Judge Pauses Eviction Amid Rent-Relief Qs

A Quinnipiac Meadows tenant struggling with a ​“serious mental illness” has 30 days to iron out their UniteCT application to avoid eviction — as a landlord’s attorney warned that the state rent-relief program may soon be running out of cash.

That was the outcome of an eviction case hearing that took place in state housing court Tuesday.

The hearing was held online via live videostream before state Superior Court Judge John Cirello, who helms the housing docket at New Haven’s state courthouse on Elm Street.

The emotional hearing saw a self-represented tenant, a landlord attorney, and the state judge try to find middle ground between keeping a property owner whole and keeping a vulnerable, fixed-income renter off the street. 

Ultimately, Cirello granted the tenant’s motion to open a prior default judgment — and the landlord and tenant agreed to a mediated stipulation giving the tenant at least another 30 days in their apartment as they try to get their UniteCT rent-relief application approved by the state. 

“This must be very difficult for you,” Cirello said as the tenant burst into sobs during the hearing as they described two recent hospitalizations because stemming from a decade-long battle with bipolar disorder.

“Yes,” the tenant said through tears.

Attorney Herb Reckmeyer, representing the landlord in the case, commiserated with the tenant’s plight. He assured the court that he was willing to work with them to try to catch up on rent.

“My wife’s a social worker,” Reckmeyer said. ​“My daughter’s a social worker. So mental illness, I’m very familiar with it. It does cause difficulties.”

Behind On Rent; Mental Health "Break"

The case itself dates back to early December, when the landlord — a holding company controlled by the Hamden-based Belfonti Companies — filed an eviction lawsuit against the tenant for nonpayment of rent.

The original eviction complaint states that the tenant failed to pay their $179 monthly rent last August, September, and October. 

In early January, since the tenant had failed to file an appearance in the ongoing legal matter, Cirello issued a default order against the tenant and a judgment of possession in favor of the landlord. 

Several days later, the tenant filed a court appearance as well as a motion to open the judgment.

“I did not know the process,” the tenant wrote in that motion to open. ​“I did not receive a court date. I have a mental disability and was recently hospitalized. It was so much going on, I lost track of everything.” 

The tenant also filed a letter from their healthcare provider, who confirmed that the tenant has received treatment for a ​“serious mental illness” for nearly a decade. After years of stable health, that healthcare provider wrote, the tenant recently suffered two psychiatric hospitalizations. The healthcare provider wrote that the tenant has agreed to the doctor’s recommendation to request a voluntary conservator of finance through the Probate Court.

That was the preamble to Tuesday’s court hearing, which focused on the tenant’s motion to open the default judgment and judgment of possession for nonpayment of rent.

Cirello told the tenant at the start of the hearing what they had to do in order to have their motion granted.

“Basically, you have to show that a good defense exists as to why you want to proceed with the action,” he said.

“You can’t just say: I want to open it for more time.” Instead, the tenant had to show that they didn’t file an appearance in the case in a timely manner ​“because of some mistake, accident, or other good cause.”

The tenant said that is exactly why they were late in filing in appearance, and why they were late in paying rent.

They said they had a mental health ​“break” in November, and wound up spending five days in the hospital. When they got out, their healthcare provider changed their medication, ​“so I wasn’t at my best thinking ability.”

According to the landlord, Cirello continued, the tenant’s nonpayments of rent dated back to August, well before the tenant’s mental health emergency in November.

“What’s your defense for not paying August, September, and October” rent? he asked.

The tenant said that they were also hospitalized for serious medical concerns back in March. ​“I almost passed away at the hospital,” they said. 

The tenant paused, covered their face with their hands, and wept as they recounted these too-long stretch of bad health and tight finances.

Attorney Reckmeyer said he and his client have no concerns with the court granting the tenant’s motion to open on the grounds that they had good cause to have filed a late appearance in the case. 

However, he said, said he and his client nevertheless remain concerned about how the tenant is going to get caught up on rent.

“Simply, the issue becomes payments,” he said. Yes, the tenant only owes $179 per month in rent, given the subsidy they receive living in a low-income tax credit property. But their nonpayments are adding up. ​“How can we bring this tenant current?”

What About UniteCT?

Reckmeyer said he and his client are all the more concerned about the tenant not being able to catch up on back rent because they have not had any luck so far in receiving support through the state rent-relief program, UniteCT.

“UniteCT is not responding,” Reckmeyer said.

“I don’t understand what you mean,” Cirello replied. How are they not responding?

Reckmeyer noted that the landlord included a UniteCT application number in their notice to quit that was issued at the end of October. That’s because Gov. Ned Lamont’s still-in-place executive order requires landlords to apply to UniteCT before trying to kick a tenant out for nonpayment of rent during the ongoing pandemic.

The landlord attorney said that his client hasn’t heard anything back from UniteCT since filing that initial application. 

He also warned Cirello that ​“this argument is going to be popping up pretty frequently” in the weeks and months ahead.

That’s because, Reckmeyer said, UniteCT seems to be almost out of money.

He directed the judge to a UniteCT’s webpage that he said indicate that the federally-funded state relief program has ​“less than $20 million” still available. He noted that over 68,000 cases have been submitted and are still waiting for payments to be distributed, and another 27,000-plus applications have been started but are still incomplete.

And he pointed also pointed out that UniteCT distributed over $3.3 million last week.

If you look at the numbers, Reckmeyer said, UniteCT is ​“going to be out of money, your honor, in a matter of weeks.”

Asked for a UniteCT statue update, state Department of Housing (DOH) spokesperson Aaron Turner said that that program has disbursed $209,907,995 so far and has another $178,402,662 worth of payments in progress.

He said that UniteCT has assisted 31,109 unique households, has served 7,521 landlords, and has distributed on average $8,402 in rent assistance per household and $1,541 in utility assistance per household.

Turner did not respond to a request for how much money is still left in the program after taking into account the $388 million-plus that has already been distributed or is in process. In late July, top state officials said that the state had dedicated roughly $450 million in total to UniteCT. That means that it could have as much as $60 million still available to distribute, based on the data provided by Turner on Tuesday. 

The issue of available UniteCT funding was also raised in a recent letter sent by the Partnership for Strong Communities to the governor and other top elected officials. That letter states that DOH ​“does not expect to finish disbursing the currently available UniteCT funds until this summer.” It also recgonizes that ​“almost all of the UniteCT budget has been committed,” while nearly half of it has not yet been paid out. The letter urges the elected officials to keep or modify the current executive order requiring landlords to apply to UniteCT before filing for eviction for nonpayment of rent. Click here to read that letter in full.

Even though the tenant in this case may be deserving of UniteCT’s help, Reckmeyer said in open court on Tuesday, the program may not have much money left — and hasn’t been able to help them out in this case so far.

“What is your current income situation now?” Cirello asked the tenant. ​“How much money could you make as a good faith payment toward your landlord?”

The tenant said they receive $888 per month through Social Security disability. That’s their sole source of income.

30-Day Pause To Seek Rent Relief

Ultimately, Cirello decided to grant the tenant’s motion to open the judgement — and then referred the tenant and the landlord’s attorney to a court-appointed mediator who ​“may be able to expedite the [UniteCT] application process.”

According to a stipulation filed wit the court later on Tuesday, the landlord and tenant agreed to a 30-day stay of the eviction.

If the UniteCT application is approved, that stipulation states, ​“a motion for continuance may be filed for a date at least three weeks from the date of the approval of the application to allow for the payment to be received and for the plaintiff to withdraw the matter.”

In the meantime, the tenant agreed to pay ​“reasonable use and occupancy” of $179 on or before the 10th day of each month starting two days from now.

And the tenant agreed to follow up with their clinician’s recommendation to voluntarily seek the appointment, in probate court, of a conservator to assist them with their financial affairs.