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Connecticut Residential Evictions: Sept. 30, 2020 Executive Order No. 7X

On September 30, 2020 Governor Ned Lamont issued Executive Order No. 9E, which has a significant impact on residential evictions, including:

 

  1. Extension of Eviction Moratorium. The provisions of Executive Order No. 7X, Section 1, as modified by Executive Order Nos. 7NN, Section 4, 7DDD, Section 1, and 7OOO, Section 3 shall remain in effect until January 1, 2021, with the following modifications:

 

  1. No Notice to Quit or Service of Summary Process Before January 1, 2021. Section 47a-23 of the Connecticut General Statutes is modified to provide, “(g) No landlord of a dwelling unit, and no such landlord’s legal representative, attorney-at-law, or attorney-in-fact, shall, before January 1, 2021, deliver or cause to be delivered a notice to quit or serve or return a summary process action, for any reason set forth in this chapter or in sections 21-80 et seq. of the Connecticut General Statutes, except for nonpayment of rent due on or before February 29, 2020, for serious nonpayment of rent as defined herein, for serious nuisance as defined in section 47a-15 of the Connecticut General Statutes, or, provided the notice to quit is not delivered during the term of any existing rental agreement, for a bona fide intention by the landlord to use such dwelling unit as such landlord’s principal residence. For the purposes of this subsection, ‘serious nonpayment of rent’ means 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.”

 

  1. All notices to quit issued before January 1, 2021 shall be delivered with a copy of the Declaration (“CDC Declaration”) attached to the CDC Order “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19,” 85 FR 55292 (September 4, 2020) (“CDC Order”). The CDC Declaration shall be attached in English and Spanish. Upon delivery of the executed CDC Declaration to the landlord, landlord’s legal representative, attorney-at-law, or attorney-in fact by a tenant or representative of the tenant, the landlord shall immediately and for the effective period of the CDC Order cease all action to evict.

 

  1. All notices to quit for nonpayment of rent for rent due on or before February 29, 2020 that are issued before January 1, 2021 shall specify and recite the period of nonpayment of rent before February 29, 2021 for which rent has not been paid.

 

  1. All notices to quit and all complaints in summary process actions for serious nonpayment of rent that are issued before January 1, 2021 shall specify and recite the amount of the rent arrearage due on or after March 1, 2020, the months for which rent has not been paid, and in what amounts.

 

  1. All notices to quit issued before January 1, 2021 based upon the bona fide intention by the landlord to use such premises for the landlord’s principal residence shall state that reason and specify the expiration date of the lease.

 

A copy of Executive Order No. 9E is available here:

https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-9E.pdf