On July 21, 2021, the White House sponsored an Eviction Prevention webinar. The presentations from White House, Treasury, and HUD personnel, judges from Georgia and Tennessee, and housing counselors and grassroots organizations made clear that there is more that can be done in Connecticut to prevent tenants from losing their homes.

  • The Judicial Branch could allow housing counselors or UniteCT workers into the courthouses to help landlords and tenants with eviction cases apply for assistance when they show up for court like they do in Georgia and Tennessee.
  • The UniteCT administrators could take advice from Gene Sperling, the American Rescue Plan Coordinator for the President, who assured all emergency rental assistance administrators that now is not the time to hide behind overly cautious or conservative procedures. It is imperative that programs use maximum flexibility to get the money to tenants.
  • Payments directly to tenants who cannot stay in their homes will both prevent homelessness and get money to tenants more quickly.
  • Culturally relevant outreach makes a difference. This means advertisements in many languages; webpage links in many languages and not just the use of on-line, inaccurate translation tools; trainings in languages other than English; use of alternative media to reach non-white audiences; and door knocking with personnel who speak languages other than English. All of this should be supported and paid for by the emergency rental assistance program and not by the housing counselors and agencies doing the work.

In just over four months, UniteCT has used just 9% of the funding allocated and had fully submitted applications from only 12,380 landlords and tenants. Only 4,815 of the estimated 84,000 tenants who owe rent have received benefits. If the pace of applications and payments does not improve dramatically, it is likely that Connecticut will not use all of the $400 million it received to keep its most vulnerable citizens in housing.

Sign up to receive this weekly update.

In today’s update:

Additional_resources

Eviction/mortgage delinquency statistics

Help_for_homeowners

Help_for_tenants

Moratorium_status

Tech_bus_schedule

UniteCT Updates

Since March 15, 2021, when UniteCT began accepting applications:

  • 4,815 applications or 39% of the total fully submitted applications have been approved for payment of a rental and/or utility arrears. Nearly $37 million has been paid out or about 9% of the total funding allocated to Connecticut;
  • 1,382 people have entered homeless shelters. Only 26.9% of those exiting shelter went into permanent homes;
  • The Center does not have access to eviction data this week.

A new survey from the Urban Institute showcases the urgent need to raise awareness about emergency rental assistance. One key finding suggests that less than 6% of landlords and 11% of tenants have applied for emergency rental assistance.

Racial and ethnic disparities continue in recovery from pandemic-related economic hardship: According to the latest data from the Household Pulse Survey, 49% of Latinx renters, 42% of Black renters, and 18% of people of two or more races who rent have little or no confidence they can pay next month’s rent compared to 11% of white renters. In addition, 12.2% of Latinx homeowners, 15.8% of Black homeowners, 10% of Asian homeowners, and 12.5% of people of two or more races are not caught up on their mortgage payments compared to 5% of white homeowners.

Eviction and foreclosure moratorium status:

Connecticut Eviction Moratorium expired June 30, 2021. However, Governor Lamont has issued Executive Order 12D which remains in effect until September 30, 2021. See below for details on the E.O. and the Judicial Branch’s efforts to implement that order.

The national Centers for Disease Control and Prevention’s eviction moratorium has been extended to July 31, 2021. This protection is NOT automatic. It only applies to tenants who cannot pay full rent or other housing payments because they have lost income or have very expensive medical bills. To receive this protection, you must provide your landlord with a signed copy of the CDC declaration form. More information about eligibility requirements and how to complete the CDC declaration is available here.

Current foreclosure moratoriums:

  • Fannie Mae and Freddie Mac: (essentially) until August 31, 2021
  • HUD, Department of Veterans Affairs, the Department of Agriculture: until July 31, 2021
  • CFPB’s 2021 Mortgage Servicing Covid-19 Rule: The CFPB Covid-19 servicing rule will implement a foreclosure moratorium from August 31, 2021 until December 31, 2021 that applies to most mortgages, not just federally-backed mortgages. Under the rules, servicers can only start a foreclosure if the borrower:
  • Has abandoned the property;
  • Was more than 120 days behind on their mortgage before March 1, 2020;
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days; or
  • Has been evaluated for all options other than foreclosure and there are no available options to avoid foreclosure.

Tenants living in multifamily properties with a Fannie Mae or Freddie Mac backed mortgage cannot be evicted for nonpayment of rent through September 30, 2021. Additional tenant protections include not charging tenants late fees or penalties for nonpayment of rent and allowing tenants flexibility in repayment of back rent over time and not demanding a lump sum payment. Finally, landlords evicting for reasons other than nonpayment of rent must give a 30-day notice.

No foreclosure moratorium on mortgages that are not “federally-backed” or non-mortgage foreclosures: Homeowners whose mortgages are not “federally-backed” (except as they might be covered in the future by the CFPB Mortgage Servicing Covid-19 Rule) or who owe condominium fees, real estate taxes, or other real estate related taxes are not protected from foreclosure. Since January 1, 2021, 44% of all foreclosure actions filed were for non-mortgage foreclosures: 11% were filed by municipalities; 14% were filed by condominium associations; 15% were filed by private 3rd parties who bought tax and sewer liens from municipalities.

E.O. 12D and Judicial Branch’s Implementation

Governor Lamont used his emergency powers to extend E.O. 12D to September 30, 2021. The order includes the following provisions:

  • Landlords must complete an application for the State’s UniteCT rental assistance program prior to delivering a notice to quit for nonpayment of rent. The UniteCT case number must be included on the Notice to Quit;
  • Landlords must give tenants a 30-day Notice to Quit if they intend to evict for nonpayment of rent, for lapse of time, or because the right to occupy a unit has terminated;
  • All Notices to Quit given for any reason must be delivered with information about the State’s UniteCT program and the federal CDC eviction moratorium in both English and Spanish;
  • Tenants have an opportunity to continue all terms of their rental agreement by paying outstanding rent within the 30-day Notice to Quit period;
  • If during any summary process (eviction) case, a UniteCT application is made, all proceedings in the summary process case must be stopped for 30 days or until a decision is made on the UniteCT application, whichever is earlier. If the UniteCT application is approved, the summary process case must be stopped until the UniteCT payment is made, and the summary process action is withdrawn or dismissed. 

To implement E.O. 12D, the Judicial Branch has instructed its Housing Court Clerks to review all residential non-payment notices to quit served between July 1, 2021 and September 30, 2021:

  • For the required UniteCT case number. Cases with defective notices to quit will be referred to the housing judge for dismissal or other action the judge deems appropriate;
  • To ensure that any notice has a quit date at least 30 days from the service date unless the notice is solely for serious nuisance;
  • To ensure that the notices were delivered with an English and a Spanish copy of the State of Connecticut’s UniteCT Flyer.

In addition, the Housing Court Clerks have been told:

  • If a clerk is notified of a pending UniteCT application prior to a summary process execution issuing, the clerk will ask the notifying party(s) to submit a written notification of the UniteCT application to the court for the judge’s review and entry of an order staying the proceedings. Clerks will not stop the application for an execution if the case is based solely on serious nuisance.
  • If an execution has already issued, the landlord and the  tenant will be notified that an application for temporary injunction (audita querela) must be presented to the court for review and entry of an order stopping the move out. 

If during a mediation, if either the landlord or the tenant notifies the mediator that a UniteCT application has been submitted, then mediators will inform the judge about the application so that an order stopping the proceedings, which could include ordering a continuance of the matter for more than 30 days, can enter.

Help for tenants

What E.O. 12D means for tenants:

  • A landlord must complete an application for UniteCT before they send you a Notice to Quit for not paying rent. The notice must include the landlord’s UniteCT application number.
  • If you receive a Notice to Quit for any reason, the notice should include a copy of the UniteCT flyer in Spanish and English.
  • If you receive a Notice to Quit for not paying rent, you will have 30 days to pay the rent or apply for UniteCT. If all the back rent is paid within 30 days your, landlord cannot start an eviction case in court.
  • Any Notice to Quit for not paying rent or for lapse of time (meaning your lease was not renewed) must give you 30 days notice before your landlord can start a case in court.
  • If you receive a Notice to Quit, you never have to move out by the date on the notice. If you are still in the apartment after the date on the notice, your landlord can start a case in court to ask the court for permission to evict you.
  • If you have applied for UniteCT and you have to go to court do the following: 1) check the status of your application before you go to see if you have been approved; 2) have your UniteCT case number ready to share with the court; 3) tell the Judge or Mediator about your UniteCT application even if you have not been approved or you have not finished the application; 4) ask the Judge or the Mediator to pause your case for 30 days while you wait to see if UniteCT will pay your back rent.
  • You may also want to take a screenshot of your application status page and have that ready to share as well. If you have not yet applied for UniteCT, you must do so to receive the 30-day pause.
  • You can apply to UniteCT by going to https://portal.ct.gov/DOH/DOH/Programs/UniteCT. Write down your application number so you can share it with the court. Then notify your landlord by phone, email, and text that you have applied to UniteCT and ask them to complete their part of the application.

If the landlord refuses to participate in UniteCT, tenants should do the following:

  • Call the Connecticut Fair Housing Center at 860-247-4400 to do an intake. The Center is reviewing cases where the landlord refused to participate in UniteCT to determine if there is a violation of the Connecticut’s requirement that landlord’s accept housing assistance.
  • Apply for a security deposit and up to 12 months future rent to be paid to a new landlord through UniteCT.

UniteCT Updates

DOH continues to make changes to the UniteCT program to meet the needs of tenants and landlords. Check the UniteCT website and the guidance on the program frequently to get the latest updates. Currently, tenants eligible for UniteCT are entitled to:

  • Reasonable accommodations: People with disabilities who need assistance filling out an application for UniteCT or with any other aspect of the program, should send an email to UniteCTReasonableAccommodation@ct.gov or call 1-844-864-8328 and ask for a reasonable accommodation such as someone to help fill out an application, or upload documents, or any other change in the application process or program that will help the person who is disabled participate in the program.
  • Qualifying census tract: Applicants for UniteCT who live in census tracts where the majority of people have income at or below 80% of AMI are not required to upload any income documentation. The UniteCT pre-application will make the determination as to whether the applicants lives in a qualifying census tract.
  • Participation in other benefit programs qualify a tenant for UniteCT:  Applicants who receive benefits from Medicaid, SNAP, TANF, State Administered General Assistance (SAGA), and the state supplement will be eligible for UniteCT without additional income verification;
  • $15,000 in rental arrearage payments: Tenants will now be eligible to receive up to $15,000 in rental arrearage payments for any rent owed after March 13, 2020 regardless of the number of months owed. If, based on the application, it is clear the tenant needs more than $15,000 to clear their arrearage, UniteCT will review the application and determine if additional funds will be paid;
  • No need to write-off 15% of arrears:  Landlords will not be required to write-off 15% of the rental arrearage;
  • Tenants not obligated to contribute to future rent for 3 months: If tenants are eligible for prospective rental payments through UniteCT, the tenant will not be required to contribute any rent for the first three months of prospective payments;
  • Public and subsidized tenants eligible:  UniteCT will provide benefits to tenants who live in public or subsidized housing. Anyone who has been denied benefits because they live in public or subsidized housing should contact doh-unitect@ct.gov immediately. At present, UniteCT staff are working with housing authorities to determine if there is a way for housing authorities to submit bulk applications on behalf of their tenants for the program;

The UniteCT mobile tech bus will be at the following locations for the week starting
July 26, 2021:

UniteCT’s tech bus provides the necessary technology to apply for rental assistance. Tenants and housing providers who may not have access to the technology required to complete an application for rental assistance are encouraged to visit the bus. To learn more about the bus please contact the host agencies. There are no stops scheduled for Monday and Tuesday, July 26 and 27, 2021.

Guilford, CT

When:        Wednesday, July 28, 10 am – 3 pm

Location:   Guildford Social Services, 263 Church St, Guilford, CT 06437

Contact:    Tammy DeFrancesco, defrancescot@ci.guilford.ct.us, 203-453-8009

Waterbury, CT

When:        Thursday, July 29, 10 am – 3 pm

Location:   Court House, 300 Grand St. Waterbury CT 06702

Contact:    Denise Martinez, dmartinez@newoppinc.org, 203-598-1781

Bridgeport, CT

When:        Friday, July 30, 10am – 3pm

Location:   New Hope Baptist Church (parking lot), 1100 Park Avenue, Bridgeport, CT 06604

Contact:    Zeljka Trivunovic, ztrivunovic@alliancect.org, 203-366-8241

Help for homeowners

Connecticut is using federal Homeownership Assistance Funds to assist homeowner’s delinquent on payments: The American Recovery Plan included funding for homeowners in danger of losing their homes to foreclosure. Connecticut will receive approximately $123 million. DOH is working with CHFA to pilot a program with three mortgage services that will provide up to $20,000 in grants to homeowners whose income is at or below 80% of AMI and who are socially or economically disadvantaged. A pilot program is expected to begin in July 2021. The full program is expected to roll out in September 2021.

Fannie and Freddie expand use of interest rate reductions:  On June 30, 2021, Fannie Mae and Freddie Mac announced that they would expand their interest rate reduction programs. Flex Modification terms will be adjusted for COVID-19 hardships making interest rate reduction possible for eligible borrowers, regardless of the borrower’s loan-to-value ratio.

FHFA closes gap between Fannie and Freddie moratorium and CFPB servicing moratorium: On June 29, 2021, FHFA announced it would extend its moratorium to protect borrowers until CFPB moratorium starts. The CFPB Mortgage Servicing Covid-19 Rule prohibits servicers from making a first notice or filing for foreclosure in most cases covered by the rule before December 31, 2021. Servicers will still be able to make a notice or filing for foreclosure on abandoned properties and those that had a foreclosure referral prior to March 2020, along with certain other exceptions. CFPB’s final rule will take effect August 31, 2021.

CFPB issues rules to facilitate transition as federal protections expire: On June 28, 2021, the CFPB issued rules to transition as federal foreclosure protections expire. The rules take effect on August 31, 2021 and ends on December 31, 2021. Under the rules, servicers can only start a foreclosure if the borrower:

  • Has abandoned the property;
  • Was more than 120 days behind on their mortgage before March 1, 2020;
  • Is more than 120 days behind on their mortgage payments and has not responded to specific required outreach from the mortgage servicer for 90 days; or
  • Has been evaluated for all options other than foreclosure and there are no available options to avoid foreclosure.

This protection applies to many, but not all, mortgages.

Foreclosure advice: The Center is holding Foreclosure Advice Virtual Sessions. Homeowners facing foreclosure can sign up for advice sessions over video or phone. These Sessions are in addition to the considerable number of videos and materials available at www.ctfairhousing.org.

Additional resources

Welfare liens on real property will be removed:  As part of legislation passed during the 2021 legislative session, the Department of Social Services is required to remove all liens put on any property as the result of the  receipt of Medicaid or cash assistance. In the past, DSS put a lien on any property (like a house or a condominium) owned by a client, former client, and legally liable relatives (someone who has a legal obligation to support someone who received benefits) who received Medicaid or cash assistance like TANF. The lien was equal to the amount paid in Medicaid or cash benefits. DSS can no longer put liens on property in an effort to recover any money paid out and any liens that are currently on any property must be removed. If you have a lien on your property, write to DSS at DSS.Resources@ct.gov.

VISIT OUR WEBSITE FOR MORE INFORMATION ABOUT YOUR FAIR HOUSING RIGHTS IN ENGLISH, SPANISH, MANDARIN, VIETNAMESE, FARSI, RUSSIAN, ITALIAN, KREYOL, ARABIC, KHMER, AND TAGALOG.

Outreach:  To schedule trainings on COVID-19 protections for tenants, foreclosure prevention, fair housing or constituent outreach please contact Rashida Rattray, at rrattray@ctfairhousing.org