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June 2006

What to do when you don't have heat.
What to do when you don't have cooking gas, electricity, hot water or running water.
Getting heat, electricity, gas, water or different housing.
Making rent payments into court.
How to file a payment into court action.
What is a Court Appointed Receiver of Rent?
About Fair Rent Commission.
When your meter covers more than your utility service.
What to do when a landlord requests that utility service be shut off.
What to do when the landlord is responsible for the bill and utility service is shut off.
What is the procedure for notifying landlord of your intention to weatherize to reduce energy and utility bills.
Where can I get more information?

When You Don't Have Heat

Your landlord is responsible for providing a working heating system that can heat your home to at least 65°F. If the heating system doesn't work properly and your landlord fails to fix it, she/he can be arrested. (NOTE) The only time your landlord may require you to pay for heating fuel is when the heat is only for your use. You are not responsible for heating fuel if any of the fuel is used to heat other apartments or areas shared with other tenants (for example, a shared hallway or basement).

If your landlord is responsible for supplying heating fuel but doesn't and the temperature stays below 65°F, she/he can be arrested. If you do not have heat because your landlord's utility bill (electricity or gas) was not paid, see below (When The Landlord Is Responsible For The Bill and Utility Service Is Shut Off).

If you don't have heat, there are steps you can take to get heat when you need it right away:

1.    Use a thermometer to check the temperature in your home. Write down the date, time and temperature.

2.    Contact your landlord or the manager. Ask for heat of at least 65°F.

3.    If you cannot contact your landlord or the manager, or if they don't resolve the problem, contact your local housing or health code enforcement official. You can usually find these health officials through the blue pages in the telephone book, through your town hall, or through the CT Department of Public Health's website.  If you cannot find the health official, call the Connecticut Department of Public Health at (860) 509-7660. Ask for their help in arranging adequate heat.

4.    If you still do not have heat, or if the housing code enforcement office is closed for the night or weekend, contact the police and ask that your landlord be arrested. Tell the police that the law being  violated is "Connecticut General Statutes section 19a-109." The police officer will take the temperature in  your apartment.  If it is 65° or higher, the officer cannot do anything, so if you are using a space heater or your stove to heat a cold apartment, there may not be evidence that the landlord has broken the law.  It is dangerous to use a stove for heating unless the stove is specially equipped to provide heat.  You may need to be insistent with the police and file a formal complaint. Often the threat of arrest will "encourage" your landlord to arrange for adequate heat for you.

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When You Don't Have Cooking Gas, Electricity, Hot Water Or Running Water

If you do not have cooking gas, electricity, hot water or running water when your landlord is responsible for providing these services, your landlord can be arrested. You cannot be required to pay for cooking gas, electricity, hot water or running water if any of the service is used by any other tenant or used in an area shared with other tenants (for example, a shared hallway or basement).

If you need these services immediately, follow steps 2, 3 and 4 above. First contact your landlord or the manager, then housing or health code officials, and then the police. It also violates "Connecticut General Statutes section 19a-109" when your landlord is responsible for, but does not provide, cooking gas, electricity, hot water or running water.

If you don't have these services because your landlord is responsible for the utility bill (electricity, gas or water) and the utility company has shut off service, see  When a Landlord Requests That Utility Service Be Shut Off below.

Other Action You Can Take

Getting Heat, Electricity, Gas, Water, or Different Housing

In some situations, you can buy the service your landlord is not providing (even though she/he is responsible for the service) and deduct your costs from the rent. You can do this in addition to seeking help from housing and health code officials and the police. However, you cannot use this law if you, a member of your household, or a guest caused the problem. Nor may you use this law if the problem is outside of the landlord's control (for example, if the furnace breaks down and your landlord is trying to make repairs, or a power line is down and power company must make repairs).

To use the law, you must write to your landlord.   Send the letter by certified mail and keep a copy for your records.  In the letter, write what the problem is and what services you do not have. Ask for the problem to be corrected immediately. If the problem is not corrected immediately, you can do one of the following things:

• You can get reasonable amounts of the missing services during the time your landlord isn't providing them, and deduct the cost from your rent. If you do this, be sure to get receipts for any service you purchase (example, for a space heater you bought and fuel for the space heater).

OR

• If you do not have the missing services for two business days after you notified your landlord of the problem, you can get other housing until the problem is fixed. If the same problem happens again within six months, you can get other housing immediately. If you move temporarily to new housing, you do not owe your landlord rent for the time you spend in substitute housing before the problem is resolved. You can sue your landlord for the cost of substitute housing, up to the amount of rent you would have normally paid him/her, for the time you had to be in substitute housing. Since substitute housing usually costs more than rent (for example, a motel), you may not be able to get the full cost.

OR

• If your landlord is intentionally not supplying you with services, you can end your lease and sue your landlord for up to two months rent or double your costs related to his/her failure to provide services, whichever is higher. Your costs could include the cost of substitute housing, or a space heater and fuel, or other expenses.

If you need to sue your landlord in any of these options, you can ask the court to require the landlord to pay for your attorney.
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Making Rent Payments Into Court

If your landlord is not providing required services or making repairs, despite your request,  DO NOT STOP PAYING YOUR RENT. If you choose to reduce your rent based on the information in this booklet, do so only under circumstances and by the amount this booklet tells you is legal. If you don't, your landlord may try to evict you.

You have another option under Connecticut law: a payment into court lawsuit (See the Legal Aid booklet, Tenants' Rights: Repairs). Under this option, you pay your rent to the court. The court can order your landlord to make repairs or provide services. It can also order some of your rent returned to you in some situations.

1.   You must contact the town housing or health code, or building enforcement agency at least 21 days before you file a court action.  Explain the problem and ask for assistance resolving it.  If you live in a mobile home park, contact Consumer Action at the Connecticut Department of Consumer Protection (860-713-6144) for assistance.

2.   After 21 days, if your problem has not been resolved, contact the housing court and ask to file a payment into court action.  You will need to fill out two forms: (a) the Notice of Suit, and (b) the Complaint. Be prepared to pay your rent to the court clerk.  Bring cash or a money order - the clerk will not take a personal check. There is a filing fee to do this, but it can be waived for low-income persons.

       Again, do not stop paying your rent. You may not file a payment into court action if your landlord has sent you a "Notice to Quit" for nonpayment of rent before you file with the court, or before you complain to the town housing or health code enforcement agency, or the Commissioner of Consumer Protection. See the Legal Aid booklet, Tenants' Rights: Repairs to find out more about Payment Into Court.

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Court Appointed Receiver Of Rent

If there are three or more apartments in your building, a majority of tenants can ask the court to appoint someone to collect the rent (a "receiver"). The receiver would be responsible for arranging for repairs and providing services such as heat, electricity, gas, hot water or running water. The court will not appoint a receiver for the rent if the tenants caused the problem. There is no fee for filing this type of case in court. But it is complicated and representation by an attorney is important. Contact Statewide Legal Services for more information.*

Complaining To A Fair Rent Commission

Some cities and towns have Fair Rent Commissions. These commissions consider whether rental charges are excessive in light of the services and equipment supplied by the landlord, whether apartments or rented homes meet health and safety requirements in the law, and the availability of utilities. They can hold rent paid by tenants and order rent reductions or repairs. If your city or town has a Fair Rent Commission, the ordinance (legal rules) describing the commission will be available at the town clerk's office. The ordinance will provide you with information on how to complain to the commission (also see the Legal Aid booklet, Tenants' Rights: Fair Rent Commission).

When Your Utility Meter Covers More Than Your Utility Service

If your gas, electric or water utility meter covers service provided to other tenants or to areas shared with other tenants (such as lights in the basement or hallway or over a porch that leads to more than one apartment), the bill should be in your landlord's name, not in your name.  In this situation, you have two choices:

1.  You can ask the utility company to put the service in your landlord's name,
or
2.  You can leave the utility service in your name and deduct from the rent a reasonable estimate of the cost of the portion of the service which is used by other tenants. The utility company can provide you with such an estimate. You should ask the utility company to provide this estimate in writing and you should save this written estimate in case you have to use it in court later.

There is less risk to you if you have the bill put into your landlord's name in this situation. If you leave the bill in your name and it gets to be more than you can afford, you may end up with a debt to the utility company that is difficult to pay. You also risk being evicted for not paying your rent and having to prove in court that you only deducted from the rent a reasonable estimate of the utility use of other tenants.

If you ask the utility company to put your service into your landlord's name and they refuse, you can "dispute" your bill and appeal to the Connecticut Department of Public Utility Control (DPUC). The Legal Aid booklet, Rights of Utility Customers, tells you how to dispute your bill and appeal to the DPUC if necessary. This is not difficult to do.

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When A Landlord Requests That Utility Service Be Shut Off

Gas, electric or water companies (except municipal utilities like Norwich Electric) cannot shut off service at the request of a landlord unless:

• The landlord provides the utility with a statement signed by the tenant agreeing to have utility service shut off (you should NEVER agree to have your utility service shut off while you still live in your apartment or home); or
• The landlord provides a notarized statement that there are no tenants in the house or apartment, signed by the landlord.

If your utility service has been shut off at your landlord's request, call the utility company and ask them to turn your service back on. If the utility bill was in your name before the shut-off, it should stay in your name. However, if the landlord or someone else is responsible for the bill, do not agree to have it put in your name.

The Legal Aid booklet, Rights of Utility Customer, tells you how to appeal to the Connecticut Department of Public Utility Control (DPUC) if a utility company shuts off your utility service at the request of your landlord and does not immediately turn service on once you contact them.

When The Landlord Is Responsible For The Bill and Utility Service Is Shut Off

Gas, electric and water companies cannot shut off your utility service if your landlord is responsible for the utility bill, unless the company gives you 13 days advance written notice by regular mail or 7 days notice by certified mail (depending on whether and when prior notices were sent to you) of the plan to shut off service. The notice must include the date of the planned shut-off and the telephone number and address of the utility company and the Connecticut Department of Public Utility Control (DPUC). The notice must also explain your options for avoiding a shut-off. If you make a payment to a utility company under one of these options, the full amount of any payment can be deducted from your rent payment. The following are possible options:

• If there is a separate meter for your apartment or house (the meter does not cover another apartment or any shared areas such as hallways or basements), the company can require you to put service in your name. If service is put in your name, the utility company cannot charge you a security deposit and you do not have to pay any of the amount owed by your landlord before the bill was put in your name.
• If there is a master meter (more than one apartment on a meter, or at least one apartment and areas shared by other tenants), there are two possibilities:

1.  If all the tenants agree in writing, service can be put in everyone's names, with an agreed upon plan for dividing the bill and responsibility for payment. As long as at least one tenant is making his/her payments under such a plan, the utility service cannot be terminated. Any tenant or the utility company can end this arrangement at any time, for any reason, by requesting in writing that it be ended.

2.  If you do not agree to the possibility described above, or you initially agreed but then notified the utility company that you wanted the arrangement to end, the utility company cannot terminate utility service. The company can sue the landlord and ask the court to appoint a "receiver." The "receiver" would collect rent and pay the utility bills.

The Legal Aid booklet, Rights of Utility Customers, tells you how to appeal the DPUC if a utility company does not follow the rules outlined above. It is not difficult to appeal to the DPUC.

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When A Tenant Wants To Weatherize To Reduce Energy and Utility Bills

If you want to weatherize your rented home or apartment to reduce energy and utility bills, or for your comfort, you do not need the landlord's permission. However, you must follow a procedure where you notify your landlord and give him/her a chance to disapprove of the weatherization. Even though you must notify your landlord, she/he cannot disapprove of the installation of removable weather-stripping around doors and windows, removable interior storm windows and insulation wrap around hot water heating tanks. Any weatherization measures you decide to take must be done without cost to your landlord, unless your landlord agrees to cover the cost.

1. Send a letter by certified mail, return receipt requested, to your landlord. In the letter tell your landlord what weatherization measures you intend to take. Keep a copy of your letter.

2. Unless your landlord gives you written notice within 20 days that the weatherization measures you intend to take are disapproved, you may go ahead and take the action you told the landlord you would in your letter.

• TFA, State Supplement (AABD) and SAGA recipient homeowners may be able to get funding from DSS for repairs needed to allow them to remain in their homes. Contact your DSS worker for this assistance.
• Community Action Agencies (CAA) have funding to provide weatherization assistance and sometimes they have funds to make emergency repairs or they have weatherization materials you can install yourself. Contact Infoline (2-1-1) to find out how to contact the CAA serving your area.
• Help may be available from your utility company. CL&P customers should contact Infoline (2-1-1) or CL&P’s WRAP program at 1-800-388-9727, and an application can be downloaded from CL&P. UI customers should call 1-203-499-3529 and ask for weatherization assistance. Gas companies also have assistance and should be called directly. The SmartLiving Center (297 Boston Post Road (Rt. 1), Orange, CT), gives away free weatherization kits to customers who take a tour; each kit includes: ENERGY STAR light bulb; outlet and switch gaskets; a refrigerator thermometer; an aerating shower head; and weatherization foam tape for windows and doors.
• Interest subsidized loans available through the Connecticut Housing Investment Fund (CHIF) for homeowners. Call (860) 233-5165.

1. How to Keep Year 'Round Utility Service/Resolving a Utility Shut-0ff
2. Rights of Utility Customers
3. Energy and Utility Problems With Landlords
4. Energy Assistance Information

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Where Can I Go for More Information?

Assistance Resolving Problems with Utility Companies

• Consumer Assistance and Information Unit is part of the DPUC which assists utility consumers. DPUC, 10 Franklin Square, New Britain, CT 06051. (1-800-382-4586 or 860-827-2622). TDD Telecommunications for the Deaf (860) 827-2837.
• Office of Consumer Counsel represents utility customers from throughout Connecticut. 10 Franklin Square, New Britain, CT 06051 (860-827-2900).

• Legal Aid assists low-income persons with some problems with utility companies. Call Statewide Legal Services at (860) 344-0380 or 1-800-453-3320 for more information.

Information on Applying for Energy Assistance

Use the following to locate possible sources of energy assistance, including information on where to apply and program deadlines. For more detailed information, see the booklet Energy Assistance Information for Low-income Households.

• Infoline 24-hour Hot Line: 2-1-1
• Energy Assistance Hot Line: 1-800-842-1132
• Energy Assistance Website:  www.ct.gov/staywarm
• Assistance for Hearing Impaired Persons.  If you are hearing impaired, these resources are available to assist you in contacting a utility company or other source of assistance listed in this booklet:
  • Infoline has TDD available.
  • Relay Connecticut acts as a message relay service between deaf and hearing people.  Dial 7-1-1 or dial 1-800-842-9710 for TTY/ASCII/Spanish/VCO/HCO; or 1-800-680-3746 Spanish to Spanish relay.
  • Commission on the Deaf and Hearing Impaired has interpreting services and other assistance available  (Voice or TDD at 860-231-8756 or 1-800-708-6796) 

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

The information in this document is based on the laws in CT as of June 2006. 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.

Copyright:  June 2006

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