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June 17, 2020

Landlords sue Lamont over COVID rent, eviction rules

By Michelle Tuccitto Sullo

Landlords from Hartford and across the state have filed litigation against Gov. Ned Lamont over his April executive order aimed at preventing residential evictions during the COVID-19 crisis.

The plaintiffs in the action, filed in U.S. District Court Tuesday, own or manage residential rental properties in New Haven, Waterbury, Hartford, Meriden and Bristol. 

They include Auracle Homes LLC and FD Management LLC (Waterbury); Buckley Farms LLC, Haberfeld Enterprises LLC and 216 East Main Street Meriden LLC (Meriden); Orange Capitol LLC (Hartford); and BD Property Holdings LLC and Prime Management LLC (New Haven). Haberfeld also owns residential property in Bristol.

“The defendant [Lamont] has abused the position of his office by using the COVID-19 pandemic to illegally expand his power by unprecedented lengths, without any proper constitutional, statutory, or common law basis,” the lawsuit alleges.

In April, Lamont announced he had signed an executive order to protect residential renters struggling to pay their housing costs during the pandemic, to ensure they wouldn’t be evicted and would receive grace periods to pay their rent.

The order prohibited landlords from issuing notices to quit or beginning eviction proceedings before July 1, except in situations of “serious nuisance.”

Under the order, renters were to be given automatic 60-day grace periods for their April rent, and for their May rent, 60-day grace periods were to be given upon tenant request.

At the time of his order, Lamont said the protections would allow residents to stay safe at home, while prohibiting landlords from charging late fees or interest for nonpayment of rent.

“Residential renters need to have added safeguards during times of emergency like this — they have rights and we will see to it that they are protected,” Lamont said in an April press release announcing the order.

The lawsuit, filed by attorneys Craig C. Fishbein of Wallingford, Doug Dubitsky of North Windham and Cara Christine Pavalock-D’Amato of Bristol, claims Lamont’s executive order “illegally restricted the rights of the plaintiffs as landlords and property owners.”

"Our clients are disturbed at how landlords are being treated by the governor, and how government is stepping into private contracts," Fishbein said Wednesday via telephone. "Our clients are small business people, not millionaires. They are just trying to make a living and pay their bills themselves."

The plaintiffs assert that they have tenants who haven’t paid their rent, and they as landlords now have no remedy available to them.

The lawsuit alleges the order deprived the plaintiffs of their constitutional right to private contract, right to due process of law, right to equal protection under the law, and right against having their property taken for public use without just compensation.

The litigation seeks to have the order rescinded and also seeks compensatory and punitive damages.

State Attorney General William Tong, whose office represents the state in civil actions, issued the following statement in reaction to the litigation: “Our state constitution and state laws grant the Governor broad authority to protect Connecticut residents and families in a public health emergency, and his executive orders have been very clearly constitutional and fully legally justified.”

David Bednarz, a spokesman for Lamont's office, declined to comment on the litigation.

This story has been updated to include additional comments

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