January 2021 Edition

The Eviction Moratorium Has Been Extended Once Again

By Governor Lamont When Will It Be Lifted?

How Often Should You Re-Shop Your Homeowners Insurance?

January Edition

Published by:

FEATURED ARTICLES Page: Realtor Report - Real Estate Prices in CT Set To Continue Increasing in 2021: Sales of single-family homes were up by nearly two-thirds from a year ago and look like they’ll continue to climb into the new year.

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Insurance Insights - How Often Should You Re-Shop Your Homeowners Insurance?: Do you shop for your homeowners insurance yearly? Bi-yearly? Here are some things you should know about looking around for a policy.

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News & Views From The Capitol - CT Eviction Moratorium Being Extended: Governor Lamont has extended the Eviction Moratorium yet again, it now expires February 9th.

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Property Management Tools, Tips & Techniques - 10 Tips For Renting Success: Matthew Hughes, Broker of Farm River Property Management offers some tips for renting success.

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Page: Financially Speaking - 10 Real Estate Market Predictions For 2021: A predicted outlook for the Real Estate Market for the New Year.

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Get Energy Efficient - Energy Saving Tips: Winter is almost upon us! You should do everything you can to save energy and money at your home.

You’ll find some useful tips in this article on energy savings!

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The Legal Corner - Going Buggy: Bedbugs are one of the many things a landlord dreads. Attorney Michael H. Clinton breaks down House Bill Number 5335, Public Act Number 16–51 entitled, “An Act concerning the Rights and Responsibilities of Landlords and Tenants Regarding the Treatment of Bedbug Infestations which was enacted on May 26, 2016.

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Publisher’s Message “ Helping Property Owners Since 1994” - Bob De Cosmo, President

It’s a New Year, with a new Legislature but we’re all still fighting that same old virus, oh well, 2 out of 3 isn’t bad!

Bob DeCosmo began purchasing and managing rental real estate in 1982 and is a strong advocate for private property ownership right's in Connecticut.

Published by CTPOA Our goals; Educate our members on “Best Practices” for maximum efficiency.

Increase profitability by lowering operating expenses via vendor discounts.

Provide access to “Core Services” needed to better manage and maintain properties.

Our Team: Carmine DeCosmo Melissa DeCosmo Paul Jenney

Over the past several months we have been formulating plans for 2021 and are now fully engaged in pursuing them. Over the next few months, we will be developing new landlord groups where none exist and trying to get new members into existing groups both here in Connecticut and also in Massachusetts.

Our role has evolved from its focus on legislation to be a facilitator for local property owner groups. To do so, we have purchased data that provides us with info on every property owner that has been in housing court or purchased a multi-family property in Rhode Island, Massachusetts and Connecticut in 2020. We will also receive weekly updates on both sales and evictions for 2021 so we have quite an extensive list of leads to contact.

In essence, CTPOA will try to bring the property owner community together around education and cost saving benefits while acting in a supportive role for John Souza and the CCOPO team that is taking the lead on legislative issues at the Capitol for 2021.

Speaking of the CCOPO organization, what a great combo they have for their lobbyist team with Mike Rell and Jim Amann. Those two guys really do a terrific job and get things done at the State Capitol. With a strong inside game in Hartford and many new landlord members getting involved with local property owner groups engaging in grass-roots lobbying of their own legislators, we believe that Connecticut property owners will make inroads into the policy making process and produce favorable results.

I am optimistic about the future and thankful that 2020 is now in the rear-view mirror. I am also very much looking forward to my new role as the "old man" in the property owner association world and eager to help this team of passionate property owners work to protect the housing industry while we continue to grow our network across the region.

Bob DeCosmo President, CTPOA

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Study: Real estate prices in CT set to continue increasing in 2021 Article By: Alexander Soule from CTPost.com

The Greenwich-Bridgeport corridor will see one of the half-dozen biggest increases in home prices in the nation next year, according to a Realtor.com study of the 100 largest metropolitan regions.

On the heels of a huge real estate market driven by an escape from cities during the COVID-19 pandemic, Realtor.com is projecting a 7.8 percent increase in prices next year for the coastal Fairfield County region. Silicon Valley was tops with a forecast 10.8 percent gain, followed by regions centered

by Seattle, Boise, Idaho; Fresno, Calif.; and San Francisco.

Connecticut real estate contracts and closings remained at record levels in November compared to prior years, according to a Thursday report by William Pitt Sotheby’s International Realty based in Stamford. At $554,000, the price of the median home sold in Fairfield County was up 24 percent from the equivalent home sold in November 2019, William Pitt Sotheby’s determined.

Sales of single-family homes were up by nearly two-thirds from a year ago, with houses under contract up 28 percent from November 2019.

Heading further east along Connecticut’s shoreline as far as Stonington, November sales volume was up 36 percent but pending sales were flat, though the houses being sold were at far higher price points than a year ago.

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That was the case throughout Connecticut, with dollar volume more than double in Fairfield County for closed sales in November, and the value of pending contracts up 78 percent. After listing his Round Hill mansion in Greenwich for $47.5 million, fashion designer Tommy Hilfiger found a buyer in mid-November.

Houses continued to come onto the market entering December, off a big November for new listings up 30 percent from a year ago.

“More upper-end homes are coming on the market,” said William Pitt Sotheby’s CEO Paul Breunich on Thursday.

“People are realizing ... we are in an unprecedented demand cycle.”

If the holidays will tap the brakes on home sales, Breunich expects the market to pick up in January where it left off, regardless of any cold snaps or heavy snowfall which ordinarily can push back new listings.

Breunich confirmed that many sellers are listing at aggressively high prices, at the outset after agents fielded multiple concurrent bids on many properties last year.

If pushing the cost of purchasing a home up for buyers with limited resources, on the plus side the Federal Reserve is expected to keep interest rates flat to boost the recovery from the pandemic, making mortgages more affordable over the duration of their terms. On Thursday, Freddie Mac reported a record low of 2.71 percent on average for a 30-year, fixed rate mortgage.

“That’s what’s beautiful about capitalism — the market doesn’t lie,” Breunich said. “Demand is exceeding supply — but you can see more supply coming on.”

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Article By: Pat Howard from policygenius.com

How often should you re-shop your homeowners insurance?

You should shop around for homeowners insurance on an annual basis to make sure you’re not missing out on a better deal with a different company.

anyway to see if you’re missing out on a better deal with a different company.

Why you should shop around for h omeowners insurance every

year.

It’s become increasingly common for Homeowners insurance is a type of financial companies to reevaluate rates and change the cost of policies on an annual basis. The protection that people often forget about industry is operating with tighter-than-ever after buying a home. Insurance premiums are occasionally included in your margins in recent years due to record insurance payouts from wildfires and other monthly mortgage payment along with climate change-influenced catastrophes. As principal and interest, property taxes, and a result, it’s likely your premiums will go up, mortgage insurance — for some, homeowners insurance is a “set it and forget too.

If your premiums jumped more than 10% (for it” type of thing. example, $1,000 to $1,100), consider reBut did you know that you should re-shop shopping your policy to see if you can find a lower rate with a different company. your homeowners insurance policy Shopping around and comparing policies annually? If your premiums went up more could save you hundreds of dollars on than 10% at renewal, you’ll likely find coverage at a lower rate if you shop around coverage annually. and compare policies from multiple insurance companies. If your rates didn’t increase that much, consider re-shopping

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What’s the best way to re-shop?

When you reshop homeowners insurance, you’ll want to make sure you’re casting a wide net and evaluating policy cost and coverage from both large and small companies. The best way to do this is by working with a broker, or independent agent who works with multiple insurance companies. But be sure to find out upfront how the broker is compensated — it’s possible they’re earning a commission for selling policies from a particular carrier with subpar coverage.

Common misconceptions about changing insurance companies

not uncommon.

If you were recently notified of a policy exclusion at renewal or you find that your home is insured for below its replacement cost , compare your coverage with other policies and see if you can find more comprehensive protection elsewhere. If you have to pay a little more to ensure your home is fully covered, it’s probably worth it.

Sticking with the same company gets you lower rates A common misconception about insurance is that sticking with the same company means lower rates. In some cases, that might be true. Maybe you’re a long-term customer receiving a loyalty discount or multi-policy discount for bundling your home and auto insurance. But it’s also possible that those discounts are being offset by the high initial rate you’re paying for coverage.

Re-shopping takes too much time

Re-shopping is only about lower rates

In a survey from Policygenius last year, we found that the biggest reason policyholders don’t re-shop is because they think it takes Re-shopping homeowners insurance too much time. In reality, that couldn’t be shouldn’t always be about lowering the cost further from the truth. If you have your — you’ll also need to re-shop if your policy is existing policy’s declarations page on hand, being nonrenewed or if a particular peril is re-shopping can take as little as five being excluded in the upcoming term. minutes.

The industry’s declining profit margins have led companies to take on less risk in areas Consider re-shopping your homeowners where disasters or insured losses are insurance with Policygenius to get expert common. Many insurance companies in advice, quotes from multiple insurance California, for example, will exclude wildfire companies, and an impartial coverage damage from coverage or are no longer recommendation. Our agents will help you insuring homes in wildfire-prone areas select a policy that’s right for your home, altogether. Wind and hail exclusions in handle all of the paperwork, and switch your coastal areas and roof exclusions are also coverage.

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CT Eviction Moratorium Being Extended Again Article By: Rich Scinto from patch.com The state's eviction moratorium was set to expire Jan. 1, but Gov. Ned Lamont said he would extend it to Feb. 9.

CONNECTICUT — Gov. Ned Lamont announced that he would extend the state's eviction moratorium from Jan. 1 to Feb. 9.

Lamont's expanded emergency powers are set to expire on Feb. 9.

They were due to expire in September, but were extended after a legislative committee voted on a party line basis to not block the extension.

"That non-eviction gives us more time, say another five, six weeks at minimum, unless the legislature would like to extend it, to allow landlords and tenants to negotiate a way that people get to stay in their homes," Lamont said at a Friday news conference.

Congress is expected to vote on another coronavirus relief bill Friday or this weekend; Lamont expects rent relief to be part of it.

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There are more than 107,000 people in Connecticut who say they are behind on rent payments, according to the National Low Income Housing Coalition. The CT Fair Housing Center estimates the number could be closer to 200,000.

Connecticut's eviction moratorium was set to expire Oct. 1, but it was extended to Jan. 1. The moratorium applies to tenants who were up-to-date on their rent payments before the pandemic and have made an effort to pay at least a portion of their rent since.

Lamont authorized $40 million of its federal CARES Act funding for a temporary rental housing assistance program that paid landlords on behalf of their tenants. Another $10 million was earmarked for mortgage relief assistance for homeowners. ____________________________________________________________ The NLIHC (National Low Income Housing Coalition) has a searchable database and map which allows some renters to identify if their home is covered by the CARES Act Eviction Moratorium. To view the database, click here.

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By: Matthew Hughes, Owner/Broker of Farm River Property Management LLC

1) Make sure that you meet the requirements Landlords are able to set requirements for their rental units. However they can get in trouble for making exceptions on a case by case basis. Make sure that you meet the various requirements necessary to rent the apartment. This will save you time and help the landlord continue to provide housing. Landlords have strict laws that they need to follow insofar as discrimination is concerned. If you do not meet credit or income requirements for their property they can not make an exception without putting themselves into danger of violating federal and state law.

2) Make sure that the unit is big enough It is best to see the unit in person in order to get a good sense of the space.

Make sure that the bedrooms are spacious. Never underestimate the need for closet space. The floor plan is very important — a coherent floor plan can demand a higher rent. It may be appealing to squeeze people into a smaller unit, however this could cause issues with the neighbors and the landlord in the long run.

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3) The devil is in the details Where can you park? Can you paint? Can you store things in the basement? If there is an issue who do you call? It’s important to remember that the tiny issues make seem tiny, but they will be impactful and any miscommunications can hinder the landlord/ tenant relationship. Your time to ask questions is before signing the lease.

4) Make sure that the unit is in a convenient location Remember to look at the unit in relationship to public transportation, access to highways, and main roads. While neighborhood amenities are important, ease of commuting to and from work are also important. Some neighborhoods in cities are less desirable just because they are inconvenient.

5)Look at many apartments in your market to compare rents.

A landlord has a lot of discretion in setting rental prices. However landlords — as much as they like to think so — are not infallible. Make sure to review comparable properties before setting up viewings. Finishes and newer appliances can go a long way, and in today’s competitive rental market landlords really need to do a lot to get the tenant’s attention. Also pay attention to Days On Market, much like a property for Sale, if a unit is vacant for too long there is an problem — most of the time it is the price.

6) Utilize as many sites as possible The rental listing market is fragmented and there are over 160 websites that cater to the niche. Try to look at as many listing sites as possible as some rentals are not syndicated across all platforms.

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7) Avoid scams Also some websites are less legitimate than other...if a rental seems to good to be true insofar as price and terms, be very careful about applying. Only transact directly with the landlord or their representative.

Never send money or gift cards.

8) Try to submit complete application packet at once.

Applications can call for a lot of information. Make the landlord’s job easy by providing all the information in one file or document. This will go a long way in making a good first impression. An incomplete application can make a poor first impression, whereas an organized application will make a good first impression and probably make you very competitive as a prospect. In my experience, when people submit complete applications it puts them in a very good light.

9) Use renting as stepping stone to ownership.

Ownership is the goal for many people. Renting can help you achieve that goal by creating a record of stability and consistency, this could potentially raise your credit score and make purchasing a house more realistic in the future. While renting doesn’t have all of the benefits of ownership it can help you raise your credit and give a better shot at ownership.

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10) Have fun While finding the perfect apartment can be frustrating, remember that the endgame is to find a spot that you can call home.

Matthew Hughes is the broker/owner of Farm River Property Management LLC. Matthew works with landlords and property owners to create value in today’s competitive real estate market. His business provides full services property management, brokerage and leasing services He has personally marketed over 160 properties in Greater New Haven area. His website is www.frpmllc.com.

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Article By: Thomas O’Shaughnessy from realtybiznews.com

Will the COVID-19 pandemic be over? Will everyday life return to the days before coronavirus? Will the economy recover to pre-COVID levels? How will the housing market fare in 2021? Is this year the right time for first-time home buyers?

Recognizing that real estate values vary considerably by location and use, the likelihood for significant change in the residential real estate market conditions over the next 12 months. Contrary to conventional economic wisdom, the housing market remained strong during 2020 due to buyers’ continued activity coupled with a lower supply of houses due to reduced construction activity and reluctant homeowners to put their homes for sale.

So, although no one can truly know what’s in store for the real estate market in 2021, here are a few predictions.

Prediction 1: The U.S. economy

will recover in 2021 According to the National Bureau of Economic Research, a recession is “a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in real GDP, real income, employment, industrial production, and wholesale-retail sales.” A review of the factors that indicate a recession suggests that 2021 will generally see positive increases in the economy.

Real Gross Domestic Product is expected to grow 4.74% after a decline of 5.91% in 2020, and the Congressional Budget Office predicts the unemployment rate will fall 20% or more. Personal income will rise slightly, while long-term interest rates will remain at 1%, and inflation will be under 1.5%.

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Prediction 2: Buyer demand will Prediction 4: Housing supply will continue to grow

lag in 2021

As economic stability returns and personal incomes rise, the number of first-time home buyers will increase, resulting in greater competition for desirable homes and upward pressure on home prices.

Positive factors that fuel demand include continued population growth, rebounding personal income rates, and improving consumer confidence. President-Elect Joe Biden has proposed a $15,000 tax credit for first-time homebuyers, which, if passed, will further spur buyer demand.

Although the number of existing homes available for purchase will rise as sellers become more comfortable opening their homes to prospective buyers, new home construction will be restrained for most of 2021 as builders “grapple with a shortage of lots, labor and building materials,” according to National Association of Home Builders (NAHB) Chairman Chuck Fowke.

Affordability and the gap in the cost of living across the U.S. will continue to be a problem, especially in areas where housing is in high demand with few new construction projects.

Prediction 3: Mortgage interest rates will remain low Lawrence Yun, chief economist with the National Association of Realtors, expects that 30-year, fixed mortgage rates will remain stable or slightly increase in 2021 from the 50-year low of 2.71% in 2020.

So, while the mortgage rate may go up a bit, it will still remain historically low, further spurring buyer demand.

Prediction 5: Home buyers will move to the suburbs The centuries-old migration from rural areas to the city is being reversed as more people flee the country’s metropolitan areas’ high costs and aging infrastructure.

Encouraged by the COVID-19 conditions that forced many people to work from homes (and the improved technologies accompanying remote work), more people are retreating to suburbs and rural areas, something that will likely continue in 2021.

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Prediction 6: House size will

Prediction 7: Technology access

continue to grow

and use will be necessary home features in 2021

The average single-family home size in America almost doubled in the last century to more than 2,430 square feet in 2020, even as the average number of people living in a house fell from 4.54 people to 2.58 people. On the other hand, the typical rental unit size in a metropolitan area shrank by 5%, though rents increased by 28%.

These dynamics drive the appeal of suburban and rural residence for city dwellers. Another factor of the growth of house sizes is the possibility of making more profit on a home sale.

According to Louis Hyman, a historian at Cornell University, Americans began to view their homes as assets that could appreciate, rather than merely living space: “You borrow as much as you possibly can, you buy the biggest possible house you can, and then you can make more money on the upside if you think house prices are going to go up.”

Advances in technology have changed the ways Americans work, play, learn, and communicate. Houses in neighborhoods or areas that lack access to high-speed internet – technology deserts – are increasingly avoided by new home buyers used to mobile phones, remote work, and streaming entertainment.

According to CNBC, the average home in America is packed with a wide range of sophisticated devices that touch every aspect of our lives, including wireless security systems, appliance monitoring devices, and digital assistants.

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Prediction 8: Technology use by sold homes per brokerage firm is 50.7.). In addition, the median gross income of a realtors, agents, and affiliates

realtor in 2019 was $49,700.

A benefit of technology use is better service to real estate buyers and sellers and increased efficiency of real estate Buying and selling a home traditionally professionals, which means the same requires significant physical effort, time, realtor will handle an increased number of and expense to locate potential listings without increased time and effort candidates, negotiate transaction terms, with greater efficiency. The added and process closings. Today’s home capability of the industry will intensify buyers and sellers have access to competition and lower prices for extensive information about city and customers. neighborhood demographic information, The number of realtors may shrink specific houses for sale, and market prices significantly, the survivors being those who without leaving their homes. exploit technology to the maximum extent.

Virtual home tours are readily available, as Overall, the industry will become better are potential mortgage lenders. Legal trained with better tools and flexibility to documents and signatures can be meet changing market conditions. captured remotely without visiting a physical office, and funds are transferred Prediction 10: Home sellers will without paper checks.

As artificial intelligence (AI) and the continue to have a market internet of things (IoT) becomes more commonplace, the convenience, cost, and advantage in 2021 speed of buying or selling a home will continue to decrease.

As a result of the considerable buyer demand compounded with low inventory, Prediction 9: The number of sellers have the upper hand. Prices have consistently been higher this year than last realtors and transaction fees will — even during the housing slowdown — and continue to rise. continue to fall in 2021 For those sellers who have been sitting on the sidelines, 2021 is an opportunity to sell your home fast, perhaps without having to Approximately 5.4 million homes are sold make concessions for the sale to occur. each year by 106,548 real estate brokerage firms (The median number of

will continue to expand in 2021

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From - CTG&E.com Adjust the Temperature Customers can reduce their energy use and When you are home and awake, set your help save money by following some simple thermostat as low as is comfortable. When tips: you are asleep or out of the house, turn your thermostat back 10° to 15° for eight hours In The Fall and Winter and save around 10% a year on your heating and cooling bills. A smart or Take Advantage of Heat from the Sun Open curtains on your south-facing windows programmable thermostat can make it easy during the day to allow sunlight to naturally to set back your temperature. If you have a heat your home, and close them at night to heat pump, maintain a moderate setting or use a programmable thermostat specially reduce the chill you may feel from cold designed for use with heat pumps. windows.

Cover Drafty Windows Use a heavy-duty, clear plastic sheet on a frame or tape clear plastic film to the inside of your window frames during the cold winter months. Make sure the plastic is sealed tightly to the frame to help reduce infiltration. Install tight-fitting, insulating drapes or shades on windows that feel drafty after weatherizing. Find out about other window treatments and coverings that can improve energy efficiency.

Find and Seal Leaks Seal the air leaks around utility cut-throughs for pipes ("plumbing penetrations"), gaps around chimneys and recessed lights in insulated ceilings, and unfinished spaces behind cupboards and closets. Find out how to detect air leaks. Learn more about air sealing new and existing homes. Add caulk or weatherstripping to seal air leaks around leaky doors and windows. Find out how to select and apply the appropriate caulk and weatherstripping.

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Maintain Your Heating Systems Schedule service for your heating system.

Furnaces and heat pumps: Replace your filter once a month or as needed. Find out more about maintaining furnaces or boilers and heat pumps. Wood- and PelletBurning Heaters: Clean the flue vent regularly and clean the inside of the appliance with a wire brush periodically to ensure that your home is heated efficiently.

Find other maintenance recommendations for wood- and pellet-burning appliances.

fireplace and circulate warm air back into the room. Add caulking around the fireplace hearth. Find out more techniques to improve your fireplace or wood-burning appliance's efficiency. Learn tips for safe and efficient fireplace installation and wood burning.

Lower Your Water Heating Costs Turn down the temperature of your water heater to the warm setting (120°F). You'll not only save energy, you'll avoid scalding your hands. Find other strategies for energy -efficient water heating.

Lower Your Holiday Lighting Costs Use light-emitting diode -- or "LED" -holiday light strings to reduce the cost of decorating your home for the winter holidays. Learn about the advantages and potential cost savings of LED holiday light strings. Find manufacturers and brands of ENERGY STAR® certified decorative light strings. *The following tips were provided by energy.gov

Reduce Heat Loss from the Fireplace Keep your fireplace damper closed unless a fire is burning. Keeping the damper open is like keeping a window wide open during the winter; it allows warm air to go right up the chimney. When you use the fireplace, reduce heat loss by opening dampers in the bottom of the firebox (if provided) or open the nearest window slightly--approximately 1 inch--and close doors leading into the room. Lower the thermostat setting to between 50° and 55°F.If you never use your fireplace, plug and seal the chimney flue. If you do use the fireplace, install tempered glass doors and a heat-air exchange system that blows warmed air back into the room. Check the seal on the fireplace flue damper and make it as snug as possible.

Purchase grates made of C-shaped metal tubes to draw cool room air into the

General Unplug Many electronics and appliances continue to draw electricity even when powered off.

Unplug these energy "vampires" when not in use.

Use Power Strips It's easy to forget to turn off electronics when leaving the house, never mind unplug them. Plug items like TVs into a power strip so you can shut off several devices at once.

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Use Energy-Efficient Light Bulbs Kiss incandescent bulbs goodbye and welcome their energy-efficient replacements: compact fluorescent and LED light bulbs. CFL bulbs use about a third of the energy consumed by a halogen incandescent. LEDs use about a quarter and last up to 25 times longer.

Office Use Flat Screens and Laptops Use LCD flat screen monitors, rather than CRT, and switch from a desktop to a battery-powered laptop to use less energy.

Turn off the Printer A typical inkjet printer is estimated to spend about half of its time in standby mode. If you turn off the printer instead, you would likely save around $0.50 per year.

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Laundry

Set the Right Temperature Keep the fresh food section of the Wash in Cold Water Wash your clothes in cold water to save refrigerator set between 37 about $66 on heating cost. and 40 Always wait for a full load to run the degrees Fahrenheit wash and the Reducing the total number of loads freezer section each at 5 degrees Fahrenheit. year by 25 percent could save you 3,227 gallons of water Don't forget to let hot food cool down Dry Lightweight Clothes First This tactic helps build up the heat in the Let hot food to cool down and properly wrap it before sticking it in the fridge. dryer for heavier fabrics.

Hot or uncovered foods in the refrigerator create moisture and raise Pick Permanent Press its internal temperature, which puts the This is the dryer setting that uses the least amount of energy. It's intended for compressor into overdrive and wastes energy. thinner or more delicate fabrics but might be adequate for small loads.

Dry With a Towel A clean, dry towel added to a wet load absorbs moisture and could decrease drying time by 25 percent

Kitchen Dishwasher Run the dishwasher when it's full and set air-dry rather than heat-dry.

Use the Toaster and Microwave Cooking or heating up food with a toaster oven or microwave saves more energy than warming on the stove or in the oven.

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Going Buggy By: Michael H. Clinton, ESQ On May 26, 2016 our state legislature enacted House Bill Number 5335, Public Act Number 16–51 entitled, “An Act concerning the Rights and Responsibilities of Landlords and Tenants Regarding the Treatment of Bedbug Infestations”. Since then, the Act has been codified as Connecticut General Statutes section 47a7a.

Incredibly, three years after its enactment, many landlords are still not familiar with the Bed Bug Statute and how it works. I receive numerous calls throughout the year indicating that tenants are uncooperative or failed to prepare for bedbug treatments. In fact, many landlord’s express frustration because when one tenant is uncooperative, the problem continues to spread throughout their buildings. This is where the Bed Bug Statute can come in handy. While I will not

address every provision of the Statute, I do want to touch upon the important portions and how landlords should address them when dealing with a bedbug problem.

While the statute requires the tenant to promptly notify their landlord orally or in writing when the tenant knows or suspects of the bedbug problem, often the landlord finds out about the problem from a neighbor, during a routine inspection, or in some other informal fashion (e.g. after a notice to quit is filed, surprising right?), many times, the tenant is not the notifying party.

In my view, how the landlord finds out is not important, just that the landlord has notice.

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In any event, once a landlord hears about the problem, most landlords will inspect the premises and then commence treatment if a problem is found.

However, the Bed Bug Statute requires a landlord to provide notice to the tenant within two days of inspection indicating whether bugs have been found to be present. This notice requires the landlord to indicate whether or not the unit is infested with bed bugs and inform the tenant that if the tenant is still concerned that the unit is infested with bedbugs, that the tenant may contact the local health department and the landlord shall provide relevant contact information on said notice.

To date, I have not received any information from a client that they provided this notice and in particular, the contact information for the city. In addition to the notice, if the unit inspection determines that there are bedbugs, the landlord shall treat the bedbug infestation within five days.

premises because of an uncooperative tenant, and/or the tenant is not prepared properly for the bedbug treatment, thereby impairing the effectiveness of the pest control procedures. The Bed Bug Statute does contemplate this scenario and states that a tenant must “comply with reasonable measures to permit the inspection and treatment of the bedbug infestation… and such tenant shall be responsible for all costs associated with preparing a dwelling unit for such inspection and treatment.

The statute goes on to indicate that the landlord “shall be responsible for all costs associated with inspection for and treatment of bedbug infestation.”

Obviously, many clients become upset knowing that they have to pay for these treatments when the condition is caused by tenants. Unfortunately, when an outbreak occurs, it is difficult if not impossible, to identify the cause of the outbreak.

The tenants knowing and unreasonable failure to comply with such bedbug inspection and treatment measures shall result in the tenant being held liable for those bed bug treatments of the dwelling unit and contiguous units arising from such failure.” Landlords should be cognizant of their obligation to offer to make reasonable assistance available to any tenant who is not physically able to comply with the preparation for any bed bug inspection or treatment measures that are the tenant’s Another issue which landlords find of responsibility. concern is the inability to enter the

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As a matter of good business practice, this security deposit in accordance with C.G.S. obligation should be conveyed to the 47a-21. tenant, in writing, as the language of the statute uses the term “shall offer� but does not indicate in what form. Prudence leads me to conclude that this offer should be in writing.

There are additional requirements for the notice, including disclosing the cost of providing the assistance and the landlord may, at their discretion, charge the tenant a reasonable amount for such assistance, provided such charge is subject to a reasonable repayment schedule not to exceed six months, unless the landlord and tenant agree to one or more extensions of such repayment schedule.

Note, failure to repay the charges does not relieve the landlord of the duty to treat the unit, nor does it give the landlord the right to terminate the lease for nonpayment.

Rather, should payment not be made under this agreed provision, the landlord may deduct such sums from the tenant

Finally, landlords who encounter obstinate tenants who are unwilling to comply with reasonable requests for entry, inspections, preparation and/or treatments can rely upon subsection (2) of the Bed Bug Statute to apply to the Superior Court to obtain injunctive relief. Many landlords are not familiar with the procedures permitting injunctive relief under C.G. S. §47a-18, but essentially the process allows an expedited hearing in which the tenant must

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show cause as to why an injunction should not issue, thereby permitting the landlord to address the bedbug problem. The statute goes on to provide the measures of relief that a landlord may request. This procedure requires service of a Verified Complaint (meaning sworn to by the plaintiff) and service of the Verified Complaint and a Show Cause Order with an application for injunctive relief with the court.

Conclusion / Practice Tip: Landlords should be aware that the strongest cases are founded upon great paperwork.

Landlords should be conscious of the obligation to provide notices as set forth in statute and should document in writing the outcomes of the investigations for bedbugs in the notices provided in order to permit the tenants to contest the findings as set forth in the statute. Further, all pest control records should be kept available should the landlord need to avail herself of the injunctive relief set forth in the statute.

As always, I recommend that you have an experienced and qualified attorney to help you with your problem tenants and to protect you from documentation and notice mistakes that can cost you money and delay your relief.

Attorney Michael Clinton limits his landlord/tenant practice solely to landlord representation.

Attorney Clinton has been practicing law since 1988 and primarily limits his practice to landlord/tenant law, commercial and residential real estate, including purchase, sale and refinancing, estate planning, small business formations and representation, and general litigation.

Michael H. Clinton, Esq. 2019 Law Offices of Michael H. Clinton, LLC 212A New London Turnpike Glastonbury, CT 06033 (860) 633-5263 Visit us at: www.ClintonLawOffices.com

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What’s Happening Near You? The Statewide Events and Meetings calendar is a resource for local landlords and property owners to meet up, network and grow your real estate opportunities.

Get Involved, Stay Informed.

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Update On Future Events.

Due to COVID-19 our in-person events are very limited due to current restrictions in place by the Governor. If you or your organization is hosting an event or virtual meeting please let us know by emailing us at media@ctpoa.com and we will put you into the Event Calendar. Stay safe!

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CT Real Estate Today allows you to hit your target audience for all things real estate.

Contact us at

Becom

info@ctpoa.com

The Connectic of experienced p working together

ADVERTISE WITH US!

Fol

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me a CTPOA Member Visit: https://ctpoa.com/

cut Property Owners Alliance is composed property managers, REALTORS and landlords to improve the business conditions for rental property owners.

llow CTPOA: https://www.facebook.com/CTPOA/

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