Update: The United States Supreme Court ended the national moratorium on evictions which was implemented by the CDC. The Federal Eviction Moratorium was meant to run through October 3, 2021, but with the ruling the federal moratorium has ended. The Supreme Court found that the federal government didn’t have the power to order such a ban and that the CDC had exceeded its authority by doing so.
Everyone needs to keep in mind, however, that even though the federal moratorium has ended by Court ruling, the States, including Connecticut, has implemented its own set of rules, conditions precedents or quasi moratoriums for eviction matters that have not been changed, modified or terminated by this US Supreme Court ruling.
Technically, the Connecticut eviction moratorium ended on June 30th, but there are additional safeguards that have been put in place that can essentially act as a moratorium to the eviction process.
Pursuant to the Governor’s Executive Order #13, signed on July 19, 2021, the majority of the remaining COVID-19 orders were allowed to expire on July 20, 2021. However, said order extended certain Executive Orders through September 30, 2021. This includes Executive Order 12D, which requires that prior to delivery of a Notice to Quit in a non-payment of rent case, the landlord must apply to UniteCT, the State of Connecticut’s program to implement the emergency rental assistance programs established by the American Rescue Plan. The subsequent Notice to Quit must have the case number in it.
Additionally, under this new Connecticut safeguard, the Notice to Quit must give a tenant, regardless of the reasoning for the eviction, at least thirty (30) days before the time specified in the notice for the tenant or occupant to quit possession and vacate. Whereas a Notice to Quit, if done correctly, unequivocally terminates a tenancy, now, the tenant or occupant has a right to cure the deficiency for thirty (30) days. Only after the 30 days has expired and the tenant or occupant has not remedied any non-payment and neglects or refuses to quit possession or occupancy of the premises a Writ Summons and Complaint may then be served on the tenant/occupant.
Any Notice to Quit on a residential eviction case must have with it an English and Spanish copy of the State of Connecticut’s UniteCT flyer. Finally, if during the eviction action an application is made by any party to UniteCT, the proceedings of that eviction action will be stayed for thirty (30) days or until a decision is made on said application, whichever is comes first.
Today, an eviction action is a winding road with many pitfalls. For more information or guidance on eviction actions in Connecticut, contact Vincent J. Averaimo at 203-874-6773 or by email.
