Toms River landlords could suffer for tenant crimes

< www.app.com/story/news/local/redevelopment/2017/08/10/toms-river-rental-property-ordinance-draft/547249001/ >
A new law would allow Toms River to strip a rental certificate of occupancy from a property where a tenant engages in criminal activity.(Photo: Jean Mikle)
TOMS RIVER – A new law gives the township the power to strip landlords of their rental certificates of occupancy if criminal activity takes place in their properties.
The revised housing and rental property ordinance was adopted late last month by the Township Council. The new law will take effect later this month.
Under the measure, landlords have rental COs revoked or suspended for a period of up to one year for a variety of infractions, including:
– Renting a unit to a tenant (or tenants) who is convicted of any crime or offense during their time living at the rental property. – Criminal or illegal activity occurring on the premises, or engaged in by the occupants, whether or not the activity results in an arrest, charge or conviction. – Conduct by residents of a rental unit that creates a nuisance or disturbs the peace and quiet of the neighborhood. – Conditions at the rental property that make the premises unsafe, unhealthy or unfit for occupancy. – Maintaining or using the rental in a way that creates a dangerous condition that could result in injury to people or destruction of property, or in a way that violates federal and state building codes, as well as local health, safety, building, construction and property maintenance codes.
Rental COs can be suspended or revoked for up to a year.
Township Administrator Paul J. Shives said that the rental CO ordinance revisions came about after Toms River received a complaint about a rental property.
After reviewing existing ordinances, township officials realized they had no laws in place that allows them to deal with complaints regarding illegal activities at rental properties, or unsafe conditions at rentals, Shives said.
Alizar Zorojew, executive director of Downtown Toms River, the township’s business improvement district, expressed concern about the rental CO measure.
“If that tenant commits a crime, the landlord’s certificate of occupancy can be revoked?” Zorojew asked. He questioned whether landlords would be improperly penalized for tenants’ actions.
Township Attorney Kenneth B. Fitzsimmons said the township would work with landlords who are experiencing problems with tenants.
The certificate of occupancy will be automatically suspended if taxes are delinquent for three consecutive quarters, if the property is issued a third notice of violation, or if an owner receives three notices for renting a room or apartment without first obtaining a rental CO.
Property owners can appeal the suspension or loss of a rental CO with the township’s Law Division.
*Jean Mikle: 732-643-4050, jmikle@gannettnj..com*
Read or Share this story: on.app.com/2wMoIIY

Posted in Uncategorized | Leave a comment

Torrington arrests for Aug. 9, 2017

< www.registercitizen.com/general-news/20170811/torrington-arrests-for-aug-9-2017 >
RESISTING ARREST: Sarah M. Mikuski, 31, of 472 East Main St., second-floor apartment, Torrington, was arrested on a warrant from June 29 and charged with interfering with officer/resisting arrest. She was given a $1,000 court-set bond.
ASSAULT: Amy R. St. Jean, 34, of 31 Blinkoff Court, Torrington, was arrested Aug. 7 and charged with assault of an elderly victim, second-degree threatening, risk of injury to child, breach of peace and interfering with an emergency call. She was released on a $2,500 surety bond and was scheduled to appear in Bantam Superior Court Aug. 8.
BREACH OF PEACE: Katryana Freberg, 23, of 647 East Main St., Torrington, was arrested Aug. 7 and charged with breach of peace. She was released on a $500 non-surety bond and was scheduled to appear in Bantam Superior Court Aug. 8.
BREACH OF PEACE: Angela M. Cliff, 42, of no certain address, Torrington, was arrested Aug. 7 and charged with breach of peace. She was released on a $500 non-surety bond and was scheduled to appear in Bantam Superior Court Aug. 8.
BREACH OF PEACE: Jennifer Reeb, 42, of 85 Clarence St., Torrington, was arrested on a warrant stemming from July 30 and charged with second-degree breach of peace. She was given $1,000 bond and was scheduled to appear in court Aug. 9.

Posted in Uncategorized | Leave a comment

Torrington arrests for Aug. 4, 2017

< www.registercitizen.com/general-news/20170805/torrington-arrests-for-aug-4-2017 >
RESISTING ARREST: Ryan E. McCarthy, 41, of 33 Chestnut St., Apartment 1, Torrington, was arrested July 26 and charged with improper use of marker, disobeying officer signal, operate/tow unregistered motor vehicle, interfering with officer/resisting arrest and illegally operating a motor vehicle under suspension. He was given $1,000 bond.
CRIMINAL TRESPASSING: Sara A. Mansfield, 23, of 318 Prospect St., Torrington, was arrested Aug. 1 and charged with second-degree criminal trespassing. She was released on a $1,500 non-surety bond and scheduled to appear in court Aug. 14.
FAILURE TO APPEAR: Jennifer L. Magowan, 38, of 224 Eno Ave., Torrington, was arrested Aug. 2 and charged with first-degree failure to appear. She was released on a $1,000 surety bond and scheduled to appear in court Aug. 14.
CRIMINAL TRESPASSING: Keyon Lydel Robinson, 20, of 20 Linden St., Torrington, was arrested Aug. 3 and charged with first-degree violation of conditions of release, first-degree criminal trespassing and possession of less than four ounces of marijuana. He was given a $2,500 bond.
BREACH OF PEACE: Alyssa M. Mow, 19, of 101 Danbury Corner Road, Winchester, was arrested Aug. 3 and charged with second-degree breach of peace and fourth-degree criminal mischief. She was released on a $2,500 non-surety bond and scheduled to appear in court Aug. 4.

Posted in Uncategorized | Leave a comment

Torrington arrests for August 2, 2017

< www.registercitizen.com/general-news/20170802/torrington-arrests-for-august-2-2017 >
BREACH OF PEACE: Vern W. Campbell, 52, of 24 Taylor St., Torrington, was arrested July 31 and charged with breach of peace. He was released on a $1,000 non-surety bond and scheduled to appear in Bantam Superior Court on Aug. 1.
UNLAWFUL RESTRAINT: Jonathan P. Flematti, 37, of 289 Notting Hill Gate, Torrington, was arrested July 31 and charged with breach of peace and unlawful restraint. He was held in lieu of $500 bond and scheduled to appear in Bantam Superior Court Aug. 1.
DUI: Jose L. Ortiz, 39, of 288 Litchfield St., second-floor apartment, Torrington, was arrested July 29 and charged with illegally operating a motor vehicle under the influence of alcohol/drugs. He was released on a $500 non-surety bond and scheduled to appear in Bantam Superior Court Aug. 7.
FAILURE TO APPEAR: Keith Cullina, 43, of 908 Main St., Torrington, was arrested Aug. 1 and charged with failure to appear. He was given $25,000 bond.
ASSAULT: Chelsea Damboise, 20, of 57 Whiting Ave., Torrington, was arrested Aug. 1 and charged with breach of peace and assault. She was released on a $500 non-surety bond and scheduled to appear in court Aug. 2.
LARCENY: Ryan J. Kaminski, 34, of 155 Sheffield Lane, Bristol, was arrested on a warrant stemming from June 1 and charged with conspiracy to commit fifth-degree larceny and fifth-degree larceny. He was held on $1,000 court-set bond.
HARASSMENT: Chelsea Damboise, 20, of 305 Litchfield Road, Harwinton, was arrested Aug. 1 and charged with violation of conditions of release and harassment. She was released on a $2,500 non-surety bond and scheduled to appear in court Aug. 2.

Posted in Uncategorized | Leave a comment

Torrington arrests for July 26, 2017

< www.registercitizen.com/general-news/20170726/torrington-arrests-for-july-26-2017 >
ASSAULT: Ashley M. Chausse, 24, of 238 East Main St., Torrington, was arrested July 22 and charged with assault and breach of peace. She was released on a $1,000 non-surety bond and scheduled to appear in court Aug. 1.
RISK OF INJURY: Michael Diorio, 31, no certain address, Torrington, was arrested July 24 and charged with breach of peace and risk of injury to child. He was held in lieu of $10,000 bond and scheduled to appear in Bantam Superior Court on July 25.
BREACH OF PEACE: Karissa Lamothe, 25, of 92 Beechwood Ave., second-floor apartment, Torrington, was arrested July 24 and charged with breach of peace. She was released on a $500 non-surety bond and scheduled to appear in court July 25.
DRUG SALE: Michael S. Crump, 39, of 174 Park Ave., Apartment 1, Torrington, was arrested on a warrant stemming from April 6 and charged with sale of hallucinogen/narcotic. He was held on a court-set $50,000 surety bond and scheduled to appear in court July 26.
BREACH OF PEACE: Tommie Lynn Thomsen, 30, of 1558 Doc Wyatt Road, Wadesboro, N.C., was arrested July 25 and charged with breach of peace. She was issued a misdemeanor summons and scheduled to appear in Bantam Superior Court July 26.

Posted in Uncategorized | Leave a comment

Recent Updates to Connecticut Statutory Landlord/Tenant Law

< www.jdsupra.com/legalnews/recent-updates-to-connecticut-statutory-43103/ >
This past legislative session of the Connecticut General Assembly saw assorted legislation that collectively seeks to further regulate the conduct of landlords, who already must navigate an often cumbersome and confusing array of laws and regulations, particularly with regard to those landlords who engage in multi-family residential leasing. A handful of new laws involving security deposits, foreclosed leasehold interests, substitute housing and the disposition of deceased tenant’s belongings have been signed by the governor and will become law on October 1, 2017.
*Security Deposits*
Under Connecticut law, a security deposit is any advance rental payment, except for an advance rental payment for the first month’s rent or a deposit for a key or any special equipment. In the case of a residential tenant under sixty-two years of age, a landlord cannot demand a security deposit in an amount that exceeds two months’ rent. For a tenant sixty-two years of age or older, a landlord cannot demand a security deposit that exceeds one month’s rent. Under Public Act 17-236 , if a landlord has received a security deposit in an amount that exceeds one month’s rent from a tenant who then turns sixty-two, the landlord must return the portion of the security deposit that exceeds one month’s rent upon the tenant’s request.
Importantly, there is no stated right in this Act to inspect the premises prior to returning the excess security deposit to the tenant, and it does not appear as though this requirement can be waived by the terms of the lease. Thus, if a tenant makes a request for the return of the excess security deposit, the landlord must comply. As with the return of security deposits generally, violating this Act could lead to punitive damages and potential criminal charges.
*Foreclosure*
Public Act 17-26 subjects foreclosed landlords to the penalties for larceny if they continue to collect rent after their right to redeem the property has been foreclosed. This Act affects commercial and residential rental properties alike. Depending on the amount of rent involved, penalties for violating this Act vary from a Class B Felony to a Class C Misdemeanor, all of which can include jail time as a penalty.
*Substitute Housing*
Public Act 17-171 makes a minor, but still more landlord-restrictive, change by reducing the amount of time from two business days to forty-eight hours that a landlord has to procure reasonable substitute housing for a tenant in the event that utilities or other essential services as required by a lease are suspended or fail to be provided to the premises.
*Possessions of Deceased Tenants*
It has long been the case that the disposition of a deceased tenant’s belongings is not an easy task for a landlord. Public Act 17-22 seeks to make such a task simpler by amending the statutory scheme by which a landlord may remove a deceased occupant’s possessions without the need to bring a summary process action. This Act provides that occupants may now designate an emergency contact and, upon the death of that occupant (so long as that occupant is the sole occupant of the dwelling), the landlord must send a notice to the emergency contact and the deceased tenant’s next of kin (if known), including the landlord’s telephone number and mailing address and the telephone number of the relevant probate court.
Landlords should strongly consider requiring the identification of an emergency contact in all residential lease forms. By naming an emergency contact, the landlord can potentially save the costs of having to secure and pay for additional services in the removal, storage and sale of the possessions which, invariably, wind up being charged to the landlord without real recourse for the landlord to recover his or her costs.

Posted in Uncategorized | Leave a comment

Torrington arrests for July 24, 2017

< www.registercitizen.com/general-news/20170725/torrington-arrests-for-july-24-2017 >
STRANGULATION: Richard O’Loughlin, 31, of 116 Winterberry Way, Torrington, was arrested July 12 and charged with second-degree breach of peace, second-degree strangulation and third-degree assault. He was released on $2,500 non-surety bond and scheduled to appear in Bantam Superior Court on July 24.
PROTECTIVE ORDER: Robert L. Kayser, 50, of no certain address, Torrington, was arrested July 21 and charged with violation of protective order. He was held in lieu of $5,000 police-set cash bond and scheduled to appear in Bantam Superior Court July 31. He was also arrested July 12, charged with second-degree breach of peace, second-degree harassment and violation of protective order, and held in lieu of $2,500 cash or surety bond for a July 24 appearance in Bantam Superior Court.
DUI: Mark Bigos, 49, of 149 Migeon Ave., Torrington, was arrested June 25 and charged with improper turn/stop no signal and illegally operating a motor vehicle under the influence — second offense. He was released on a $2,500 bond and scheduled to appear in Bantam Superior Court July 31.
LARCENY: Melissa Layfulde, 38, of 4 Prospect Place, Apartment C, Torrington, was arrested on a warrant stemming from June 11 and charged with sixth-degree larceny. She was held in lieu of $5,000 cash bond and scheduled to appear in Bantam Superior Court July 24.
VIOLATION OF PROBATION: Dorothy M. Zeller, 32, of 23 Gear Ave., Meriden, was arrested July 21 and charged with violation of probation. She was released on a $75,000 bond and scheduled to appear in Meriden court July 27.

Posted in Uncategorized | Leave a comment

Torrington arrests for July 21, 2017

< www.registercitizen.com/general-news/20170721/torrington-arrests-for-july-21-2017 >
PROTECTIVE ORDER: Nicholas Ferrigno, 55, of 555 Main St., Apartment 2, Torrington, was arrested July 19 and charged with second-degree breach of peace and violation of protective order. He was also charged on a warrant stemming from July 3 for violation of protective order, second-degree breach of peace and third-degree assault. He was given a $1,000 bond and scheduled to appear in court July 20.
ASSAULT: Jonathan Lupachino, 36, of 141 West Hill Road, Torrington, was arrested June 29 and charged with two counts of disorderly conduct and third-degree assault. He was given a $2,500 non-surety bond.
LARCENY: Rolando Morales, 31, of 18 Beatrice St., Bridgeport, was arrested on a warrant stemming from May 13 and charged with sixth-degree larceny. He was released on a $1,000 surety bond and scheduled to appear in court July 31.
DRINKING WHILE DRIVING: Dennis Jenkins, 58, of 104 Heights Drive, Torrington, was arrested July 18 and charged with drinking while driving and failure to grant right-of-way on a private road. He was released on a promise to appear and scheduled to appear in Bantam Superior Court on July 31.

Posted in Uncategorized | Leave a comment

Torrington arrests for July 19, 2017

< www.registercitizen.com/general-news/20170720/torrington-arrests-for-july-19-2017 >
The Torrington Police Department reported the following arrests:
POSSESSION: Rachel A. Farr, 39, of 105 High St., first apartment, Torrington, was arrested July 12 and charged with possession of a hallucinogen/more than four ounces of marijuana, production/preparation of a controlled substance without a license, possession in a school zone and possession of drug paraphernalia in a school zone. She was released on a $10,000 non-surety bond and scheduled to appear in court July 24.
POSSESSION: Eugene Farr, 44, of 105 High St., Torrington, was arrested July 12 and charged with possession of a hallucinogen/more than four ounces of marijuana, production/preparation of a controlled substance without a license, possession in a school zone, and possession of drug paraphernalia in a school zone. He was released on a $10,000 non-surety bond and scheduled to appear in court July 24.
CRIMINAL TRESPASSING: Geoffrey A. Curtis, 37, of 835 New Harwinton Road, Apartment S, Torrington, was arrested July 18 and charged with violation of protective order and first-degree criminal trespassing. He was given $1,000 bond and scheduled to appear in court July 19.
RISK OF INJURY: Jonathan Frye, 40, of 63 Barbero Drive, Torrington, was arrested July 17 and charged with second-degree breach of peace and risk of injury to a child. He was given $500 bond and scheduled to appear in court July 18.
POSSESSION: Brian J. Bingham, 42, of no certain address, Torrington, was arrested July 14 and charged with use of drug paraphernalia and illegal possession of narcotic — heroin. He was released on $2,500 non-surety bond and scheduled to appear in Bantam Superior Court on July 24.
POSSESSION OF PARAPHERNALIA: Chelsey M. Birden, 25, no certain address, Torrington, was arrested July 14 and charged with possession of drug paraphernalia and simple trespassing on railroad property. She was released on a promise to appear and scheduled to appear in Bantam Superior Court on July 18.

Posted in Uncategorized | Leave a comment

Torrington police blotter | Republican-American

< www.rep-am.com/news-records-court/police/2017/07/18/torrington-police-blotter-162/ >
CHRISTOPHER T. WESTFALL, 24, who is listed as homeless, second-degree breach of peace, violation of a protective order, second-degree reckless endangerment, driving with a suspended license, use of drug paraphernalia, July 12. Held on $10,000 surety bond for appearance July 13 in Bantam Superior Court.
BRIAN J. STROH, 36, 24 Lawn St., first floor, Torrington, use of narcotics, use of drug paraphernalia, July 12. Held on $2,500 surety bond for appearance July 13 in Bantam Superior Court.
ANDREW WALTERS, 53, 59 Center St., Apt. 1R, Torrington, driving under the influence of alcohol/drugs, second-degree reckless endangerment, July 11. Released on a promise to appear July 24 in Bantam Superior Court.
AMBER M. PARSONS, 31, 267 Litchfield St., Apt. 5, Torrington, second-degree breach of peace, resisting arrest, July 14. Released on $2,500 bond for appearance July 17 in Bantam Superior Court.
CHELSEY M. BIRDEN, who is listed as homeless, use of drug paraphernalia, trespassing on railroad property, July 14. Released on a promise to appear July 18 in Bantam Superior Court.
BRIAN J. BINGHAM, 42, who is listed as homeless, use of drug paraphernalia, possession of heroin, July 14. Released on $2,500 bond for appearance July 18 in Bantam Superior Court.

Posted in Uncategorized | Leave a comment