Hartford health department order to vacate third-floor unit upheld for now amid contested fentanyl tests; hearing continued

A City of Hartford administrative hearing over a condemnation order for the third-floor unit at 4 Magnolia Street focused on disputed fentanyl test results, competing cleanup quotes and whether the city properly followed state protocols.

Hearing officer Stacy Shulman opened the proceeding by noting “the burden of proof is on local health in this matter.” The City of Hartford’s legal representative said the department proceeded under Connecticut’s nuisance statute, Conn. Gen. Stat. § 19a-206, after a lab result submitted by tenants reported fentanyl in the unit’s bathroom exhaust fan and the stove. The city ordered the unit sealed, required cleanup and testing by a state-approved contractor within 30 days, and arranged tenant relocation while the matter is resolved.

Why it matters: The dispute raises questions about how local health authorities act on private lab reports, how contractors are selected for hazardous cleanup, and who bears the immediate cost when tenants are relocated for public-safety reasons.

City testimony and evidence

Elizabeth Kavanaugh, chief environmental health sanitarian for the City of Hartford Department of Health and Human Services, testified that the department received a laboratory report (EMSL Analytical) showing fentanyl hits and that the report included a chain-of-custody. Kavanaugh described the department’s steps: notifying the property owner, issuing a notice of violation dated Oct. 16, 2024 (entered as record exhibit 1), and directing that the third floor be cleaned and tested by an approved…