[HISTORY: Adopted City of Norwalk Common Council 4-14-1970, effective 5-1-1970; amended in
its entirety 6-13-2000. Subsequent amendments noted where applicable.]
Pursuant to the authority extended to the City of Norwalk by
1969 Public Act 274, as amended, there is hereby created a Fair Rent
Commission for the purpose of controlling and eliminating excessive
rental charges on residential property within the City of Norwalk
and to carry out the provisions of Sections 7-148b to 7-148f, inclusive,
Section 47a-20 and Subsection (b) of Section 47a-23c of the Connecticut
General Statutes.
Except in those situations where the context specifically indicates
otherwise, the meaning of the terms used in this chapter shall be
as follows:
COMMISSION
The Fair Rent Commission of the City of Norwalk, Connecticut.
HOUSING ACCOMMODATIONS
Any building or structure containing living quarters occupied
or intended for occupancy as a place of residence, including any land
or buildings appurtenant thereto, except the following:
A.
A hospital, convent, monastery, asylum, public institution,
college or school dormitory, or any institution operated exclusively
for charitable or educational purposes.
B.
Any housing accommodations owned and operated by the United
States, the State of Connecticut, the City of Norwalk, the Housing
Authority of the City of Norwalk, or by any agency or political subdivision
of the above, unless they are not being maintained to the standards
of the State of Connecticut and the Code of the City of Norwalk.
C.
Any housing accommodations rented on a seasonal basis.
LANDLORD
Any person who leases, subleases, rents or permits the occupancy
of any housing accommodations for a rental charge.
PERSON
Any individual, partnership, corporation, association or
other business entity or other association or group which provides
housing accommodations as defined herein.
RENTAL CHARGES
Any consideration, money, or otherwise, demanded or received
for the use and occupancy of any housing accommodation.
SEASONAL BASIS
Housing accommodations rented for a period or periods aggregating
not more than 120 days in any one calendar year.
TENANT
Any person who rents or leases any housing accommodation
as a residence for himself and/or his immediate family, whether by
written or oral lease.
The Commission shall consist of seven members, each of whom
shall be electors of the City of Norwalk. The Commission members shall
be appointed by the Mayor with the approval of the Common Council
and shall serve without compensation. No more than four members of
the Commission shall be members of the same political party. In addition
to the seven members of the Commission, the Mayor, with the approval
of the Common Council, shall appoint seven alternates, no more than
four of whom shall be members of the same political party.
A. The initial members of the Commission shall be appointed for terms
which shall commence as of the date of their appointment and end on
the dates set forth below:
B. Thereafter, each member shall serve for a term of three years. In the event of the death, resignation or inability to serve on the part of any members of the Commission or alternate, a successor shall be appointed to fill the unexpired term of the member or alternate as set forth in §
39-3. Unless a member resigns, each member shall continue to serve until his successor shall have been appointed and qualified.
Pursuant to 1969 Public Act 274, as amended, the Commission
shall have the following powers:
A. To make such studies and investigations into rentals charged for
housing accommodations within the City of Norwalk as are appropriate
to carry out the duties and responsibilities delegated hereunder,
and subject to the terms, limitations and conditions set forth herein.
B. To receive complaints, inquiries and other communications concerning
alleged excessive rental charges in housing accommodations within
the city.
C. To conduct hearings on complaints or requests for investigation submitted
to it by any person, subject to the terms, limitations and conditions
set forth herein.
D. To determine, after a hearing as set forth herein, whether or not
the rent for any housing accommodation is so excessive as to be harsh
and unconscionable.
E. To order a reduction of any excessive rent to an amount which is
fair and equitable, and to make such other orders as are authorized
herein.
F. To, upon the approval of the Mayor and the Common Council, accept
outside funds, gifts or bequests, public and private.
A. At its initial meeting, the Commission shall elect from its own membership
such officers as it deems appropriate. In any event, it shall elect
a Chairman, who shall preside over its meetings.
B. A quorum for any meeting shall consist of at least four members of
the Commission, or their alternates; provided, however, in any hearing
on a complaint concerning an excessive rental charge, the Commission
shall not conduct the hearing unless there are at least five members
or their alternates present, and the Commission shall not order any
rent reduction or make any determination that a rent is so excessive
as to be harsh and unconscionable, except on the concurring vote of
four of the members present at said hearing.
C. The Commission shall conduct regular meetings, open to the public,
to transact whatever business is properly before said Commission.
The Commission shall determine the time, dates and places of said
meetings and shall announce the same.
A. Upon a receipt of a complaint that a rental is so excessive as to
be harsh and unconscionable, the Commission and/or Commission staff
shall investigate the complaint, and the Commission shall determine
whether the complaint presents an appropriate matter for consideration
by the Commission. In the event that the Commission finds that the
complaint also involves a matter within the jurisdiction of the Health
or Fire Departments of the City of Norwalk or of any other public
agency, it shall refer the matter to the appropriate board or agency
for action while concurrently exercising its own powers hereunder.
B. A hearing on said complaint shall be scheduled if the Commission
determines, after receipt of the complaint, that a hearing is justified.
Written notice of the date, time and place of the hearing shall be
given by mailing notice thereof, by certified mail, return receipt
requested, postage prepaid, to the landlord and the tenant, at least
seven days prior to said hearing. The persons entitled to receive
said notice as set forth herein are hereinafter designated as the
parties to the complaint.
C. At the hearing, each party shall have the right to offer such testimony,
exhibits and witnesses as the party deems necessary or appropriate.
D. The testimony of all persons shall be under oath, and any member
of the Commission is hereby authorized to administer the oath to a
witness.
E. The Commission shall have the power to subpoena any person to appear
before the Commission and shall have the power to compel the production
of any books or documents relating to any matter before the Commission.
F. Any party shall have the right to be represented by an attorney at
any hearing. In addition, any party shall have the right, either himself
or through his attorney, to cross-examine any witnesses produced at
the hearing and to examine all documents offered in evidence.
G. The Commission shall have the right to request the assistance of
any department of the city government, including any available records,
information or expert witnesses which the agency may have in its employ.
H. The Commission is empowered to hire or retain any expert real estate
appraisers or other competent experts to advise it.
I. In the event that there is insufficient time to complete a hearing,
the Commission shall have the power to adjourn the hearing to another
time and date.
J. After the completion of the public hearing and the receipt of all
evidence, testimony and exhibits to be submitted by the parties to
it, the Commission shall meet and shall make such orders as are authorized
herein.
K. The Commission shall retain a competent stenographer to record the
evidence, minutes and proceedings of the Commission on any complaint.
Also, an electronic recording by a qualified court reporter shall
be made of each hearing.
L. The Commission shall have the power to delegate to the Commission
staff the ability to investigate and meet with the parties to a complaint
on an informal basis in an attempt to reconcile their differences.
Any agreement reached between the parties as a result of said informal
conference must be in writing and must be submitted to the Commission
for approval, and said agreement shall include a waiver of appearance
of the parties.
Subsequent to the hearing, the Commission shall have the power
to:
A. Order a reduction or freeze of the rental charge for any housing accommodation where the rental charge is so excessive as to be harsh and unconscionable, to an amount which is fair and equitable, subject to the standards set forth in §
39-9 of this chapter.
B. Refer the matter to the appropriate city agency or the law enforcement
authorities for enforcement of the appropriate municipal ordinance,
Connecticut General Statute or state regulation if the Commission
determines that the housing accommodation in question fails to comply
with any municipal ordinance or Connecticut General Statute or state
regulation relating to health and safety.
D. Continue, review, terminate or suspend all its orders and decisions.
E. Continue the complaint for final disposition if it finds that the
complaint involves a matter which can be corrected or adjusted between
the parties and if finds that such a continuance would be appropriate
under the circumstances.
F. Order payment of the rent in escrow to the Commission or, in lieu
thereof, order the posting of a sufficient performance bond by the
landlord until such time as the landlord has corrected any health
and safety violations which have been found to exist and which the
Health Department of the City of Norwalk or other public agency has
investigated and has certified to the Commission as existing Code
violations relating to health or safety.
In determining whether a rental charge or a proposed increase
in a rental charge is so excessive, with due regard to all the circumstances,
as to be harsh and unconscionable, the Commission shall consider such
of the following circumstances set forth in Connecticut General Statutes
Section 7-148c as are applicable to the type of accommodation:
A. The rents charged for the same number of rooms in other housing accommodations
in the same and in other areas of the municipality.
B. The sanitary conditions existing in the housing accommodations in
question.
C. The number of bathtubs or showers, flush water closets, kitchen sinks
and lavatory basins available to the occupants thereof.
D. Services, furniture, furnishings and equipment supplied therein.
E. The size and number of bedrooms contained therein.
F. Repairs necessary to make such accommodations reasonably livable
for the occupants accommodated therein.
G. The amount of taxes and overhead expenses, including debt service,
thereof.
H. Whether the accommodations are in compliance with the ordinances
of the municipality and the general statutes relating to health and
safety.
I. The income of the complainant and the availability of accommodations.
J. The availability of utilities.
K. Damages done to the premises by the tenant, caused by other than
ordinary wear and tear.
L. The amount and frequency of increases in rental charges.
M. Whether, and the extent to which, the income from an increase in
rental charges has been or will be reinvested in improvements to the
accommodations.
The Commission shall not have the authority to make any order
of rent reduction retroactive to a date prior to the date of the filing
of the complaint. Any order of rent reduction shall become effective
on the next due date of the rent after the filing of the complaint.
Implementation of any rental increase shall be suspended until the
Commission acts on the increase. The disputed difference shall be
saved aside by the tenant. Any rent which becomes due and payable
during the course of the proceedings before the Commission shall be
paid in escrow to the Commission. Written notice of any order of the
Commission shall be sent to both the landlord and the tenant.
The Commission shall establish an escrow account through the
City of Norwalk into which it shall deposit all rents or other funds
paid to it. Said funds shall be held in the escrow account until such
time as the order of the Commission is complied with, or until the
Commission acts on the complaint or makes other appropriate order,
or until a further order is made by a court of competent jurisdiction;
provided, however, the Commission may, at its discretion, provide
for the payment of the landlord's mortgage, taxes and insurance
and his cost of heat, water, electricity and other essential utilities
when said expenses become due and payable. In addition, at its discretion,
the Commission may order payment of other necessary expenses which
are due and payable or may order payment of the full balance to the
landlord in cases of unusual hardship.
The Commission shall review any complaint filed by a tenant
no later than 30 days after the date of the filing of said complaint;
provided, however, the time limit for deciding the disposition of
any such complaint may be extended by the Commission in any case involving
unusual hardship or administrative difficulties. Decisions after a
hearing shall be rendered within 15 days of the completion of the
hearing.
A. In any action for summary process, it shall be an affirmative defense
pursuant to Section 47a-33 of the Connecticut General Statutes that
the plaintiff brought such action against the tenant solely because
a complaint was filed with the Commission or because the tenant or
complainant has taken any other action with reference to a matter
covered by this chapter.
B. If the Commission determines, after a hearing, that a landlord has
retaliated in any manner against a tenant because the tenant has complained
to the Commission or because the tenant had in good faith requested
the landlord to make repairs, the Commission may order the landlord
to cease and desist from such conduct.
Any tenant residing in the City of Norwalk shall be eligible
to file a complaint with the Commission. It shall be an affirmative
defense to any complaint that the tenant is delinquent in the payment
of rent or is responsible for damage or other adverse conditions existing
within the leasehold premises. If the Commission, after investigation
or hearing, finds that the tenant is delinquent in his rent or is
responsible for damages within the leasehold premises, it shall not
act upon the complaint until such time as the tenant has paid into
escrow with the Commission an amount sufficient to pay for the damages
or has paid the delinquency in rent; provided, if the Commission finds
that the reason for the tenant's delinquency was a harsh and
unconscionable rent or if the Commission finds that the delinquency
is the result of exceptional hardship, then it shall consider the
complaint notwithstanding the provisions of this section. This exception
shall not be construed to give the Commission the power to waive any
amount of past rent which is due nor to make any retroactive order.
The Commission shall not conduct a hearing on any complaint of any
tenant who it finds is bringing the complaint for the purpose of harassing,
annoying or embarrassing the landlord, or upon the complaint of any
tenant who it finds is using the procedures of the Commission in an
attempt to defeat a summary process action.
The Commission shall be empowered to enact such bylaws and regulations
as are necessary for the conduct of its business; provided, however,
no bylaws or regulation shall become effective unless published in
advance.
All proceedings shall continue regardless of the fact that a
tenant may quit the housing accommodation in question. No sale, assignment
or transfer of the housing accommodation in question shall be cause
for discontinuing any pending proceeding, nor shall it affect the
rights, duties and obligations of the Commission or the parties thereto.
All notices with regard to any complaint shall be by certified
mail, return receipt requested, postage prepaid, upon the landlord
and the tenant. If any notice is returned without having been delivered,
the Commission may arrange for service by a deputy sheriff, Constable
of the City of Norwalk or indifferent person in the same manner as
is provided in the Connecticut General Statutes for service of process
in an ordinary civil action.
The Commission is empowered to bring a civil action to any court
of competent jurisdiction to enforce any order of the Commission made
pursuant to this chapter, or to enjoin a violation or threatened violation
of any order of the Commission, or to seek damages incurred as a result
of the violation of any order of the Commission made pursuant to this
chapter.
Any person aggrieved by any order of the Commission may appeal to the Superior Court for the Judicial District for the City of Norwalk within 30 days after service of notice of the order of the Commission as provided in §
39-17. As provided by the Connecticut General Statutes, such appeal shall be considered as a privileged matter with respect to assignment for trial.
Pursuant to Connecticut General Statutes Section 7-148(f), as amended, any person who violates any order of rent reduction or rent suspension by demanding, accepting or receiving an amount in excess thereof while such order remains in effect, and no appeal pursuant to §
39-19 above is pending, or violates any other provision of this chapter or of Connecticut General Statutes § 47a-20 concerning retaliation, or who refuses to obey any subpoena, order or decision of the Commission pursuant thereto, shall 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 provisions of this chapter shall not affect or limit the
right of the landlord to institute a summary process action as provided
by the Connecticut General Statutes, nor shall this chapter affect
the right of the landlord, tenant, mortgagee or encumbrancer of record
to institute any action authorized by law.
Any addition to the state law referring to Fair Rent Commissions
will be automatically incorporated into this chapter.
The provisions of this chapter are severable, and if any provision
of this chapter or the application of such provision to any persons
or circumstance shall be held to be unconstitutional or invalid, the
remainder of the chapter or application of such provision to persons
or circumstances other than those to which it is held invalid or unconstitutional
shall not be affected thereby.
This chapter shall take effect on the first day of the next
month after its enactment and due compliance with the provisions of
§ 1-193 of the Charter of the City of Norwalk (1956), as
amended.