Governor Lamont’s Executive Order 7X dated 04-10-2020 Addresses Evictions and Real Estate Proceedings During COVID-19 Crisis
On April 10, 2020, Connecticut Governor Lamont issued Executive Order 7X, the stated purpose of which is to minimize eviction proceedings during this period of economic disruption and allow residents to comply with prior public health orders to remain in their homes or residences. The complete text of E.O. 7X can be accessed here. The following is a summary of its key provisions:
- Residential landlords are prohibited from serving new notices to quit or summary process (eviction) complaints in connection with residential leases prior to July 1, 2020, except for in cases of serious nuisance (as defined under Sec. 47a-15). Returns of previously served summary process complaints are also prohibited during this timeframe.
- Rent becoming due and payable under a residential lease in April or May 2020 can be paid within 60 days of becoming due and payable without default. During the 60-day period, landlords may not:
- issue a notice to quit;
- serve or file any summary process;
- impose any late fees, interest or penalties;
- report the rent as late to any credit bureau or tenant screening service; or
- “otherwise retaliate against the tenant”
(Note that these restrictions also apply to residents in mobile manufactured home parks as defined in Sec. 21-64)
- In the event of unemployment, significant loss in revenue or increased costs as a result of the COVID-19 pandemic, residential tenants who are not enrolled in the security deposit guarantee program can request that a landlord apply any security deposit in excess of one month being held against rent coming due in April, May or June, 2020; provided that a landlord who complies with such a request cannot demand that the security be restored earlier than “the later of the end of the public health and civil preparedness emergency declared on March 10, including any period of extension or renewal, or the date the rental agreement is extended or renewed.”
- Tenants remain liable for unpaid rent and remain obligated to comply with the terms of their residential leases and relevant laws.
- Landlords remain obligated to comply with the terms of the residential lease and relevant laws.
As of now, there is no moratorium on serving notices to quit or commencing summary process actions on commercial leases. However, with the State courts only handling limited business, these matters are not proceeding at the normal pace.
Pullman & Comley attorneys are actively monitoring the legal implications of COVID-19 for businesses, municipalities, educational institutions and individuals. Please visit https://www.pullcom.com/newsroom-publications-FOCUS-Responding-to-COVID-19 for our latest advisories.