No Heat Calls: - PowerPoint Presentation

Slide1

No Heat Calls: C.G.S. § 19a-109

Let’s Look At The Statute!Slide2

C.G.S. § 19a-109When any building or part thereof is occupied as a home or place of residence or as an office or place of business, either mercantile or otherwise, a temperature of less than sixty-five degrees Fahrenheit in such building or part thereof shall, for the purpose of this section, be deemed injurious to the health of the occupants thereof, except that the Commissioner of Public Health may adopt regulations establishing a temperature higher than sixty-five degrees Fahrenheit when the health, comfort or safety of the occupants of any such building or part thereof so requires. In any such building or part thereof where, because of physical characteristics or the nature of the business being conducted, a temperature of sixty-five degrees Fahrenheit cannot reasonably be maintained in certain areas, the Labor Commissioner may grant a variance for such areas. The owner of any building or the agent of such owner having charge of such property, or any lessor or his agent, manager, superintendent or janitor of any building, or part thereof, the lease or rental agreement whereof by its terms, express or implied, requires the furnishing of heat, cooking gas, electricity, hot water or water to any occupant of such building or part thereof, who, wilfully and intentionally, fails to furnish such heat to the degrees herein provided, cooking gas, electricity, hot water or water and thereby interferes with the cooking gas, electricity, hot water or water and thereby interferes with the comfortable or quiet enjoyment of the premises, at any time when the same are necessary to the proper or customary use of such building or part thereof, shall be guilty of a class D misdemeanor. No public service company or electric supplier, as defined in

section 16-1

, shall, at the request of any such owner, agent, lessor, manager, superintendent or janitor, cause heat, cooking gas, electricity, hot water or water services to be terminated with respect to any such leased or rented property unless the owner or lessor furnishes a statement signed by the lessee agreeing to such termination or a notarized statement signed by the lessor to the effect that the premises are vacant.Slide3

What does it all mean….?Slide4

C.G.S. § 19a-109: OverviewA landlord must provide properly working equipment for heat and utilities-even if the tenant must pay for his own heat or utility service.

The landlord must provide utility service, fuel, and 65 degrees of heat

unless

the utility services are delivered to the tenant’s unit under an account in the tenant’s name.

To violate this statute, landlord must have a

duty

to provide the utility service, and

willfully and intentionally

fail to do so.Slide5

Let’s look at the details…Slide6

C.G.S. § 19a-109:Buildings and Heat

When any building or part thereof is occupied

as a home or place of residence or as an office or place of business

, either mercantile or otherwise, a temperature of less than

sixty-five degrees Fahrenheit

in such building or part thereof shall, for the purpose of this section, be deemed injurious to the health of the occupants thereof…Slide7

C.G.S. § 19a-109:Buildings and Heat

Applies to residential or commercial property.

65 degrees is the minimum standard for heat.Slide8

C.G.S. § 19a-109:Buildings and Heat Continued

…except that the Commissioner of Public Health may adopt regulations establishing a temperature higher than sixty-five degrees Fahrenheit when the health, comfort or safety of the occupants of any such building or part thereof so requires. In any such building or part thereof where, because of physical characteristics or the nature of the business being conducted, a temperature of sixty-five degrees Fahrenheit cannot reasonably be maintained in certain areas, the Labor Commissioner may grant a variance for such areas. Slide9

C.G.S. § 19a-109:Buildings and Heat Continued

The Commissioner of DPH can adopt regulations requiring a higher minimum temperature if required.

The Labor Commissioner may grant a variance if the nature of the business requires a lower temperature.Slide10

C.G.S. § 19a-109:Who Is On The Hook?

The

owner

of any building or the

agent

of such owner having charge of such property, or any

lessor

or his

agent

,

manager

,

superintendent

or

janitor

of any building, or part thereof…Slide11

C.G.S. § 19a-109:Who Is On The Hook?

Statute is broadly worded!

Owner, Lessor, Agent, Manager, Superintendent, Janitor.

In short: whoever is responsible.Slide12

C.G.S. § 19a-109:Express or Implied Requirements

…the

lease or rental agreement

whereof by its terms,

express or implied

, requires the furnishing of heat,

cooking gas, electricity, hot water or water

to any occupant of such building or part thereof…Slide13

C.G.S. § 19a-109:Express or Implied Requirements

Lease = written

Rental Agreement can be verbal

Express requirement

Implied requirement

Whose name is the utility in?

May only be in tenant’s name if utility is solely for tenant’s unit.

If utility covers common areas, basements, other units: Landlord’s name.

One furnace: Landlord’s name.

One meter: Landlord’s name.Slide14

C.G.S. § 19a-109:Express or Implied Requirements

Utility company may provide name on account.

If utility is legitimately in tenant’s name, Landlord is responsible for the condition of furnace and facilities.

Must be in working order, capable of providing sufficient heat or delivering service.Slide15

C.G.S. § 19a-109:Willfully and Intentionally

…who,

wilfully

and

intentionally

,…Slide16

C.G.S. § 19a-109:Willfully and Intentionally

Willfully: “Knowingly, intentionally, deliberately.”

Knowingly: A person acts “knowingly” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists;

A person acts “intentionally” with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct;Slide17

C.G.S. § 19a-109:Willfully and Intentionally

Aware

of the situation.

Does not take action to correct it that is both

prompt

and

necessary

.

Able

to fix problem but refuses.

Statements and acts of landlord/owner are important

.Slide18

C.G.S. § 19a-109:Failure to Furnish

…

fails to furnish

such

heat

to the degrees herein provided,

cooking gas

,

electricity

,

hot water

or

water

and thereby interferes with the cooking gas, electricity, hot water or water

and thereby interferes with the comfortable or quiet enjoyment of the premises, at any time when the same are necessary to the proper or customary use of such building or part thereof…Slide19

C.G.S. § 19a-109:Failure to Furnish

65 Degrees of Heat

Cooking Gas

Electricity

Hot Water

WaterSlide20

C.G.S. § 19a-109:Exceptions

Section 47a-7(c)

The landlord and tenant of a

single-family residence

may agree in writing that the tenant… [provide hot and cold running water and heat]…and also specified repairs, maintenance tasks, alterations, or remodeling, provided the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. Slide21

C.G.S. § 19a-109:Exceptions

Section 47a-7(d)

(d) The landlord and tenant of a dwelling unit

other than a single-family residence

may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling if (1) the agreement of the parties is entered into in good faith; (2) the agreement is in writing; (3)

the work is not necessary to cure noncompliance with subdivisions (1) and (2) of subsection (a) of this section

; and (4) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.Slide22

C.G.S. § 19a-109:Penalty

…shall be guilty of a class D misdemeanor.Slide23

C.G.S. § 19a-109:Penalty

Maximum penalty of:

30 days incarceration.

$500 fine.

One year of probation.Slide24

C.G.S. § 19a-109:Utility Company Shutoffs

…No public service company or electric supplier, as defined in

section

16-1

, shall, at the request of any such owner, agent, lessor, manager, superintendent or janitor, cause heat, cooking gas, electricity, hot water or water services to be terminated with respect to any such leased or rented property unless the owner or lessor furnishes a statement signed by the lessee agreeing to such termination or a notarized statement signed by the lessor to the effect that the premises are vacant.Slide25

C.G.S. § 19a-109:Utility Company Shutoffs

Utility company should not be shutting off service to an occupied unit at the landlord’s request.

Requires either a signed statement from tenant agreeing to the shutoff;

Or, a notarized statement from the landlord that the unit is vacant.Slide26

C.G.S. § 19a-109: REVIEWObligation to provide service. -Under an implied or express agreement.

Willful

and

intentional

failure to do so.

-Able to fix the problem but refuses to do so.Slide27

C.G.S. § 19a-109

See, reading statutes isn’t so bad!