[HISTORY: Adopted by the City Council of the City of West
Haven 7-6-1982 by Ord. No. 186. Section 97-7 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
Pursuant to Section 7-148b through 7-148f of the General Statutes
of Connecticut, there is hereby created a Fair Rent Commission in
the City of West Haven with full powers and authority as set forth
in said statute.
The Mayor shall appoint a Fair Rent Commission, which shall
be comprised of seven members and two alternates, who shall be electors
of the City of West Haven for at least one year. The membership of
said Commission shall include two landlords and two tenants. The alternates
shall be either one landlord and one tenant or two electors who are
neither landlords nor tenants. Of the members first appointed, four
shall serve for terms of two years, and three shall serve for terms
of one year. The alternates shall serve for terms of two years. Thereafter,
members shall be appointed for terms of two years each to replace
those whose terms expire. Of its regular membership of seven, there
shall be no more than four members of the same political party. Vacancies
shall be filled in the manner of original appointment for the unexpired
portion of the term. Any member may be reappointed for an additional
term in the manner of original appointment.
Members of the Commission shall elect a Chairman and a Secretary
for a period of one year. The Commission shall have the power to adopt
rules and regulations for the conduct of business within its jurisdiction
and shall keep a record of all its proceedings. The Commission may,
in its discretion, appoint an Executive Director.
A.
The Commission shall have the power to make studies and investigations,
conduct hearings and receive complaints relative to rental charges
on housing accommodations, except those accommodations rented on a
seasonal basis, within the City of West Haven in order to control
or eliminate excessive rent charges on such accommodations and carry
out the provisions of this chapter. The Commission, for such purposes,
may compel the attendance of persons at hearings, issue subpoenas
and administer oaths, issue orders and continue, review, amend, terminate
or suspend any of its orders and decisions. [NOTE: For purposes of
this subsection, "seasonal basis" means housing accommodations rented
for a period or periods aggregating not more than 120 days in any
one calendar year.]
B.
The Commission may attempt, through the process of informal conciliation
and negotiation between a complaining tenant and landlord, to arrive
at a rental agreement which is mutually acceptable to said tenant
and landlord before initiating the formal hearing process. No formal
or informal hearing shall be held less than 10 days from the mailing
date of a notice of such hearing to the landlord or an agent of such
landlord, at which he may be represented by counsel.
C.
The designated members of the Commission shall have the power to
meet with the parties, if the parties consent, on an informal basis
in a session closed to the public to attempt to reconcile the differences
between the parties but shall receive no formal evidence nor make
any decision thereon. Any agreement between the parties as a result
of said informal conference must be in writing and fully enforceable
by the Commission. The informal meeting shall be conducted by two
members of the Commission appointed by the Chairman. The Commission
members so assigned shall take no part at a formal hearing, if any,
thereafter held on the case.
A.
If the Commission determines, after a hearing, that rent charges for any housing accommodations are so excessive, based on the standards and criteria set forth in Subsection B of this section, as to be harsh and unconscionable, it may order a reduction in rent to such amount as it determines to be fair and equitable. If the Commission determines, after a hearing, that the housing accommodations in question fail to comply with any municipal ordinance or state statute or regulations relating to health and safety, it may order the suspension of further payment of rent by the tenant until such time as the landlord makes the necessary changes, repairs or installations so as to bring such housing accommodation into compliance with such ordinance, statute or regulation. The rent during said period shall be paid to the Commission to be held in escrow.
B.
In making determinations as to whether a rental charge is excessive,
the Commission shall give due consideration to the following:
(1)
Rent charged for the same number of rooms in other housing accommodations
in the same and in other areas in the city.
(2)
The sanitary conditions existing in the housing accommodations in
question.
(3)
The income of the tenant and the availability of other accommodations.
(4)
The services, furniture, furnishings and equipment supplied within
said housing accommodations by the landlord.
(5)
The size and number of bedrooms and whole bathrooms contained therein.
(6)
Repairs necessary to make such accommodations reasonably livable
for the occupants therein.
(7)
The amount of taxes and overhead expenses to the landlord.
(8)
Annual return and profits of the landlord's investments.
(9)
The availability of utilities.
(10)
Damages done to the premises by the tenant, caused by other than
ordinary wear and tear.
(11)
Whether the accommodations are in compliance with the ordinances
of the municipality and the Connecticut General Statutes relating
to health and safety.
The Commission shall not have the power to make any rent reduction
retroactive. Any rent reduction shall become effective on the next
due date of the rent following the Commission decision.
Any person who violates any order of rent reduction or rent suspension by demanding, accepting or receiving an amount in excess thereof while such other remains in effect and no appeal pursuant to § 97-8 is pending or who violates any other provision of this chapter and Section 47a-20 of the Connecticut General Statutes or who refuses to obey any subpoena, order or decision of the Commission pursuant thereto may be fined not less than $25 nor more than $100 for each offense. If such offense continues for more than five days, it shall constitute a new offense for each day it continues to exist thereafter. The Superior Court shall have jurisdiction to hear and enforce all matters relating to violations under said sections.
Any person aggrieved by any order of the Commission may appeal
to the Housing Court for the Judicial District of New Haven. As provided
by the Connecticut General Statutes, such appeal shall be considered
as a privileged matter with respect to the order of trial. Such appeal
shall be limited to the question of whether the Commission acted arbitrarily,
illegally or in abuse of its discretion. Unless otherwise directed
by the Commission or the Court, the filing of an appeal shall not
stay any order issued by the Commission.
No landlord shall maintain an action or proceeding against a
tenant to recover possession of a dwelling unit, demand an increase
in rent from the tenant or decrease the services to which the tenant
has been entitled within six months after the tenant has in good faith
filed a complaint with the West Haven Fair Rent Commission. The tenant
shall continue to pay the amount of rent in effect of the claim of
retaliatory action.
Any additions to the state law referring to Fair Rent Commissions
will be automatically incorporated into this chapter.
