This week, Connecticut’s House of Representatives and Senate extended Governor Lamont’s emergency powers through February 15, 2022. Governor Lamont then used his emergency powers to extend E.O. 12D—which requires landlords to complete an application for UniteCT before starting an eviction case for nonpayment, give a 30-day notice to quit for most types of evictions, and in other ways protects tenants from immediate eviction—through February 15, 2022.
The extension of E.O. 12D will keep some tenants in their housing while their landlords get paid. However, with 1,046 filings so far, September 2021 now has the highest number of residential eviction filings since March 2020 (March 2020 had 1,249 and February 2020 had 1,469). In addition, some landlords are avoiding the E.O. 12D requirement that they must apply for UniteCT before bringing a case for nonpayment by instead bringing cases for “lapse of time” (the term of the lease has ended).
These filing numbers do not include the people losing their homes to foreclosure. As the end nears for mortgage deferrals that were put in place in early 2020, thousands of homeowners in Connecticut are facing a multi-thousand dollar bill as paused mortgage payments come due. The concern for Connecticut is greater than elsewhere because, for years leading up to the pandemic, the state’s 90-day delinquency rate, the percent of consumers in Connecticut with mortgages 90 days or more past due, was the second-worst in the country and roughly double the national average, according to an analysis of data from the Federal Reserve Bank of New York.
The pandemic has made visible what used to be invisible to all but a few people. Families are losing their homes. The fact that they are not losing their homes in historically large numbers is not something to celebrate. Our communities are at risk and the number of people who will be with housing and in homeless shelters will grow. The extension of E.O. 12D, the UniteCT program, the opening of the Homeowners Assistance Fund, and the continued availability of mortgage forbearances is not enough. Landlords, mortgage servicers, and others involved in providing housing must recognize the crisis Connecticut residents face and be part of the solution.
Eviction and foreclosure numbers
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Eviction and foreclosure by the numbers
2021 eviction filings exceed number filed in 2020—From January 1 to September 30, 2020, landlords filed a total of 5,106 summary process eviction cases. To date, in 2021, landlords have filed 6,045. In addition, Connecticut courts have already issued more executions in 2021 (2,455) than in all of 2020 (2,196). Once an execution is issued, a marshal can serve the tenant with a notice that they must move out within 24 hours.
Racial and ethnic disparities continue: According to the latest data from the Household Pulse Survey, 38% of Latinx renters, 44% of Asian renters, and 66% of people of two or more races are not caught up on rent compared to 1% of white renters. In addition, 44% of Latinx renters and 92% of renters of two or more races have little or no confidence in their ability to pay rent next month compared to 24% of white renters.
For homeowners, 21% of Latinx homeowners and 25% of Black homeowners are not caught up on their mortgage payments compared to 5% of white homeowners. In addition, 12% of Latinx homeowners and 50% of Black homeowners have little or no confidence in their ability to pay their mortgage next month compared to 5% of white homeowners.
E.O. 12D which will expire on February 15, 2022 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 a flyer about the State’s UniteCT program 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.
Visit www.CTFairHousing.org/eviction for more information on what steps tenants can take to respond to eviction papers and access EO12D’s protections.
Call to action: Extension of E.O. 12D is a good beginning. However, the Center calls on the Governor, municipalities, the Connecticut Attorney General, the Judicial Branch, and housing authorities to do the following:
- Executive Order 12D must be modified to include the following improvements . The order must:
- Require all landlords with pending eviction cases to apply for UniteCT funds for any rental arrearage and withdraw the case if the application is approved;
- Automatically stay eviction cases and executions if a tenant or landlord applies for UniteCT (rather than waiting for the UniteCT applicant to affirmatively request a stay);
- Stay eviction cases and executions until the UniteCT application is fully processed and any payment is made (rather than a maximum of 30 days);
- Extend General Statutes Sec. 47a-23c’s prohibition on evictions except for good cause to all tenants for the duration of the executive order.
- The Connecticut Attorney General must clarify that a refusal to accept UniteCT is unlawful source of income discrimination and that failure to submit a complete UniteCT application prior to starting an eviction case for non-payment is also in violation of the EO;
- The CT Judicial Branch must hold a hearing before an execution issues for any case other than serious nuisance can issue. This is a last check to see if the tenant might qualify for UniteCT and avoid losing their home.
- Municipalities should mandate that all landlords operating in the town/city must participate in and accept UniteCT money, and state that a refusal to do so is unlawful source of income discrimination and that failure to submit a complete UniteCT application prior to starting an eviction case is also in violation of the EO.
- Housing Authorities must stay all evictions and executions.
There are no moratoriums in place for foreclosures. This means that any mortgage lender can file a foreclosure unless the homeowner is in forbearance.
Ability to request a forbearance extended indefinitely for some homeowners—Homeowners with Fannie Mae and Freddie Mac backed mortgage can request a forbearance at any time. Homeowners with FHA and VA mortgages may request a forbearance at least until the end of the COVID-19 national emergency. The ability to request a COVID forbearance of a USDA mortgage ended on September 30, 2021, but other options may be available.
A recent report shows that as many as 400,000 homeowners around the country will reach the end of their forbearance eligibility which will allow lenders and loan servicers to request that homeowners begin to pay their mortgage once again. Currently an estimated 1.71 million borrowers are in forbearance with unpaid balances of approximately $331 billion.
Shutoff moratorium ending for some utility customers — At 18-month moratorium that stopped gas, electric, and water shutoffs for nonpayment ended on September 15, 2021. However, service will not be shutoff if the customer has a financial hardship. To notify Eversource about a financial hardship and to request help, call 800-286-2828 (electric) or 800-438-2278 or go to www.eversource.com. To notify Connecticut Natural Gas about a financial hardship, call 860-727-3555. To apply for assistance to pay your utilities, go to https://portal.ct.gov/DSS/Economic-Security/Winter-Heating-Assistance/Energy-Assistance—Winter-Heating/Apply to find the nearest agency who can assist you.
Data with Dignity: People Behind the Numbers: This year’s Cross-Cultural Communications Symposium will examine the role data play in determining which communities get services, how race and culture concerns can be subjugated by numbers, how racial policies that have existed for decades are often rooted in analytical prejudice and bias, and why the analyses of data is often unexamined. We will also look at how vulnerable communities are further marginalized by a lack of access to culturally appropriate health, safety, and accessibility information. The event is being held in-person on October 22, 2021 from 8:30 am – 4:30 pm. Masks are required as well as proof of vaccination or a negative COVID test within 72 hours of attendance.
