At Tuesday’s court hearing, clockwise from top left: Attorney David Rosenberg, Attorney Amy Eppler-Epstein, Judge Claudia Baio, and interpreter Emily Skene.
A state judge stopped the eviction of a renter after finding, through some quick mental math, that he has been surviving on only $7 a day.
Judge Claudia Baio issued that ruling Tuesday in New Haven’s housing court.
Landlord Prime Management, LLC, represented by Attorney David Rosenberg, sued Victor Gonzalez of Blatchley Avenue, represented by Attorney Amy Eppler-Epstein of New Haven Legal Assistance Association, in February 2020, alleging that his lease is up and he now must be evicted.
Gonzalez, who cannot speak or read English, claimed that he was unaware of eviction proceedings against him. He also alleged that there were various problems with the apartment, including electrical issues, that landlord refused to fix. The landlord had already won a ruling to evict Gonzalez; Gonzalez was seeking Tuesday to reopen the case.
“I believe this eviction action was brought in relation for my complaints to the landlord about the conditions in the apartment, which they refused to fix, and still have not fixed,” Gonzalez wrote through an interpreter in his request for a motion to reopen the eviction trial.
Judge Baio was asked at Tuesday’s hearing to determine whether or not Gonzalez was eligible to be protected by a federal eviction moratorium prompted by the Covid-19 pandemic. To be eligible, Gonzalez needed to both demonstrate that, should he be evicted, he would likely be homeless or need to be in a congregate location such as a shelter, both of which are public health hazards due to the current pandemic. He would also need to prove that he had used “best efforts” to pay as much of his rent as possible.
Eppler-Epstein told the court that Gonzalez receives $200 a month in state-administered general assistance for his disabilities. That is his sole income, she said.
She added that he is unable to make even partial payment of rent because of “individual circumstances and survival expenses.” He has applied for subsidized housing and was accepted into the state Homeless Prevention Program, demonstrating efforts to improve his current situation.
Rosenberg did not dispute that Gonzalez makes less than the $99,000 per year requirement to be covered under the federal Centers for Disease Control (CDC) guidelines for the moratorium. But he challenged Epstein’s assertion that Gonzalez is making best efforts to pay more, which is also required under the rules of the moratorium.
“Even $5 or $10 a month sent to the landlord would be evidence,” Rosenberg said, adding that Gonzalez “must comply with all the regulations, not just those that are convenient.”
“The court understands the frustration” the landlord has over the lack of partial payments and the fact that the eviction was filed before the pandemic, Judge Baio said.
But she said that the requirements had been met due to Gonzalez’s $200 a month coming out to just $7 a day, with food and other basic needs being more pressing.
So she granted a stay of eviction through March 31. Eppler-Epstein said later that she hopes the CDC moratorium deadline is extended past that date so Gonzalez can remain in the apartment. She also said now that Gonzalez has been accepted into the HPP, it can help him “either pay back rent and stay where he is or help him with both case management service and funding to enable him to move elsewhere.”
More info on related issues, organizations:
Local Learn: Connecticut Coalition To End Homelessness
National Act: National Alliance To End Homelessness
Local Act: Empower underserved communities in Connecticut
Local Learn: New Haven community wealth-building initiatives
National Act: Organizations that support community development
From landlord's filings:
"on our about January 23, 2020, the Defendant, Victor Gonzalez, attempted to
bypass the gas services to the premises and engineer his own heating source by connecting a portable propane tank to the kitchen stove without the permission of the Plaintiff/Landlord and, based upon information and belief, the local fire code;
vii. that on or about January 23, 2022, the Defendant's unauthorized actions caused a fire in the premises, which resulted in the New Haven Fire Department being dispatched, damages to the premises and expenses to the Plaintiff to repair the Defendant's damages."