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The Effects of Executive Order 9E on Existing Residential Eviction Moratoria

Updated October 21, 2021 per Executive Order 9H

As detailed in our prior alert on the CDC’s eviction moratorium and Executive Order 7OOO, landlords and tenants in Connecticut continue to face a variety of federal and state orders affecting the residential eviction process.  This alert attempts to supplement that guidance in light of Executive Order 9E, issued on September 30, 2020, which purportedly prohibits the issuance of a notice to quit and prevents the service or return of summary process actions to court for certain residential rentals through January 1, 2021.

Previously, Connecticut prohibited the issuance of a notice to quit and return of summary process actions to court for residential rentals in most instances, with the CDC further prohibiting “any action . . . to remove or cause the removal” of certain tenants through December 31, 2020, with limited exceptions, so long as tenants meet certain financial hardship criteria and sign a declaration to that effect.

Against this backdrop, Governor Lamont issued Executive Order 9E.  Among other things, this order extends through January 1, 2021, the moratorium on the issuance of notices to quit and returns of summary process actions to court with respect to residential eviction matters, albeit with a few caveats:

  • Executive Order 9E retains the exceptions covered in our prior alert, and adds a new exception for “serious nonpayment of rent” which is defined as “a rent arrearage equal to or greater than six months’ worth of rent due on or after March 1, 2020, which shall exclude all other costs, fees, attorney fees, and other charges arising from the tenancy.”  In other words, the order appears to permit the eviction of tenants who owe at least six months’ worth of rent since March 1, 2020, subject to the CDC moratorium.
  • Executive Order 9E requires landlords issuing a notice to quit before January 1, 2021, to deliver English and Spanish copies of the CDC’s declaration with any such notice to quit. Upon receipt of an executed CDC declaration from the tenant, “the landlord shall immediately and for the effective period of the CDC Order cease all action to evict.”

Of course, all of this remains a moving target as further federal and state laws and emergency orders are issued, including the possibility for a longer eviction moratorium under the current iteration of the HEROES Act which, as of this writing, has passed in the U.S. House of Representatives.

As before, landlords and tenants must be cautious and attentive in assessing any potential eviction, especially in light of the criminal penalties imposed for any violation of the CDC’s moratorium.  Shipman & Goodwin attorneys are available to help landlords and tenants navigate difficult situations in light of the ever-changing rules and orders being issued on the state and federal level during the COVID-19 pandemic. We will endeavor to analyze and explain the relevant law in these areas and related considerations, and update our Coronavirus Resource Center (specifically, the Real Estate Leasing page) periodically to include relevant Connecticut, New York, federal and local laws, rules and regulations that are enacted during this crisis, as well as court filings and relevant precedent or other topical information.

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