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Avon tenants urge council to pursue fines after 38 days without hot water
Summary
Tenants at Avon Place told the Town Council that management company Empire Realty failed to comply with a health-department order after residents were without hot water for 38 days. Tenants asked Avon to pursue court enforcement and fines rather than a cooperative settlement.
Michelle Traub, who identified herself as a resident of Avon Place, told the Avon Town Council that she and about 40 other families endured 38 days without hot water and received inadequate assistance from their management company, Empire Realty. "We absolutely do want you to pursue this course of action; we want Empire Realty to be held accountable," Traub said, asking the Town to press the Farmington Valley Health District's notice of violation.
Traub said the Health District ordered Empire Realty to restore hot water within 48 hours, to provide status updates to residents and to offer relocation housing, and that “none of those three needs were met.” She described an instance when the company provided an empty, unheated apartment and a key that did not open the promised relocation unit. Chairman Dan Polhamus thanked Traub and said the council had heard from multiple residents and would continue to work on the matter.
Town officials told residents they had the legal option to file a complaint in state court under the Health District notice; the Town Manager’s letter to Empire Realty cited statutory fines and estimated penalties of roughly $42,000 for three days without hot water and $512,000 for 38 days, although the Town said it preferred to resolve the matter cooperatively if possible. Several residents, including Leon and Alex Kosovskiy and Jeff Demanche, urged the Town to take formal action and not defer enforcement.
Council members cautioned that if the issue becomes potential litigation they would take advice of counsel and may discuss details in executive session. "If we are talking about a possible court case, anything that we discuss right now should not be in public and it should be under the advice of counsel," Councilor Anthony Weber said. The Town Manager said the Council and staff would follow up and may pursue options with the Health District if necessary.
The Council did not take formal action during the public-comment period; officials said next steps could include meetings with the Health District and Empire Realty, potential court filing if the notice is not appealed, or other enforcement actions consistent with state law. Residents asked that the Town ensure they are included in any meetings and that enforcement does not become merely a cooperative warning.
The matter may be discussed further in executive session and at a later Council meeting when legal strategy and possible formal actions are determined.
