[Ord. No. 203, 1-16-1990]
Unless otherwise provided by C.G.S. §§ 7-148b through 7-148f or other applicable provisions of state law, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
COMMISSION
Shall mean the fair rent commission of the town.
HOUSING ACCOMMODATION
Shall mean any building or structure in the town, including mobile homes and mobile home park lots, wholly or in part, containing living quarters occupied for residential purposes, with any land or building appurtenant thereto and any services, furniture and facilities supplied in connection therewith, except the following:
(1) 
A hospital, convent, rectory, monastery, asylum, public institution, college or school dormitory or any institution operated exclusively for charitable or educational purposes.
(2) 
Any housing accommodations owned and operated by the United States, the state, the housing authority of the town, or by any political subdivision of such governmental entities, or by any nonprofit organization receiving subsidy from such governmental entities for the operation of such housing accommodations.
(3) 
Apartments for which the amount of rent paid by the tenant is based on the tenant's income in accordance with regulations established by federal or state government.
(4) 
Housing accommodations exempted by C.G.S. § 7-148b; i.e. housing accommodations rented on a seasonal basis where those accommodations are rented for a period or periods aggregating not more than 120 days in any one calendar year.
(5) 
Hotels and motels.
(6) 
Such other exceptions as may in the future be enacted by amendment to the above state laws.
LANDLORD
Shall mean any person who leases, subleases, rents or permits the occupancy of any housing accommodation in the town, including a person who manages a housing accommodation owned by someone else.
RENT or RENTAL CHARGES
Shall mean any consideration, monetary or otherwise, including any bonus, benefit or gratuity, demanded or received for the use or occupancy of any housing accommodation, and also includes a benefit derived from a decrease in services.
TENANT
Shall mean any person who leases or rents, whether by written or oral lease, any housing accommodation in the town as a residence for himself and/or his immediate family.
[Ord. No. 203, 1-16-1990]
Pursuant to and in conformity with C.G.S. §§ 7-148b through 7-148f, 47a-20 and 47a-23c(b), there is hereby created the fair rent commission for the purpose of controlling and eliminating excessive rental charges for housing accommodations within the town, and to carry out the purposes, duties, responsibilities and all provisions of the above described sections and any other sections of the statutes, as they may be amended from time to time, pertaining to fair rent commissions.
[Ord. No. 203, 1-16-1990]
(a) 
The fair rent commission shall consist of five members, all of whom shall be resident electors of the town, and shall be composed of one landlord member, one tenant member, and three citizen members. Not more than three of the members shall be registered members of the same political party. All of the members shall be appointed by the town council. For the purposes of this provision, the phrase "citizen member" means a resident elector of the town who is neither a tenant nor a landlord.
(b) 
In addition, the town council shall appoint two resident electors who shall be one landlord and one tenant to serve as alternates. Either of the alternates shall act in the place of a regular member who is either absent or disqualified from serving. The term of office of the alternates shall be for a period of three years, or until their successors have been chosen and qualified. Not more than one of the alternate members shall be a registered member of the same political party.
(c) 
The commission shall elect from its members a chairperson, first vice chairperson and secretary.
[Ord. No. 203, 1-16-1990; Ord. No. 209, 8-7-1990]
(a) 
The initial regular members of the fair rent commission shall be appointed for staggered terms. Thereafter, regular members shall be appointed for terms of three years.
(b) 
Appointment and removal of commission members shall be in the manner provided in section 4.5.8 of the town Charter for appointment and removal of commission members.
[Ord. No. 203, 1-16-1990]
A quorum of the fair rent commission for any hearing or meeting shall consist of three members or their alternates, who shall be empowered to conduct such hearings and render orders and decisions pursuant thereto.
[Ord. No. 203, 1-16-1990]
The community development office will act as staff to keep the commission's records, to handle its correspondence, to supervise and direct the administration of this article and generally to perform such other functions as may be assigned by the commission. Upon request, assistance from other municipal agencies shall be reasonably available to the commission.
[Ord. No. 203, 1-16-1990]
Pursuant to C.G.S. §§ 7-148b through 7-148f, the fair rent commission shall have the following powers:
(1) 
To make such studies and investigations into rentals charged for housing accommodations within the town as it deems appropriate to carry out its responsibilities hereunder.
(2) 
To receive complaints, inquiries and other communications concerning alleged excessive rental charges in housing accommodations within the town pursuant to section 9-38.
(3) 
To conduct hearings on complaints or requests for investigation submitted to it by any tenant or any landlord pursuant to section 9-38. For any such hearing, two weeks' written notice by registered or certified mail, postage prepaid, shall be given to all parties concerned involved in the complaint of the housing accommodations in question. If any notice is returned without having been delivered, the commission may arrange for service in the same manner as is provided in state law for service of process in a civil action.
(4) 
To subpoena witnesses, compel their attendance at hearings, compel the production of any documents or records relating to any matter before the commission, administer oaths and order a housing code inspection if the complaint is based in part on the conditions of the premises.
(5) 
To dismiss a complaint based on the tenant's failure to pay on time the amount of rent due while the case is pending or based on the tenant's failure to fulfill responsibilities described in this article or in the rules and regulations established by the commission for the implementation of this article.
(6) 
To determine, after a hearing, whether an existing rental charge with a substantial decrease in major services or a proposed increase in a rental charge for any housing accommodation is so excessive as to be harsh and unconscionable pursuant to the provisions of section 9-40.
(7) 
To order a reduction of any excessive rent to an amount the commission considers fair and equitable. In its discretion the commission may make the order retroactive to the effective date requested by the landlord, however, the commission shall not have the power to waive any rent which has become due prior to the filing date of the complaint. Such order shall be in effect for a period for one year from its effective date, except as provided under subsection (9) of this section or if the commission shall, pursuant to a subsequent petition by the landlord or tenant, which may be made by the landlord or tenant at any time, order that the rent be changed.
(8) 
To continue, review, amend, terminate or suspend all its orders and decisions.
(9) 
To take action as follows upon noncompliance.
a. 
If the commission determines after a hearing that a housing accommodation fails to comply with any state or town statute or regulation relating to health and safety, the commission may order the tenant to pay the fair and equitable rent, as determined by the commission, to the commission in accordance with C.G.S. § 7-148d(a).
b. 
The commission shall hold such rent in an escrow account, as hereinafter provided, until the landlord makes such repairs or changes as are required to bring the housing accommodation into compliance with such chapters, statutes or regulations.
c. 
If the landlord shall have corrected such violations after the order reducing the rent and if the rent had been reduced solely because of such violations, the landlord may petition the commission for the reinstatement of the original rent and for the payment to him of the rent held in the escrow account.
d. 
If the landlord shall have corrected such violations after the order reducing the rent, but the rent had not been reduced solely because of such violations, the landlord may petition the commission for an order fixing a fair and equitable rent for such housing accommodation in light of its condition at the time of the landlord's petition and for the payment to him of the rent held in the escrow account.
e. 
In any case arising under this subsection, upon reasonable determination of the commission, the original rent or such fair and equitable rent as determined by the commission may be ordered into effect retroactive, at the discretion of the commission, to the date of the petition for reinstatement. No such reinstatement shall be effective until after a hearing is held by the commission in accordance with the provisions of subsection (3) of this section if either the tenant or landlord requests such a hearing.
(10) 
To establish an escrow account with a local bank or financial institution into which it shall deposit all rents or other funds paid to it pursuant to subsection (9) of this section. Such funds shall be released to the landlord if he shall be successful in an appeal to the court or if the commission shall order such release after a petition is filed in accordance with subsection (9) of this section.
(11) 
To deposit into the escrow account rent paid to the commission by tenants whose landlord has refused to accept the rent after the tenant has filed a complaint or a claim of retaliation. Such rent shall be withdrawn from the escrow account and paid to the landlord upon written request from the landlord.
(12) 
To carry out the provisions of C.G.S. §§ 47a-20 and 7-148d(b) concerning retaliatory action by landlords.
(13) 
To adopt rules and regulations for the implementation of all sections of this article, to take all actions authorized under law to enforce the powers and duties of the commission and to carry out the purposes of this article.
(14) 
The fair rent commission may request that the town attorney, or any suitable person meet with the parties, if the parties consent, in a session closed to the public, to attempt to reconcile differences between the parties prior to initiating the formal hearing process. Any agreement between the parties as a result of such meeting must be in writing signed by the parties and witnessed by the conciliator.
[Ord. No. 203, 1-16-1990]
Any tenant who is notified, either verbally or in writing, of an increase in rent or a substantial decrease in major services provided by the landlord may file a written complaint form with the commission within 60 days after receiving such notice if the tenant has not already signed a written rental agreement or lease agreeing to the amount being requested. If the tenant's delinquency in payment of rent is in dispute, and if it is determined after a hearing that the tenant owes back rent, the tenant must pay the full amount owed to the commission's escrow account within seven calendar days after the hearing or the case shall be dismissed by the commission. This amount shall be withdrawn from the escrow account and paid to the landlord upon written request from the landlord. Any landlord shall be eligible to file with the commission a written request for determination of a fair rent for any housing accommodation owned by the landlord, in the town, except those accommodations exempted in section 9-31. Any landlord or his representative shall be eligible to petition the commission for a readjustment of the rent as provided by section 9-37.
[Ord. No. 203, 1-16-1990]
(a) 
Pending a determination by the fair rent commission, the tenant shall pay to the landlord the lowest rent required within 30 days of the date of the complaint for the housing accommodation in question.
(b) 
All complaints shall be processed in accordance with written rules and regulations established by the commission.
(c) 
All proceedings shall continue regardless of any attempt to evict such tenant, unless such eviction is for nonpayment of rent. No sale, assignment or transfer of the housing accommodation in question shall be cause for discontinuing any pending proceedings, nor shall it affect the rights, duties and obligations of the commission or the parties thereto.
[Ord. No. 203, 1-16-1990]
In determining whether an existing rental charge with a substantial decrease in major services 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 fair rent commission shall consider such circumstances stated in C.G.S. § 7-148c as are applicable to the type of accommodation, including, but not limited to:
(1) 
The rents charged for the same number of rooms in other housing accommodations in the same and in other comparable areas of the town.
(2) 
The sanitary conditions existing in the housing accommodations in question.
(3) 
The number of bathtubs or showers, flush water closets, kitchen sinks and lavatory basins available to the occupants thereof.
(4) 
Services, furniture, furnishings and equipment supplied therein.
(5) 
The size and number of rooms contained therein.
(6) 
Repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein.
(7) 
The amount of taxes and overhead expenses, including debt service, thereof.
(8) 
Whether the accommodations are in compliance with the ordinances of the town and the general statutes relating to health and safety.
(9) 
The income of the petitioner and the availability of accommodations.
(10) 
The availability of utilities.
(11) 
Damages done to the premises by the tenant, caused by other than ordinary wear and tear.
(12) 
The amount and frequency of increases in rental charges.
(13) 
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.
[Ord. No. 203, 1-16-1990]
In any action for summary process, it shall be an affirmative defense 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 article.
[Ord. No. 203, 1-16-1990]
(a) 
Pursuant to C.G.S. § 47a-20, it shall be a retaliatory action for a landlord to refuse to renew the lease or other rental agreement of any tenant, or to demand an increase in rent from any tenant or decrease the services to which any tenant has been entitled, within six months after:
(1) 
A tenant has in good faith attempted to remedy, by any lawful means any condition constituting a violation of any provision of any state statute or regulation or of the housing and health ordinances of the town.
(2) 
Filing a complaint with the fair rent commission alleging excessive rental charges.
(3) 
Any municipal agency (including the fair rent commission) or official has filed a notice, complaint or order regarding such a violation.
(4) 
The tenant has in good faith requested the landlord to make repairs.
(5) 
The tenant has in good faith instituted an action pursuant to C.G.S. § 47a-14h to enforce the landlord's responsibilities.
(6) 
The tenant has organized or become a member of a tenant's union.
(b) 
Notwithstanding the provisions of subsection (a) of this section, it shall not be retaliatory action where the landlord refuses to renew the tenant's lease or other rental agreement when:
(1) 
The tenant is using the dwelling unit for an illegal purpose.
(2) 
The tenant is using the dwelling unit for a purpose which is in violation of the rental agreement.
(3) 
There is nonpayment of rent by the tenant.
(4) 
The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as his own abode.
(5) 
The condition complained of was caused by the willful actions of the tenant or another person in his household or a person on the premises with his consent.
(6) 
The landlord seeks to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant previous to the tenant's complaint or other action defined in subsection (a) of this section.
[Ord. No. 203, 1-16-1990]
Any tenant who claims the action of his landlord constitutes retaliatory action under the provisions of this article may file a written claim of retaliation with the fair rent commission unless there is evidence that the tenant owed back rent.
[Ord. No. 203, 1-16-1990]
(a) 
Upon the receipt of any claim of retaliatory action, the fair rent commission staff shall inform the landlord of the claim and shall investigate the claim. If the claim is not resolved through conciliation, the commission shall convene a hearing within 60 days of the filing of the claim for the purpose of determining whether the landlord has engaged in a retaliatory action, and the commission shall render its decision within 75 days of the filing of the claim.
(b) 
Pending determination by the commission, the landlord shall not commence or continue any action or proceeding against the tenant to recover possession of the dwelling unit, the landlord shall not decrease any services to which the tenant is entitled and the tenant shall continue to pay the amount of rent in effect at the time of the claim of retaliatory action.
(c) 
If after such hearing the fair rent commission finds that the landlord has engaged in a retaliatory action in violation of the provisions of this section, the commission may, pursuant to its powers under C.G.S. §§ 7-148b through 7-148f and 47a-20, this article and this section, make any of the following orders:
(1) 
That the landlord cease and desist from such conduct.
(2) 
That the landlord maintain no action or proceeding against the tenant to recover possession of the dwelling unit.
(d) 
Notice of claim of retaliatory action, filed under the provisions of this section, is not deemed to be a complaint for the purpose of C.G.S. § 47a-20 or section 9-42.
[Ord. No. 203, 1-16-1990]
If any conciliation process shall be incomplete at the time of the expiration of a lease of any person pursuing the process afforded in this article, such lease shall be extended until the conciliation process and all other proceedings under this article have terminated.
[Ord. No. 203, 1-16-1990]
Any person aggrieved by any order of the fair rent commission may appeal to the superior court of the state, such appeal to be taken within 30 days after the rendering of the order in question. The filing of such appeal does not of itself stay enforcement of the commission's decision unless otherwise directed by the court.
[Ord. No. 203, 1-16-1990]
Pursuant to C.G.S. § 7-148f, any person who shall violate 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 section 9-46 is pending, or violate the provisions of this article, or any person who shall refuse to obey any subpoena, order or decision of the commission pursuant thereto, shall be fined not less than $25.00 nor more than $100.00 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. No action shall be taken on any such violation by the prosecuting authorities of the town except upon written complaint of the chairperson of the commission after at least a two-thirds vote of approval by the members at a meeting of the commission.