Evictions cause poverty. In many cases, the disruption caused by an eviction may lead directly to loss of employment which results in reduced income which further diminishes access to quality housing. Children change schools, possessions are forfeited to high storage fees, an eviction record prevents families from relocating to decent housing in safe neighborhoods, pregnant women give birth prematurely to infants with low birth weights, and high rates of depression recur as long as two years after the move.

During the recently concluded legislative session, Connecticut passed a bill guaranteeing low-income tenants a right to counsel. However, that program will not be up and running until October 1, 2021, and even then, it will take time to implement it throughout the state. In the meantime, tenants are being evicted and the UniteCT program has approved payment for only 6.5% of the nearly 85,000 tenants who are behind on their rent.

A recent New York Times article demonstrates that much of the country is also facing an eviction crisis. However, there are several steps that Connecticut can take to prevent more families from falling into poverty:

  • The Legislature should allow the Governor to extend E.O. 12D beyond September 30, 2021. E.O. 12D has led to a drop in the number of eviction filings from 167 in the last full week of June to 64 during the week of July 19 after E.O. 12D took effect.
  • Expand options for applying to UniteCT.  Extremely low-income tenants (those most likely to be behind on rent) are least likely to have internet access.
  • Launch new efforts to reach tenants least likely to apply. Only 15.7% of the tenants who owe rent have completed an application for UniteCT.
  • Culturally relevant outreach makes a difference. This means advertisements in many languages; webpage links in many languages and not just the use of on-line, inaccurate translation tools; trainings in languages other than English; use of alternative media to reach non-white audiences; and door knocking with personnel who speak languages other than English. All of this should be supported and paid for by the emergency rental assistance program and not by the housing counselors and agencies doing the work.
  • Make payments directly to tenants who cannot stay in their homes will both prevent homelessness and get money to tenants more quickly.

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In today’s update:

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Eviction/mortgage delinquency statistics

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UniteCT Updates

Since March 15, 2021, when UniteCT began accepting applications:

  • 84,891 Connecticut tenants reported they were not caught up on rent while 75,958 reported they have no confidence in their ability to pay August rent.
  • 5,486 applications or 41% of the total fully submitted applications have been approved for payment of a rental and/or utility arrears. Nearly $43.2 million has been paid out or 10.8% of the total funding allocated to Connecticut;
  • 1,442 people have entered homeless shelters. Only 27.8% of those exiting shelter went into permanent homes;
  • Landlords have filed 2,930 new summary process (eviction) cases;
  • Courts have issued 1,307 executions—once a court issues an execution order, the landlord can hire a state marshal to remove the tenant and their belongings from the unit.

Racial and ethnic disparities continue: According to the latest data from the Household Pulse Survey, 49% of Latinx renters, 42% of Black renters, and 18% of people of two or more races who rent have little or no confidence they can pay next month’s rent compared to 11% of white renters.

In addition, 12.2% of Latinx homeowners, 15.8% of Black homeowners, 10% of Asian homeowners, and 12.5% of people of two or more races are not caught up on their mortgage payments compared to 5% of white homeowners.

Eviction and foreclosure moratorium status:

Connecticut Eviction Moratorium expired June 30, 2021. However, Governor Lamont has issued Executive Order 12D which has been extended through September 30, 2021. See below for details on the E.O. and the Judicial Branch’s efforts to implement that order.

The national Centers for Disease Control and Prevention’s eviction moratorium expires on Saturday, July 31, 2021. This protection only applies to tenants who cannot pay full rent or other housing payments because they have lost income or have very expensive medical bills. To receive this protection, you must provide your landlord with a signed copy of the CDC declaration form. More information about eligibility requirements and how to complete the CDC declaration is available here.

Current foreclosure moratoriums:

  • Fannie Mae and Freddie Mac: (essentially) until August 31, 2021
  • HUD, Department of Veterans Affairs, the Department of Agriculture: until July 31, 2021
  • CFPB’s 2021 Mortgage Servicing Covid-19 Rule: The CFPB Covid-19 servicing rule will implement a foreclosure moratorium from August 31, 2021, until December 31, 2021 that applies to most mortgages, not just federally backed mortgages. Under the rules, servicers can only start a foreclosure if the borrower:
  • Has abandoned the property;
  • Was more than 120 days behind on their mortgage before March 1, 2020;
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days; or
  • Has been evaluated for all options other than foreclosure and there are no available options to avoid foreclosure.

Tenants living in multifamily properties with a Fannie Mae or Freddie Mac backed mortgage cannot be evicted for nonpayment of rent through September 30, 2021. Additional tenant protections include not charging tenants late fees or penalties for nonpayment of rent and allowing tenants flexibility in repayment of back rent over time and not demanding a lump sum payment. Finally, landlords evicting for reasons other than nonpayment of rent must give a 30-day notice.

No foreclosure moratorium on mortgages that are not “federally-backed” or non-mortgage foreclosures: Homeowners whose mortgages are not “federally-backed” (except as they might be covered in the future by the CFPB Mortgage Servicing Covid-19 Rule) or who owe condominium fees, real estate taxes, or other real estate related taxes are not protected from foreclosure. Since January 1, 2021, 44% of all foreclosure actions filed were for non-mortgage foreclosures: 11% were filed by municipalities; 14% were filed by condominium associations; 15% were filed by private 3rd parties who bought tax and sewer liens from municipalities.

E.O. 12D and the Judicial Branch’s Implementation

Governor Lamont used his emergency powers to extend E.O. 12D to September 30, 2021. The order includes the following provisions:

  • Landlords must complete an application for the State’s UniteCT rental assistance program prior to delivering a notice to quit for nonpayment of rent. The UniteCT case number must be included on the Notice to Quit;
  • Landlords must give tenants a 30-day Notice to Quit if they intend to evict for nonpayment of rent, for lapse of time, or because the right to occupy a unit has terminated;
  • All Notices to Quit given for any reason must be delivered with information about the State’s UniteCT program and the federal CDC eviction moratorium in both English and Spanish;
  • Tenants have an opportunity to continue all terms of their rental agreement by paying outstanding rent within the 30-day Notice to Quit period;
  • If during any summary process (eviction) case, a UniteCT application is made, all proceedings in the summary process case must be stopped for 30 days or until a decision is made on the UniteCT application, whichever is earlier. If the UniteCT application is approved, the summary process case must be stopped until the UniteCT payment is made, and the summary process action is withdrawn or dismissed. 

To implement E.O. 12D, the Judicial Branch has instructed its Housing Court Clerks to review all residential non-payment notices to quit served between July 1, 2021 and September 30, 2021:

  • For the required UniteCT case number. Cases with defective notices to quit will be referred to the housing judge for dismissal or other action the judge deems appropriate;
  • To ensure that any notice has a quit date at least 30 days from the service date unless the notice is solely for serious nuisance;
  • To ensure that the notices were delivered with an English and a Spanish copy of the State of Connecticut’s UniteCT Flyer.

In addition, the Housing Court Clerks have been told:

  • If a clerk is notified of a pending UniteCT application prior to a summary process execution issuing, the clerk will ask the notifying party(s) to submit a written notification of the UniteCT application to the court for the judge’s review and entry of an order staying the proceedings. Clerks will not stop the application for an execution if the case is based solely on serious nuisance.
  • If an execution has already issued, the landlord and the tenant will be notified that an application for temporary injunction (audita querela) must be presented to the court for review and entry of an order stopping the move out. 

If during a mediation either the landlord or the tenant notifies the mediator that a UniteCT application has been submitted, then mediators will inform the judge about the application so that an order stopping the proceedings, which could include ordering a continuance of the matter for more than 30 days, can enter.

Help for tenants

What E.O. 12D means for tenants:

  • A landlord must complete an application for UniteCT before they send you a Notice to Quit for not paying rent. The notice must include the landlord’s UniteCT application number.
  • If you receive a Notice to Quit for any reason, the notice should include a copy of the UniteCT flyer in Spanish and English.
  • If you receive a Notice to Quit for not paying rent, you will have 30 days to pay the rent or apply for UniteCT. If all the back rent is paid within 30 days your, landlord cannot start an eviction case in court.
  • Any Notice to Quit for not paying rent or for lapse of time (meaning your lease was not renewed) must give you 30 days’ notice before your landlord can start a case in court.
  • If you receive a Notice to Quit, you never have to move out by the date on the notice. If you are still in the apartment after the date on the notice, your landlord can start a case in court to ask the court for permission to evict you.
  • If you have applied for UniteCT and you have to go to court do the following: 1) check the status of your application before you go to see if you have been approved; 2) have your UniteCT case number ready to share with the court; 3) tell the Judge or Mediator about your UniteCT application even if you have not been approved or you have not finished the application; 4) ask the Judge or the Mediator to pause your case for 30 days while you wait to see if UniteCT will pay your back rent.
  • You may also want to take a screenshot of your application status page and have that ready to share as well. If you have not yet applied for UniteCT, you must do so to receive the 30-day pause.
  • You can apply to UniteCT by going to https://portal.ct.gov/DOH/DOH/Programs/UniteCT. Write down your application number so you can share it with the court. Then notify your landlord by phone, email, and text that you have applied to UniteCT and ask them to complete their part of the application.

If the landlord refuses to participate in UniteCT, tenants should do the following:

  • Call the Connecticut Fair Housing Center at 860-247-4400 to do an intake. The Center is reviewing cases where the landlord refused to participate in UniteCT to determine if there is a violation of the Connecticut’s requirement that landlord’s accept housing assistance.

Apply for a security deposit and up to 12 months future rent to be paid to a new landlord through UniteCT.

Tenants whose landlords have a Fannie Mae or Freddie Mac mortgage have additional protections:

On July 28, 2021, the Federal Housing Finance Agency (FHFA) announced that tenants of multifamily properties with mortgages backed by Fannie Mae or Freddie Mac (the Enterprises) who are subject to eviction for nonpayment of rent must be given 30 days’ notice to vacate before the tenant can be required to leave the unit.

UniteCT Updates

DOH continues to make changes to the UniteCT program to meet the needs of tenants and landlords. Check the UniteCT website and the guidance on the program frequently to get the latest updates. Currently, tenants eligible for UniteCT are entitled to:

  • People with disabilities who need assistance filling out an application for UniteCT or with any other aspect of the program, should send an email to UniteCTReasonableAccommodation@ct.gov or call 1-844-864-8328 and ask for a reasonable accommodation such as someone to help fill out an application, or upload documents, or any other change in the application process or program that will help the person who is disabled participate in the program.
  • Applicants for UniteCT who live in census tracts where the majority of people have income at or below 80% of AMI are not required to upload any income documentation. The UniteCT pre-application will make the determination as to whether the applicants lives in a qualifying census tract.
  •  Applicants who receive benefits from Medicaid, SNAP, TANF, State Administered General Assistance (SAGA), and the state supplement will be eligible for UniteCT without additional income verification;
  • Tenants will now be eligible to receive up to $15,000 in rental arrearage payments for any rent owed after March 13, 2020 regardless of the number of months owed. If, based on the application, it is clear the tenant needs more than $15,000 to clear their arrearage, UniteCT will review the application and determine if additional funds will be paid;
  •  Landlords will not be required to write-off 15% of the rental arrearage;
  • If tenants are eligible for prospective rental payments through UniteCT, the tenant will not be required to contribute any rent for the first three months of prospective payments;
  •  UniteCT will provide benefits to tenants who live in public or subsidized housing. Anyone who has been denied benefits because they live in public or subsidized housing should contact doh-unitect@ct.gov immediately. At present, UniteCT staff are working with housing authorities to determine if there is a way for housing authorities to submit bulk applications on behalf of their tenants for the program;

The UniteCT mobile tech bus will be at the following locations for the week starting
August 2, 2021:

UniteCT’s tech bus provides the necessary technology to apply for rental assistance. Tenants and housing providers who may not have access to the technology required to complete an application for rental assistance are encouraged to visit the bus. To learn more about the bus please contact the host agencies. There are no stops scheduled for Monday and Tuesday, July 26 and 27, 2021.

Danielson, CT

When:        Monday, August 2, 10 am – 3 pm

Location:   Killingly Board of Education, 79 Westfield Avenue, Danielson, CT, 06239

Contact:     Tyra Bergstrom, tyra.bergstrom@accessagency.org, 860-207-0542

North Grosvenordale, CT

When:        Tuesday, August 3, 1 pm – 3 pm

Location:   TEEG, 15 Thatcher Road, North Grosvenordale, CT 06255

Contact:     Tyra Bergstrom, tyra.bergstrom@accessagency.org, 860-207-0542

Putnam, CT

When:        Wednesday, August 4, 10am – 3pm

Location:   New Hope Baptist Church (parking lot), 1100 Park Avenue, Bridgeport, CT 06604

Contact:     Tyra Bergstrom, tyra.bergstrom@accessagency.org, 860-207-0542

New Haven, CT

When:        Friday, August 6, 10am – 3pm

Location:   Junta for Progressive Action, 169 Grand Ave, New Haven CT

Contact:     Michelle Garcia, michelle.garcia@juntainc.org 

Torrington, CT

When:        Saturday, August 7, 1 pm – 3pm

Location:   Torrington Public Library, 12 Daycoeton Pl, Torrington, CT 06790

Contact:     Mya Saree’ Gray, mgray@nhswaterbury.org, 203.695.3389 

Help for homeowners

Connecticut is using federal Homeownership Assistance Funds to assist homeowner’s delinquent on payments: The American Recovery Plan included funding for homeowners in danger of losing their homes to foreclosure. Connecticut will receive approximately $123 million. DOH is working with CHFA to pilot a program with three mortgage services that will provide up to $20,000 in grants to homeowners whose income is at or below 80% of AMI and who are socially or economically disadvantaged. A pilot program is expected to begin in July 2021. The full program is expected to roll out in September 2021.

Fannie and Freddie expand use of interest rate reductions:  On June 30, 2021, Fannie Mae and Freddie Mac announced that they would expand their interest rate reduction programs. Flex Modification terms will be adjusted for COVID-19 hardships making interest rate reduction possible for eligible borrowers, regardless of the borrower’s loan-to-value ratio.

FHFA closes gap between Fannie and Freddie moratorium and CFPB servicing moratorium: On June 29, 2021, FHFA announced it would extend its moratorium to protect borrowers until CFPB moratorium starts. The CFPB Mortgage Servicing Covid-19 Rule prohibits servicers from making a first notice or filing for foreclosure in most cases covered by the rule before December 31, 2021. Servicers will still be able to make a notice or filing for foreclosure on abandoned properties and those that had a foreclosure referral prior to March 2020, along with certain other exceptions. CFPB’s final rule will take effect August 31, 2021.

CFPB issues rules to facilitate transition as federal protections expire: On June 28, 2021, the CFPB issued rules to transition as federal foreclosure protections expire. The rules take effect on August 31, 2021 and end on December 31, 2021. Under the rules, servicers can only start a foreclosure if the borrower:

  • Has abandoned the property;
  • Was more than 120 days behind on their mortgage before March 1, 2020;
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days; or
  • Has been evaluated for all options other than foreclosure and there are no available options to avoid foreclosure.

This protection applies to many, but not all, mortgages.

Foreclosure advice: The Center is holding Foreclosure Advice Virtual Sessions. Homeowners facing foreclosure can sign up for advice sessions over video or phone. These Sessions are in addition to the considerable number of videos and materials available at www.ctfairhousing.org.

Additional resources

Welfare liens on real property will be removed:  As part of legislation passed during the 2021 legislative session, the Department of Social Services is required to remove all liens put on any property as the result of the  receipt of Medicaid or cash assistance. In the past, DSS put a lien on any property (like a house or a condominium) owned by a client, former client, and legally liable relatives (someone who has a legal obligation to support someone who received benefits) who received Medicaid or cash assistance like TANF. The lien was equal to the amount paid in Medicaid or cash benefits. DSS can no longer put liens on property in an effort to recover any money paid out and any liens that are currently on any property must be removed. If you have a lien on your property, write to DSS at DSS.Resources@ct.gov.

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

Outreach:  To schedule trainings on COVID-19 protections for tenants, foreclosure prevention, fair housing or constituent outreach please contact Rashida Rattray, at rrattray@ctfairhousing.org