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 hazmat company within 30 days. Kavanaugh told the hearing the city provided tenants relocation services while the issue remained unresolved and that the city could itself contract for cleanup and seek reimbursement from the owner if necessary.

Owner’s argument

Attorney Ed Tayman, representing property owner Shlomo Finkelstein, said his client had learned of an earlier DEA raid at the unit in 2022, cleaned the space, re-rented it and that tenants lived there for more than two years without illness. Tayman questioned the scope and origins of the tests and the cost of cleanup. He asked the hearing officer to lift the condemnation order so the owner could dispose of tenant belongings and remove the two affected appliances rather than pay tens of thousands of dollars for a full abatement. Tayman said, “we're just asking that the condemnation order be lifted.”

Disputed testing and contractor approvals

The tenant-contracted testing firm (Assure Decontamination Services, ADS) sent samples to EMSL Analytical in New Jersey; Kavanaugh said the city received the EMSL results and that the report showed fentanyl. The city also sought a price and scope from a contractor it uses, Environmental Services Inc. (ESI). Kavanaugh testified ADS was not on the state Department of Energy and Environmental Protection’s (DEP) approved spill-contractor list and therefore could not be used for abatement until it had appropriate state authorization. The transcript records contest over whether the tenant-ordered tests clearly identified the property and who performed the sampling, and the city said it wants to verify who collected the samples and how.

Procedural outcome

The owner filed a timely administrative appeal (record exhibit 2). During the hearing the parties discussed calling a representative from ADS (identified in the record as Jay Sullivan) to clarify how and where sampling was done. The hearing officer granted a limited continuance to secure that witness and proposed dates; the parties set February 26 as the next available hearing date to reconvene on the limited issue of test-chain-of-custody and contractor testimony. The condemnation order and relocation status remain in place pending further proceedings.

Details and context

- Notice of violation: dated Oct. 16, 2024 (record exhibit 1 / local health exhibit 1); the order required cleaning and nondetect test results within 30 days (the notice gave a 30-day compliance target). - Lab report: EMSL Analytical results dated Oct. 12, 2024 were presented by the tenants and received by the city; Kavanaugh testified the report included a chain-of-custody and indicated fentanyl hits on the bath exhaust fan and stove. - Cleanup quotes: testimony referenced an initial quoted cleanup price “close to $18,000” from the testing firm and a separate quote near $25,000 from another contractor; the owner disputed those figures and said a contractor he contacted would not be accepted by the DEP as state-approved. - Relocation: the city provided temporary relocation and later assisted the tenants in obtaining an apartment; the city recorded a relocation lien (local health exhibit 5) and is fronting initial relocation costs with potential recovery from the owner per state statute and local practice.

What was not resolved

The hearing did not resolve whether the sample collection and chain of custody conclusively tied the EMSL results to 4 Magnolia Street’s third-floor unit. The owner and his counsel repeatedly raised chain-of-custody and credibility concerns about the tenant-ordered testing. City witnesses said they relied on the EMSL report and conferred with state authorities before issuing the order. The hearing officer ruled that the city must produce the testing contractor’s witness (or subpoena the witness) so the panel can assess who collected samples, where they were taken and whether the sampling protocol and chain-of-custody tie the lab results to the condemned unit.

Next steps

The hearing was continued to allow the city time to secure (or subpoena) the ADS representative for testimony about sampling and chain-of-custody; the parties agreed to reconvene the hearing on Feb. 26 (date provided during the proceeding). The condemnation order remains effective until the administrative process is completed or the department rescinds it.

The record for this appeal includes the notice of violation (Oct. 16, 2024), the appeal filing (Oct. 17, 2024), EMSL lab results, DEP chemical incident report for Oct. 11, 2024, the order to vacate from the City of Hartford Department of Development Services, contractor quotes and correspondence among the owner, tenant, and city officials.