or is a “[service]” in connection with a dwelling for purposes of 42 U.S.C. § 3604 (f) (1) and (2).

Having held that relief for claims of discrimination in the enforcement of mortgage loan agreements lies solely under 42 U.S.C. § 3605, we now turn to the defendant’s claim that she was entitled to reasonable accommodations for her disability. As previously discussed, the predicate for the defendant’s claim for accommodation is that, pursuant to 42 U.S.C. § 3604 (f) (3), failure to provide reasonable accommodations for individuals with disabilities constitutes impermissible discrimination. As noted previously, however, unlike § 3604, § 3605 does not contain a similar reasonable accommo*564dations provision. Thus, “[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” (Internal quotation marks omitted.) Russello v. United States, 464 U.S. 16, 23, 104 S. Ct. 296, 78 L. Ed. 2d 17 (1983); accord Vaillancourt v. New Britain Machine/Litton, 224 Conn. 382, 396, 618 A.2d 1340 (1993) (“[w]e are not permitted to supply statutoiy language that the legislature may have chosen to omit”). We, therefore, presume that Congress’ exclusion of “reasonable accommodations” language in 42 U.S.C. § 3605 evinces clear legislative intent not to include the failure to provide reasonable accommodations as a form of impermissible discrimination under that statute.

Indeed, we find particularly persuasive the recent decision of the Eighth Circuit Court of Appeals in Gaona v. Town & Country Credit, supra, 324 F.3d 1050. In Gaona, the plaintiff mortgagors, a deaf married couple, had defaulted on their mortgage loan and the defendant bank sought to foreclose. Id., 1052. The plaintiffs brought an action and claimed that the defendant, inter alia, had violated 42 U.S.C. § 3605 by failing to provide them with a sign language interpreter during loan negotiations. Id., 1052-53. In support of their claim, the plaintiffs cited 24 C.F.R. § 100.204,25 and claimed that the regulation was evidence of a general reasonable accommodations requirement under the FHAA. Id., 1056 n.7. The Eighth Circuit concluded that the regulation “does not apply to 42 U.S.C. § 3605, but rather to 42 U.S.C. § 3604 (f) (2) . . . which bars discrimination in sales *565and rentals, rather than loans . . . .” Id. The court concluded that the trial court properly granted the defendant summary judgment because the lender “did not refuse to transact business with the [plaintiffs], [They] received all required disclosures and notices, and there was no evidence that they were given inaccurate or differing information from that provided to other borrowers. Because 42 U.S.C. § 3605 does not define discrimination to include a lender’s refusal to make reasonable accommodations, [