Pursuant to and in conformity with Connecticut General Statutes
§§ 7-148b through 7-148f, 47a- 20, and 47a-23c, there
is hereby created a Town of Branford (the "Town") Fair Rent Commission
(the "Commission") for the purpose of controlling and eliminating
excessive rental charges for housing accommodations of any type within
the Town, and to carry out the purposes, duties, responsibilities
and all provisions of the Connecticut General Statutes (C.G.S.) pertaining
to fair rent commissions, as the same may be amended from time to
time.
The Commission shall have all such powers and duties within the authority granted in §
40-1, including without limitation the following:
A. Receive complaints, inquiries, and other communications concerning
alleged excessive rental charges and alleged violations, including
retaliation, of C.G.S. §§ 7-148b to 7-148f, inclusive,
47a-20, 21-80a and 47a-23c in housing accommodations of any type,
except those accommodations rented on a seasonal basis, within its
jurisdiction, which jurisdiction shall include mobile manufactured
homes and mobile manufactured home park lots.
(1) "Seasonal basis" means housing accommodations rented for a period
or periods aggregating not more than 120 days in any one calendar
year.
(2) "Rental charge" includes any fee or charge in addition to rent that
is imposed or sought to be imposed upon a tenant by a landlord and
includes any charge that is already in effect.
B. Make such studies and investigations regarding rental housing within
the Town as are appropriate to carry out the duties and responsibilities
delegated hereunder and subject to the terms, limitations, and conditions
set forth herein;
C. Conduct hearings on complaints or requests for investigation submitted
to it by any person, subject to the terms, limitations, and conditions
as set forth herein;
D. 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;
E. 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;
F. Determine, after a hearing as set forth herein, whether the housing
accommodation in question fails to comply with any municipal ordinance
or state statute, or regulation relating to health and safety;
G. Determine, after a hearing as set forth herein, whether a landlord
has engaged in retaliation in violation of this chapter and make such
orders as are authorized herein;
H. Order a reduction of any excessive rent to an amount that is fair
and equitable, and make such other orders as are authorized herein;
I. Order the suspension or reduction 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 any municipal ordinance or state statute or regulation
relating to health and safety;
J. Establish an escrow account with a local bank or financial institution
into which it shall deposit all rent charges or other funds paid to
it pursuant to the exercise of its powers as set forth herein; and
K. Carry out all other provisions of C.G.S. §§ 7-148b
to 7-148f, inclusive, 47a-20, 21-80a and 47a-23c as now existing and
as hereinafter amended, as they apply to fair rent commissions.
No landlord shall engage in retaliatory actions, as defined
in C.G.S. § 7-148d(b). If the Commission determines after
a hearing that a landlord has retaliated in any manner against a tenant,
the Commission may order the landlord to cease and desist from such
conduct and/or order the landlord to withdraw or remediate such retaliation
as has already occurred.
Any person aggrieved by any order or decision of the Commission
may appeal to the Superior Court within 30 days of the issuance of
the written notice of the decision to the parties. Such notice shall
include notice of the right to appeal, the court to which an appeal
may be taken, and the time in which an appeal must be filed. Unless
otherwise directed by the Commission or the court, the filing of an
appeal shall not stay any order issued by the Commission.
The invalidity of any word, clause, section or provision of
this chapter shall not affect the validity of any other part which
can be given effect without such invalid part or parts. This chapter
shall take effect upon passage and publication in accordance with
the Branford Charter.