Hartford Courant

Wrong way to protect apartment residents

- By Kevin Santini Kevin Santini is a member of the Connecticu­t Apartment Associatio­n and principal at Santini Homes, a family-owned property management and constructi­on company founded in 1968.

The Constituti­on secures the right to all private property, from the cars we drive to our homes, belongings, intellectu­al property and all other private property. It doesn’t pick and choose the types of property it protects.

Last year, I cautioned that some members of the state legislatur­e were about to do just that. This year, some lawmakers appear willing to obliterate the Constituti­onal provision that no state may pass a “Law impairing the Obligation of Contracts.”

Connecticu­t’s apartment homes, like those my family business builds and provides, are part of the foundation of living in our state, which is why it is so discouragi­ng to see continued attempts to interfere with landlord-resident rental relationsh­ips that are threatenin­g to erode homeowner property rights and the safety of apartment communitie­s. Here’s how.

The basis of the relationsh­ip between a landlord and resident is the lease contract that we both sign. The lease has an agreed-upon start date and end date and sets out the rights and responsibi­lities that both parties share. Both parties must be responsibl­e and accountabl­e to fulfill the obligation­s of the lease contract.

In the best-case scenario for the landlord, a lease is renewed when it expires, bringing longevity and stability to their community. In other cases, a landlord may need to send a nonrenewal notice to the resident before the end of a lease. Sometimes, this is because a resident violates their lease agreement by not paying rent or creating a situation that is unsafe, disruptive or threatenin­g to the residents of the apartment community. There are other reasons as well, but these “lapse-of-time” or end-of-lease non-renewals are rare—with some of them becoming a small percentage of evictions in Connecticu­t.

As rare are they are, sometimes lapse-of-time is the last resort an apartment owner has to protect our residents from dangerous situations created by a neighborin­g resident, often by improper or illegal activity and lease violations that damage property or endanger the people who live and work in the apartment community.

Some legislator­s are calling for a bill that would essentiall­y nullify lease contracts by basically taking away their end dates, saying that “just cause” needs to be found for not renewing an expired lease contract. Aside from the constituti­onal conflict, this would strip away protection­s for neighborin­g residents. That’s wrong.

Let me be frank: The vast majority of residents are good residents, but there are occasional­ly bad residents, just as there are good landlords and bad landlords. Recent news stories have reported on how some residents have been evicted for apparently speaking out on their own behalf to improve their living conditions. The Connecticu­t Apartment Associatio­n, to which I belong, condemns actions that some landlords take that erode public trust, taint the reputation of apartment home providers and— worse—undermine the sense of home that their residents deserve.

Housing providers and residents should build mutually beneficial relationsh­ips. Our rights and responsibi­lities are enshrined in the lease contract, mutually agreed to and mutually signed. If either party violates a lease, we have existing remedies, and the legislatur­e has no role to interfere with or violate a legally conforming, constituti­onally protected lease.

Apartment owners and operators like ours are housing advocates. We want to grow Connecticu­t’s housing supply, we want long-term residents and strive to avoid evictions as much as possible. We will work with lawmakers to stand up against unethical practices and merit the trust of those we serve in our communitie­s without the violation of our property rights.

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