Housing is a basic need that should be safe and sanitary. To that end, most states provide certain protections in State Statutes. An example of this is the provision of heat in a rented dwelling. When heat is supplied as part of the rent, it must be furnished as necessary to maintain 65 degrees or more even if it gets cold in the middle of July. Often complaints are received when a landlord has informed a tenant that no heat will be supplied until October 15th. This is simply not legal.
Other provisions of the Tenement Act provide protections regarding minimum standards in housing. Many towns created their own housing codes in the 1960’s and 1970’s in order to receive monies from the federal government through Community Development Block Grants. Within the Chatham Health District the towns of Portland, East Haddam and East Hampton have housing codes or ordinances. The district is working on a unified code that will cover all member towns. The model for the housing code is the “International Property Maintenance Code”. The code is broad and will encompass exterior maintenance, pest control, rubbish and garbage, lighting, ventilation, occupancy limits, plumbing and fixtures, water and sewage disposal systems, heating, mechanical and electrical systems and fire safety. As one would expect, Chatham Health works closely with building and fire officials in the member towns to coordinate inspection and enforcement.
The health district is not a mechanism to forestall eviction for non-payment of rent. Although we will respond to any housing complaint, you may be asked if the rent is current. Rent may only be legally withheld through an attorney by putting the money in an escrow account. If you cannot afford an attorney, Legal Aid Statewide legal Services (located in Middletown 860-344-0380) may be of some assistance.
As a general rule, a housing unit should be ready to rent and not in need of repair. Offers to allow a certain lowering of the rent in exchange for the tenant supplying repairs almost never work for either party. The health district also realizes that both tenants and landlords have responsibilities. The landlord should supply a clean, safe unit and the tenant should maintain it as such. Leases can be of considerable help in outlining responsibilities of both parties.