December 10, 2020 

The Connecticut Fair Housing Center makes a commitment to fight on because too many people depend on us and our ability to fight for them. Neither the outcome of an election nor the spread of a deadly virus alters the fact that discrimination continues, and people are on the brink of losing their homes. Your support is needed now more than ever as we must fight on.  

Since the pandemic began on March 10, landlords have taken steps to move tenants out: 

• Landlords have filed 2,540 new summary process (eviction) cases in court. 
• Courts have issued 564 Executions—Once a court issues an Execution, the landlord can hire a marshal to remove the tenant and their belongings from the unit. 

What happened since December 3, 2020: 

Stratford tenant gets time to move: On the morning of December 4, a marshal was scheduled to forcibly remove a Stratford tenant from her home, even though she was sick with Covid-19. With the marshal waiting to move the tenant out, the Center went to court to seek emergency relief. Meanwhile, community members, tenant organizers, and allies gathered outside the tenant’s home, calling for the state to halt the eviction of people with COVID-19. The judge ordered the marshal not to force our client out while the parties tried to resolve the issue. Our client had been paying some money to the landlord since she lost hours at her job and then was laid off, but she had not been able to pay the full rent. Our client had not found any information about TRHAP or the CDC moratorium until speaking with the Center, and her unemployment application had still not been approved. On December 9, the tenant and landlord reached an agreement that gives our client through the end of January to secure new housing. 

Advocates request an extension to the eviction moratorium: On December 4, a coalition of Connecticut housing advocates wrote to Governor Lamont asking him to extend the state’s eviction moratorium through at least March 1, 2021 and dedicate at least an additional $100 million to the state’s emergency rental assistance program. A recent study by the National Low Income Housing Coalition predicts that between 66,000 and 133,000 Connecticut households are at risk of eviction, with families of color disproportionately likely to face eviction. 

TRHAP program closed: On December 3, DOH closed the TRHAP program to new applications from tenants and landlords in need of assistance. It is not expected to open again before December 31, 2020. 

Looming eviction epidemic likely to disproportionately affect people of color: While it has been clear for some time that COVID-19 disproportionately harms communities of color, the looming epidemic of evictions is also likely to burden nonwhite people most heavily. Prior to the pandemic, studies of various cities found that 80 percent of those facing eviction were from nonwhite households. In fact, Black households were more than twice as likely as white households to be evicted. But by far the most vulnerable are Black women, one out of five of whom report having experienced eviction and who, in many states, face eviction filings at double the rate of white renters.  

Yale study finds COVID-19 afflicts children of color at higher rates than white children: Similar to trends seen in adults, COVID-19 disproportionately impacts Black and Hispanic children, according to a new study from researchers at Yale University. The study which looked at more than 250 cases from hospitals in Connecticut, New York and New Jersey, found that nearly three-quarters of all children hospitalized with serious cases of the virus were Black or Hispanic. Of those cases, 51% were Hispanic, while 23% were Black, researchers discovered. 

Media reporting on end of eviction moratorium:  Several media sites in Connecticut have begun calling the public’s attention to the end of eviction moratorium and the advocates who are calling on Governor Malloy to extend the moratorium. NBC CT reported on the potential for thousands of evictions starting on January 1, WTNH gave tenants a report on what the end of the eviction moratorium could mean for them, and Telemundo interviewed a local resident, ULA, and the Center on the impact of the moratorium’s expiration on Latinx and undocumented communities. 

Studies show impact of eviction on COVID-19 infection and mortality rates:  Two recently published studies evaluated the recent pandemic and its effect on tenants. In the first, covering the period March 13 – September 3, researchers found: 

• After 10 weeks, states lifting their eviction moratoriums had infection rates at 1.6 times the rate of states that did not lift their moratoriums; 
• After 16 weeks. states lifting their eviction moratoriums had infection rates at 2 times the rate of states that did not lift their moratoriums; 
• After 7 weeks, states lifting their eviction moratoriums had mortality rates at 1.6 times the rate of states that did not lift their moratoriums; 
• After 16 weeks, states lifting their eviction moratoriums had mortality rates at 5.4 times the rate of states that did not lift their moratoriums. 

In the second study, researchers analyzed the public health and social science research on infectious diseases, COVID-19, and eviction outcomes and concluded that eviction during the pandemic increases health inequity among people of color. Eviction moratoria and supportive measures (like rent relief and legal counsel) are critical to preventing the spread of COVID-19.   

Modifications to Connecticut’s eviction moratorium hurts tenants: On October 20, Governor Lamont issued Executive Order 9H. Instead of ensuring that the eviction moratorium covers most tenants, the latest order places limits on the reach of the eviction moratorium at a time when the number of COVID-19 cases are increasing to levels not seen since early in the pandemic. There is a high risk that tenants and landlords will be confused about the reach of existing protections, and that some landlords will resort to intimidation to get tenants out.   

• What Executive Order 9H does:   
• Extends the Connecticut eviction moratorium to December 31, 2020 for some tenants; 
• Requires landlords to serve a CDC declaration in both English and Spanish with any Notice to Quit permitted by E.O. 9H, except Notices to Quit for serious nuisance; 
• Requires that any Notice to Quit or Complaint for a rental arrearage equal to or greater than six months’ worth of rent due on or after March 1, 2020 state the amount of the rent arrearage, the months for which rent was unpaid, and the amount unpaid for each of those months;  
• Requires that any Notice to Quit for rent due on or before February 29, 2020 specify and recite the period of nonpayment; and 
• Requires that any Notice to Quit based upon the bona fide intention by the landlord to use the unit for the landlord’s principal residence state that reason and specify the lease’s expiration date. 

• What Executive Order 9H does NOT do: 
• It does not prohibit landlords from starting an eviction court case if the tenant a) owes rent that was due on or before February 29, 2020; b) owes six or more months’ worth of rent that was due on or after March 1, 2020; c) has created a serious nuisance; or d) has a lease that expired and the landlord has a bona fide intention to use the unit as the landlord’s primary residence; 
• It does not stop the courts from holding court proceedings and issuing Executions in cases that were filed before the Connecticut moratorium began, and in cases that are not covered by the Connecticut moratorium. 

What should tenants do? 

Tenants may not be covered by the Connecticut moratorium for various reasons, including that (1) their landlord filed an eviction case before the Connecticut moratorium began on April 10, 2020; (2) they owe rent that was due on or before February 29, 2020; (3) they owe six or more months’ worth of rent due on or after March 1, 2020; or (4) their lease has expired and the landlord has a bona fide intention to use the unit as the landlord’s primary residence.  

• CDC Moratorium: Tenants not covered by the Connecticut moratorium may still qualify for the federal CDC moratorium if they cannot pay their full rent or other housing payments because someone in their household lost income or has very expensive out-of-pocket medical bills. However, the CDC moratorium’s protection is not automatic and it only extends through December 31, 2020. Tenants should begin by carefully reading the requirements a tenant must meet to qualify for the CDC moratorium. If every person over 18 in the household meets the requirements, then each of those people should fill out a CDC declaration and give each declaration to the landlord. Information about the declaration and how to create one is also available in Spanish. In addition, there are online forms here and here that can generate the CDC declaration. A summary of both the Connecticut and CDC moratoriums is available here. 

• Remote Court Dates: Courts are scheduling remote trials, hearings, and mediations. Tenants should receive a notice from the court when a court date is scheduled. Tenants can also confirm if they have an upcoming court date by looking up their case on the Judicial website. Once on their case page, they can also sign up for email alerts about their case. If a court date is scheduled, tenants must attend either by video or phone—even if they have already given their landlord a CDC declaration. Tenant should make sure to send their email address and phone number to the email address listed on the court notice so that the court can send them a link to join the meeting via video or phone.  

• Responding to Eviction Papers: Tenants should not ignore eviction papers, filing deadlines, or notices about remote court events. Courts have begun entering Default Judgments against tenants who fail to file forms on time or attend remote court events. Once a Default Judgment is entered, the landlord can ask the court for an Execution. An Execution gives the landlord permission to hire a marshal to remove the tenant. Learn more about the eviction court process here. 

Assistance for people without legal status: The State’s rental assistance program for people without legal status is still open. To access this assistance, tenants should contact Connecticut Institute for Refugees and Immigrants (CIRI) at 1-203-612-5464 or rentalassist@cirict.org. More program information is available here, and a Spanish-language webinar is available here.   

211: Additional government assistance may be available through programs administered by local organizations and municipalities. Tenants may call 2-1-1 to confirm what rent and housing assistance is available in their area. 

Mortgage Foreclosure 

Homeowners have until December 31, 2020 to request a forbearance on FHA loans—Homeowners can still request forbearances if they are unable to pay the mortgage as the result of a loss of income due to the COVID-19 pandemic. However, as of now, the ability to request such a forbearance ends on December 31.  

Delinquencies at 80% of the Great Recession peak: A report from Black Knight shows that 90-day delinquencies in September were within 80% of their Great Recession peak. These delinquencies are particularly high among FHA borrowers, who are disproportionately Black and Latinx, and FHA delinquencies overall are particularly high in Fairfield and New Haven Counties. 

Affidavit required for foreclosure filings:  On September 24, the Judicial Branch issued a Standing Order that prohibits any foreclosure action from being filed or moving forward unless the bank or mortgage company files an affidavit stating that the loan is not a federally backed mortgage, is vacant, or is not in forbearance. If the affidavit is not filed with the Court, then the case may be dismissed.  

Judicial Branch is scheduling remote hearings in foreclosure cases:  Since the week of September 14, the Judicial Branch has been scheduling hearings in foreclosure cases where an Execution has been requested, a hearing or status conference if necessary, and, in some circumstances, where the foreclosure has not proceeded as quickly as the court would like. If a hearing has been scheduled, the homeowner is supposed to receive notice from court staff providing instructions on how to participate in a remote hearing either by video or phone. In some Judicial Districts, courts are providing only a few days’ notice to homeowners of a foreclosure judgment hearing.  

What should homeowners do? 

Foreclosure advice: The Center is holding Foreclosure Advice Virtual Sessions. Homeowners facing foreclosure can sign up for advice sessions over video or phone, and get some individualized questions answered in a way that they could at our in-person clinics or through the Judicial Branch’s Volunteer Attorney Program that we regularly staff during non-pandemic times. The program has been used by dozens of homeowners from across the state since it began this summer. Homeowners can sign up, answer a few short questions, and be set up with an appointment. These Sessions are in addition to the considerable number of videos and materials available at www.ctfairhousing.org. 

Apply for T-MAP online:  The number of successful applications for the State’s TMAP program remains low. TMAP now has an on-line application in English. It has not yet been translated into Spanish. To apply for assistance by telephone, call 1-860-785-3111. For more information about the program, click here 

Utilities must continue to offer payment plans to customers:  Utilities must now extend the availability of the 24-month COVID-19 payment plans until February 9, 2021. Any customer can call their utility company to set up a payment arrangement. COVID-19 payment plans are: 

• Available to any customer requesting financial assistance, without demonstrating financial need; 
• Require no initial or down payment; 
• Can be up to 24 months in length; 
• No fees or interest in the calculation of the monthly payment amount; 
• Facilitate the repayment of the past due balances in addition to the customer’s current monthly bill. 

Importantly, any customer enrolled in a COVID-19 Payment Plan who is current with their payment terms cannot be disconnected even after the shut-off moratoriums have concluded. 

We have heard of the following problems:   

• Tenants infected with COVID-19 face being forced out of isolation through their landlords use of a court-issued Execution. 
• Local health departments believe they have no ability to do anything to stop the spread of the virus in an eviction case; 
• The attorney for the State Marshal’s office believes that they cannot stop an eviction that has been authorized by a court even if the eviction would spread COVID-19; 
• State marshals report they have removed tenants who are COVID+ from their homes; 
• A state marshal reports that he did not know about the CDC declaration; 
• Clerks’ offices do not allow self-represented tenants to file emergency applications with the court electronically, even if the tenant has COVID-19; 
• Attorneys and tenants are experiencing wait times of over half an hour when they call Superior Court Clerks’ Offices; 
• Landlords and tenants report that they did not know about the TRHAP program, which is now closed until at least December 31; 
• Tenants participating in remote mediations are agreeing to stipulated judgments they do not understand because they cannot read the written agreement on their phones; 
• Tenants who are unable to access the Teams platform used for remote hearings and mediations can only participate by audio; 
• Tenants who are only able to participate by audio are not able to see what is happening and do not know what to do once they connect; 
• Tenants who do not have access to a phone or computer are not given an in-person option, so they are unable to attend. 
• Tenants do not know how to install the Teams app; 
• Tenants do not have enough space on their phones to download the Teams app; 
• Downloading the Teams app takes a very long time, and often the program closes before the full download occurs; 
• Tenants are given only 5 days’ notice of a remote hearing; 
• Tenants are not receiving mail in a timely manner, so they only receive notice of the hearing after they’ve already missed it; 
• Hearing and mediation notices are not translated for people with limited English proficiency; 
• Tenants receive notice of the remote hearing, but the notice does not include the date and time of the hearing; 
• Tenants who receive notice of hearings and mediations do not understand that they must give the court their email address to receive access to the hearing; 
• Tenants in receipt of a court event notice send in their email address as instructed but never receive an email with the link to link to join the meeting via video or phone;  
• Hearing notice emails that include the phrase “do not delete” are deleted once the hearing is accepted; 
• Judges are not asking court personnel if tenants were ever contacted by the Court regarding notice of the hearing; 
• Judges are not determining if the landlord has received a CDC declaration; 
• Mediators are not determining if the landlord has received a CDC declaration; 
• Tenants who have given their landlord a CDC declaration are challenged by landlords who say the declaration is untruthful; 
• When an attorney for the landlord did not show up, the Court called him and allowed him to join the remote hearing late. No calls are made to tenants when they do not appear on time; 
• Some marshals refuse to let lawyers and tenants into courthouses to file documents; 
• Some courts fail to provide a means for lawyers and the public to observe hearings. 

Outreach: 

• Public Official Outreach: Center staff continue to participate in Facebook Live, community Zoom meetings, and tele-townhalls with legislative officials. If you would like our assistance reaching your constituency, please contact our outreach coordinator rrattray@ctfairhousing.org. 

• Staff continue to hold fair housing trainings and COVID-19 eviction and foreclosure prevention resource workshops via Zoom with social service agencies, direct service providers, community groups, and invested stakeholders. If your agency would find a short resource webinar or fair housing training helpful during this crisis please contact Rashida Rattray, the Center’s Education and Outreach Coordinator, at rrattray@ctfairhousing.org 

Resources for tenants and homeowners:  

• Click here for more information on the Connecticut and federal CDC moratoriums.   
• Click here to understand current rights for homeowners in Spanish and English.  
• Click here to understand how fair housing can protect you during the COVID-19 crisis. (Our guidance is now available in 11 languages.)  
• Need to have your subsidized rent recalculated due to income loss? The Rent Recalculation Request tool can be accessed here in Spanish and English. 
• To sign up for our weekly update fill out the form here.  

More COVID-19 resources can be found on our website here. 

FOR MORE INFORMATION ABOUT YOUR FAIR HOUSING RIGHTS IN ENGLISH, SPANISH, MANDARIN, VIETNAMESE, FARSI, RUSSIAN, ITALIAN, KREYOL, ARABIC, KHMER, AND TAGALOG, CLICK HERE.  

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