9/30/2014 

Property owners in Mansfield are raising concerns that are being heard throughout Connecticut's landlord community over tenant and landlord rights and the town's Mandatory Housing Inspection Program; here's a little background.

Some claim the State of Connecticut must regulate all business activity and this is the primary purpose for mandatory inspection ordinances. Specifically, protecting the consumer involved in a transaction of paying rent to an owner. Most ordinances fail to mention this but list the purpose as "Protecting the public's health, safety and welfare from building hazards."  

Controversy exists over a common practice of exempting owner-occupied units from inspections because politicians know they would receive "Political push-back" but this exemption raises equal protection issues as hazards are not exclusive to tenant units.

In New Britain, "Political push-back" did develop over its licensing and inspection program and the former Mayor and many city council members that adopted the inspection program where voted out of office last November. Their inspection ordinance, adopted in 2012 was repealed earlier this year.    

CT law is clear; tenants and not owners have exclusive control over a unit once a lease agreement begins. Recently a "Right of Consent to Enter Form" was distributed to some Mansfield tenants by their property owners notifying them of their Constitutional Right of choosing to allow or deny entry to the town inspectors. The Consent Form also stated if the tenant agrees to an inspection, they would pay the city's $150 inspection fee but this language passing along a fee raised concerns amongst tenant advocates.       

This month, the Town of Mansfield received several signed Tenant Consent Forms denying entrance for inspections. The town then obtained Administrative Search Warrants and served them upon a building manager and not the individual tenants. 

With warrants in hand, the town Housing Inspectors summoned the CT State Police and went to the property to inspect units. Some tenants where at work and not present to let them in, the town insisted to inspect all units with warrants, the property manager would not let them in citing a lack of a 24 hour notice, the town insisted, the manager  handed over the keys and the police and inspectors opened the locks and went in.    

Where this goes next is problematic because it is inevitable that somebody will deny entry under a Court Order which will force the town's hand and cause a tenant, property manager or property owner to be arrested, if the city doesn't make an arrest, the program fails.

This issue has gained a political flavor just six weeks out before our State elections. Some owners claim this is just another example of Connecticut's anti-business policy causing our State's economy to die. While some tenants claim it's an unnecessary intrusion by a "Big-Brother Government" that operates under the premise people can't think or protect themselves and Connecticut must regulate every aspect of its citizens lives.

As a result of these developments, I have several meeting this week with Legislators, Lawyers, Housing Advocates, Code Enforcement Officials and Law Enforcement, we hope to find some common-ground and solutions soon.