By Carline Martin
Here is this month’s selected question:
Q: I have lived in Greenwich for many years. During summer months one of my favorite activities is to visit Island Beach. I’ve always wondered about the little island with the structure on it that is almost attached to Island Beach at low tide. Can you tell me anything about this?
A: Thank you for inquiring about this often-pondered piece of real estate. I have frequently heard others inquire about this island and have, myself, wondered if it is privately owned or if it belongs to the town. Your question has prompted me to start digging for information and, with the help of some articles shared with me by Christopher Shields, Curator of Library and Archives with the Greenwich Historical Society, I have uncovered some interesting information.
This small island, known as Wee Captain’s Island (nicknamed “The Clump”) is part of the 3 -island chain, which also includes Little Captain’s Island (Island Beach) and Great Captain’s Island. This island chain lies approximately 4 miles off the mainland with history dating back to the settlement of Greenwich. It is believed that historically, well-known pirate, Captain Kidd buried his treasure among Captain’s Island and other islands in Long Island Sound, Including the Thimble Islands. While one may speculate that the islands may have derived their name from this infamous captain, it is more likely that it was an early Greenwich settler by the name of Captain Daniel Patrick who bestowed the name we still use to refer to these islands.
While Great Captain’s Island and Island Beach are owned by the Town of Greenwich, Wee Captain’s Island is, in fact, privately owned. The tiny island is host to 5 rustic structures that are believed to be the only privately owned structures in town that are solely accessible by boat. The structures were built in 1949 by F. LeMoyne Page as a summer residence. As the owner of a New York based company, who sold advertising space to commuter railroads, he is said to have spent summers on the island, commuting to the mainland by boat and then hopping a train to Grand Central. He owned the island until his death in 1964.
Although I have been unable to obtain up to the minute information pertaining to the current status of the island, as of 2010 the island was under the ownership by the family of Donald Smiley, who purchased the island after Page’s death. For those who may be wondering how one would manage winters living on the island, the answer is they don’t. In her article which appeared in the Feb 7, 2010 edition of the Greenwich Time, Lisa Chermoff quotes Smiley’s grandson, who spent many summers on the island, as describing the structures as unwinterized and “not stable for staying too long.” In other words, intended for summer use only.
Greenwich is regarded for being home to many precious gems, some more well-known than others. This tiny island, which has puzzled many residents for decades, is yet another jewel in its crown.
Q: I recently purchased a multi-family rental property as a first-time landlord. I’d like to know what laws I must adhere to when it comes to choosing tenants.
A: This is a great question. As a landlord, it is important that you familiarize yourself with the laws you must follow. While an applicant for tenancy, even in a protected class as defined below. , may be declined due to reasons unrelated to their protected status, they may not be declined based on any of the following:
Race, physical or mental disability, gender, marital status, religion, color, children or family status, veteran status, age, ancestry, sexual orientation or legal source of income.
For example, you may be asked by some applicants whether or not you accept Section 8. Your answer to this question should always be “yes.” Section 8 is a legal source of income and you cannot refuse a tenant because you believe they will not be able to pay their rent because they are receiving assistance. In fact, because your payment will be approved and generated by the state, you are guaranteed payment.
Another example would be the requirement that you make reasonable accommodations for persons with disabilities. Some landlords give pushback on allowing modifications to their dwelling to accommodate a disabled tenant. Legally, however, they must make this allowance as long as the tenant agrees to return the unit to its original condition upon departure. For more information on laws pertaining to protected classes, please visit www.ctfairhousing.org.
Every applicant should be held to the same standard. This is true when both accepting and declining tenants. Each applicant should be asked to complete the same screening process. While there are laws protecting certain classes of individuals for reasons pertaining to their class, a landlord does have the right to decline an applicant based on any of the following, whether they are a protected class or not:
Unsatisfactory rental history or references from prior landlords or employers, evictions, poor credit report, frequent moves, smoking, pets (excluding service animals) no work history or inadequate length of employment, no verifiable income.
Once you have selected your tenant, it is equally important that you adhere to what you may and may not do as a landlord. Even though you may own the building, the unit your tenant resides in is legally their space during the period stated in their lease. During this period, the landlord must abide by the tenant’s rights. A few do’s and don’t’s on behalf of the landlord include the following:
• A landlord is not permitted to enter the tenant’s space without prior notice, except in the event of an emergency
• A landlord cannot ban documented service animals
• A landlord cannot change locks without notice
• A landlord cannot disconnect essential utilities, such as heat, electricity and water
• A landlord must make reasonable repairs
It is also important to keep in mind that in Connecticut, a landlord may not collect more than a 2-month security deposit and 1-month rental payment in advance. If the tenant is over 62, the landlord may not collect more 1-month security deposit and 1 month rent, in advance.
Being a landlord is a bigger responsibility than some realize. Following the law and treating your rental like a business will be the key to your success. You should do your due diligence to avoid any missteps. It would be wise to consult a real estate attorney and/or employ the service of a licensed real estate agent to assist with finding you a tenant.
SEND ME YOUR QUESTIONS – If you have a real estate or home related question for which you would like a professional opinion, please email me at carlinemartin@bhhsne.com with “Sentinel” in the subject line. Each month, I will provide answers to one or two selected questions. Email me your Real questions. I look forward to hearing from you!
This article does not offer the opinions of Berkshire Hathaway/New England Properties and is not intended to provide legal or tax advice.
