COVID-19 Update: Outdoor Dining, Liquor Permittees, Evictions, and Court Operations
On August 21, 2020, Governor Ned Lamont issued his Executive Order No. 7OOO, which provides a potpourri of extensions and modifications of several previous Executive Orders. Specifically, EO 7OOO pertains to outdoor dining, credit for liquor permittees, evictions, and defaults and nonsuits in civil and family matters.
- Extension of Expansion of Outdoor Dining
Executive Order No. 7MM, which provided for expedited review and an easing of restrictions in order to allow for outdoor dining, has been extended through November 12, 2020. - Modification of the Extension of 30-Day Period of Credit for Liquor Permittees
Executive Order No. 7S, which had extended the maximum period of credit available to certain liquor permittees to 90 days, has been shortened to 60 days. (Current laws and regulations would ordinarily permit no more than a 30-day period of credit.) - Extension of Eviction Moratorium
Executive Orders Nos. 7X, 7NN, and 7DDD decreed and then extended a moratorium on the service of notices to quit to and through August 22, 2020 (with EO 7DDD allowing for service of notice to quit on or after July 1, 2020 if the nonpayment of rent preceded February 29, 2020). This Executive Order extends the eviction moratorium so that no notice to quit may be issued prior to October 1, 2020, except for (1) nonpayment of rent due on or before February 29, 2020, (2) serious nuisance, or (3) if the landlord genuinely intends to use the unit as his or her principal residence (provided the term of the existing rental agreement has expired). The Executive Order also extends the period in which a renter may apply a security deposit in excess of one month to any rent due to September 2020.[1] - Defaults and Nonsuits in Civil and Family Matters to Resume
Executive Order No. 7G suspended, among other things, various venue requirements, time requirements and deadlines, and statutes of limitations in actions in the state courts. This Executive Order modifies or clarifies EO 7G such that the Superior Court may resume defaulting and nonsuiting parties in civil and family matters. The Executive Order directs the Chief Court Administrator to determine a schedule for doing so but by no later than September 20, 2020.
Please feel free to contact the following individuals at Updike, Kelly & Spellacy, P.C. who are part of the UKS COVID-19 Response Team with respect to creditor’s rights and bankruptcy matters.
Thomas A. Gugliotti is a shareholder and chair of the firm’s Creditors’ Rights practice. He focuses his practice on various forms of creditors’ rights litigation in both state and federal court, including commercial foreclosures and evictions. He can be reached at (860) 548-2661 or tgugliotti@uks.com.
Evan S. Goldstein is a shareholder and member of the firm’s Bankruptcy and Creditors’ Rights, Commercial Litigation, and General Corporate Counsel practice groups. He has experience representing secured creditors in state and federal court and in workouts, both in and out of court. He can be reached at (860) 548-2609 or egoldstein@uks.com.
Paul N. Gilmore is a shareholder and member of the firm’s Bankruptcy and Creditors’ Rights, Commercial Litigation, Appellate Law, and Intellectual Property practice groups. He handles trials and appeals in state and federal courts, and represents clients in diverse industries, solving complex legal problems with a paramount focus on achieving the client’s business objectives. He can be reached at (860) 548-2641 or pgilmore@uks.com.
Kevin J. McEleney is a shareholder and member of the firm’s Bankruptcy and Creditors’ Rights and Commercial Litigation groups. He has experience representing secured and unsecured creditors in various bankruptcy courts. Outside of bankruptcy, he assists creditors negotiating workouts for matured or defaulted debts. He also litigates business and commercial issues in state and federal court. He can be reached at (860) 548-2622 or kmceleney@uks.com.
Disclaimer: The information contained in this material is not intended to be considered legal advice and should not be acted upon as such. Because of the generality of this material, the information provided may not be applicable in all situations and should not be acted upon without legal advice based on the specific factual circumstances.
[1] For rental units backed by a mortgage issued by the Federal Housing Authority, the U.S. Department of Housing and Urban Development extended its eviction moratorium through the end of the year. HUD also extended its foreclosure moratorium on FHA-backed loans through the end of the year, as well.
As for the Connecticut Judicial Branch, on July 20, 2020, it ordered a stay of all issued executions on evictions and ejectments through September 1, 2020. The Judicial Branch has made similar extensions shortly before the running of previous stays.