Connecticut Veterans Legal Center met US Army Veteran Donald Fosberg in 2021. Mr. Fosberg was referred to us by a social worker at the Newington VA when she discovered that he had received a “Kapa” notice—the first official notice that he was in danger of being evicted—due to the condition of his apartment and alleged carpet damage.

His attorneys—Sharon Fialkowich, followed by Brendan Murphy—worked with Mr. Fosberg and his clinical team to identify a plan that would relieve the landlord’s concerns and keep Mr. Fosberg in his home. By this time, Mr. Fosberg was in his 80s and living with readily observable physical disabilities. Our hope was that with financial assistance to repair any damage and the help of a newly-secured visiting aide, the case could be quickly settled.

Shockingly, the landlord—Centrix Property Management—instead pushed it to trial.

After a two-day trial in January 2022, Attorney Murphy secured a May 2022 ruling from the court in Mr. Fosberg’s favor. He could remain in his home, and he now had the regular support of an aide thanks to the VA. But the case wasn’t closed.

Swiftly after the ruling, Centrix Management alerted Mr. Fosberg of an immediate rent increase. Connecticut Veterans Legal Center filed a fair rent complaint, which settled quickly in Mr. Fosberg’s favor.

The landlord then served another Kapa notice, attempting to once again evict Mr. Fosberg.

By this point, Mr. Fosberg’s health was continuing to deteriorate. With the assistance of his VA clinicians a conservator was secured, and he was ultimately able to move to a residential care facility. To alleviate further stress on Mr. Fosberg and because he needed to move for the sake of his health, the final summary process was settled.

The residential facility where Mr. Fosberg moved is where he lived peacefully until his passing in early 2025.

Although Mr. Fosberg’s battle with Centrix Management Company was effectively resolved, Connecticut Veterans Legal Center was owed attorney’s fees based on the 2022 trial. Thanks to representation by The Yale Law School Jerome Frank Legal Services Organization, the landlord was ordered to pay $3,500. They appealed. The case ultimately went before the Connecticut State Supreme Court, who decided (PDF) in our favor. The case then returned to trial court so findings could be made about a new test of “practicability”—the idea that award amounts should make sense and, in these circumstances, should not devalue the work of attorneys at non-profit legal aid organizations when calculating the value of legal fees.

After an additional hearing, the $3,500 in legal fees were again ordered to be paid. In February 2026, Connecticut Veterans Legal Center filed to now also receive compensation from Centrix Management Company for the extensive appellate work that was necessary to secure our original legal fees. Naturally, this was also appealed by the landlord. After another series of pleadings and formal settlement conferences, the parties settled with an agreement that $5,000 would be paid by Centrix Management Company in recognition of the additional costs incurred during the prolonged appellate process.

These funds, thus concluding the long and extensive work on an otherwise simple legal issue, were received in July 2026.

The $8,298.47 Connecticut Veterans Legal Center ultimately received is hardly reflective of the hundreds of hours of work attorneys and law school students put in over five years. But we are proud to set a precedent affirmed by the Connecticut Supreme Court: that defendants represented by legal aid programs can receive attorneys’ fees were warranted and that those fees are not bound by caps on plaintiff’s attorney’s fees identified in the lease if doing so is impracticable under the circumstances and would thwart the equitable purpose of Sec. 42-150bb of the Connecticut General Statutes. It is another win towards a more-equal civil justice system.

The most important person in this case is Mr. Donald Fosberg. Connecticut Veterans Legal Center was proud to serve him in his final years alongside the VA Connecticut Healthcare System, working together to ensure he had the care and dignity he deserved.

We would like to give thanks to all who were involved in helping Donald Fosberg and Connecticut Veterans Legal Center pursue this case over the years in the interest of justice, including: Brendan Murphy, Sharon Fialkovich, Darren Pruslow and Christy Fisher, Connecticut Legal Services, Jerome N. Frank Legal Services Organization at Yale Law School (Jeff Gentes and Anika Singh Lemar), Community Renewal Team’s SSVF team, the Newington VA Homeless Team and Amy Robinson.