Tenants' Rights: Repairs

Tenants' Rights: Repairs
How To Use The Housing Code Enforcement Law (or Payment Into Court)
June 2008

What is a Housing Code Enforcement Lawsuit (Payment into Court)?
What must I do before I file a lawsuit?
How do I file a housing code enforcement lawsuit?
How do I prepare for the hearing?
What happens at the hearing?
What happens after the hearing?
Can my landlord evict me if I file a lawsuit?
Forms
How do I contact my local Code Enforcement Office?
Connecticut Housing Courts
For more information

Even if there are problems with the conditions of your apartment, KEEP PAYING YOUR RENT!

If you do not pay your rent (and pay it on time), you risk being evicted. The first thing you should do is ask your landlord to make the necessary repairs. If that doesn't work, keep paying your rent . You can try to get the repairs made and maybe get your rent money returned to you by bringing a housing code enforcement lawsuit.

What is a Housing Code Enforcement Lawsuit (Payment into Court)?

Connecticut law allows a tenant to file a lawsuit against the landlord if the landlord fails to make necessary repairs. It is up to your landlord to see that your apartment meets state and local fire, housing and health codes when you move in. Your landlord must also keep the apartment in good repair while you live there. If there is peeling paint in your apartment; or the plumbing, electrical or heating systems don't work properly; or if your windows are broken, you may sue your landlord (Also see the Legal Aid pamphlet, Energy and Utility Problems With Landlords).

If you file a lawsuit (sometimes called a "payment into court action") you pay rent to the court clerk instead of the landlord, and the judge can order the landlord to make the repairs. You can also ask the judge to refund all or some of the rent you have already paid because of the landlord's failure to repair. It is the judge's decision.

NOTE: Even if you pay for heat and hot water, the landlord must keep the furnace or hot water heater working properly. He/she should also help you prevent rat and roach infestation and should provide you with a smoke detector.

What must I do before I file a lawsuit?

STEP 1: Ask your landlord to make repairs. You can do this either orally or in writing. If you do it orally, be sure you have a reliable witness with you. If you do it in writing, be sure to save a copy of your letter. If your landlord does not make repairs, continue to Step 2.

STEP 2: Contact the local housing code office or other appropriate municipal agency and make a complaint (see Code Enforcement Offices). An inspector will come to your apartment. Make sure you show the inspector everything that needs to be fixed. Write down the inspector's name. If you do not make an official complaint to the code enforcement office or other agency, the case cannot be filed no matter how serious the problems in your apartment are.

STEP 3: File a case in court. IMPORTANT: You must wait at least 21 days after you complain to the local code office or other agency to file your lawsuit.

How do I file a housing code enforcement lawsuit?

Fill out two forms called the Notice of Suit (JD-HM-19) and the Complaint (JD-HM-35). . You can get the forms at your local Legal Aid office, at the Housing Court Clerk's office in the district where you live, and on the state of CT Judicial website at www.jud.ct.gov).
If you cannot afford to pay for the filing fee or other fees, also fill out an Application for Waiver of Fees form (# JD-FM-75). On the CT Judicial web site look under "Court Forms" then "Family."
Take the completed forms to the Housing Court Clerk's Office and give them to the clerk. You will need to pay a $25 filing fee (or ask for a fee waiver). If you have not paid your rent for the current month, bring your rent money with you. Bring cash or a money order. The clerk will not take a personal check.

Once you pay into court, it is up to the judge to decide what happens to the money. You can't just change your mind and get your money back. Once you start the process, you must go along with whatever the judge decides.

Warning: Be sure to keep making your payments into court for as long as your case takes. If your case takes more than a month and you do not make the next payment, the court can dismiss (throw out) your case without deciding anything about the repairs.

What happens next?

The court clerk will send the lawsuit to your landlord by certified mail. If your landlord does not sign for or does not pick up the certified letter, you will have to pay a marshal to deliver the papers for you. If you cannot afford to pay the marshal, ask the court to have the marshal's fee waived. The clerk can tell you how to contact a marshal. The clerk will usually schedule a hearing date within two weeks after the landlord gets notice of the suit.

The clerk will also send a copy of the lawsuit to the code inspector who inspected your apartment.

How do I prepare for the hearing?

A hearing gives you a chance to go to court and tell the judge about the repairs that need to be made at your home. Think about what you want to say to the judge. You should also tell the judge how you have been injured or inconvenienced by your landlord's failure to make repairs.
Make sure the official who inspected your home comes to the hearing. When you get the notice from the court clerk telling you when your hearing date is scheduled, ask the clerk to issue a subpoena requiring the code inspector to come to the hearing and to bring a copy of his or her report. Ask the clerk for instructions about how to give the official the subpoena. There is a fee to have the subpoena served. If you cannot afford to pay, you should ask the court clerk to have the fee waived. You may also ask others to come to court to testify about the defects in your home. You may bring pictures of the defects or problems with you.
Make sure you continue to pay your rent to the clerk every month when it is due or the judge can dismiss your case.
Instead of telling the judge about the problems with your apartment, you may be asked first to meet with a "housing specialist." The housing specialist will talk to both you and your landlord to see if you can reach an agreement. For example, the housing specialist may help you and your landlord set up a schedule of repairs. If you and your landlord cannot reach an agreement with the help of the housing specialist that you are both satisfied with, you can still go talk to the judge.

What happens at the hearing?

You will be sworn in as a witness. Tell the judge what is wrong with the apartment and what repairs need to be made. You should also tell the judge if you have asked your landlord for repairs. If you do not have a smoke detector in your apartment, tell the judge as well. You can then ask the code inspector to testify and submit the inspection report to the judge.

You should ask the judge to order your landlord to make repairs. You may also ask the judge to refund the rent you paid while the problems were being ignored by your landlord. You may ask the judge to order your landlord to pay you money for damage to your belongings.

What happens after the hearing?

After your initial hearing, the judge may ask you and the landlord to return to court to report on the repair work that was ordered. Be sure to check with the court clerk about your next court date.

If the repairs have not been completed, you should tell the court. If your landlord has not made the court-ordered repairs ordered, the court has the power to appoint someone else (called a receiver) to use the rent money to do the repairs.

At any time during your lawsuit, you may talk to your landlord (or to his/her lawyer) and agree to a repair schedule. If you do, the schedule should be in writing and filed with the court.

Where does the money go that I paid into court?

When the repairs are done and the lawsuit is over, the distribution of the rent money that you paid into court will be decided by the judge (or by an agreement you make with the landlord). If the judge is making the decision, you should be sure to tell the judge why you think you are entitled to the money. The judge can decide to:

give you all or part of the money you paid into court - or -
give the landlord all or part of the money you paid into court.

Can my landlord evict me if I file a lawsuit?

No! As long as you pay your rent to the court clerk every month, your landlord cannot evict you for not paying rent. Be sure to pay your rent to the clerk each month within 9 days after it is due. If your landlord sends you an eviction notice after you file a payment into court lawsuit, you have a good defense against eviction. (See the Legal Aid pamphlet, Tenants' Rights: Eviction.)

Can I file a lawsuit if the landlord has started an eviction action?

If your landlord has already given you a Notice to Quit, you may not be able to file a case. However, if you have received a Notice to Quit, you should:

Talk to a lawyer before filing your payment into court action.
Don't give up. Housing code violations in your apartment may give you a defense to the eviction.
Call your local housing code office right away and ask for an inspection. But if possible, don't wait to get the eviction papers -- file a payment into court case before this happens.

Forms:

You can get your blank forms from the State of CT Judicial website www.jud.ct.gov. Look under "Court Forms", or just click on the links below.

Notice of Suit JD-HM-19
Complaint JD-HM-35
If needed:
- Application for Waiver of Fees JD-FM-75
- Application For Waiver of Fees (With automatic calculations) JD-FM-75

How do I contact my local Code Enforcement Office?

To find out where to direct your complaint, you should telephone the municipal office responsible for enforcing your town's housing code. If your town is not listed below, call your Town Clerk for more information. If your town has no housing code office, contact the local health department. (Look under your town in the blue section of the phone book).

Ansonia (203) 881-3255
Beacon Falls (203) 881-3255
Bridgeport (203) 576-7072
Bristol (860) 584-6100
Colchester (860) 537-7284
Danbury (203) 797-4625
Derby (203) 881-3255
East Hartford (860) 291-7340
Enfield (860) 253-6386
Fairfield (203)256-3020
Groton (860) 446-5982
Hamden (203) 287-2530
Hartford (860) 757-9210
Manchester (860) 647-3052
Meriden (203) 630-4092
Middletown (860) 344-3477
Naugatuck (203) 881-3255
New Britain (860) 826-3383
New Haven (203) 946-8386
New London (860) 447-5240
Norwalk (203) 854-7776
Norwich (860) 823-3763
Seymour (203) 881-3255
Shelton (203) 924-1555
Stamford (203) 977-4366
Torrington (860) 489-2245
Vernon (860) 870-3650
Wallingford (203) 294-2005
Waterbury (203) 574-6780
West Hartford (860) 561-7900
West Haven (203) 934-5788
Windham (860) 465-3039

Connecticut Housing Courts

Superior Court - Housing Session

1061 Main Street Bridgeport, CT 06604 (579-6936)
80 Washington Street Hartford, CT 06106 (756-7920)
20 Franklin Square, Room 211 New Britain, CT 06051 (515-5130)
121 Elm Street New Haven, CT 06510 (789-7937)
17 Belden Avenue Norwalk, CT 06850 (846-4332)
300 Grand Street Waterbury, CT 06702 (591-3310)

For more information

Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on laws in CT as of June 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney. www.larcc.org