[HISTORY: Adopted by the Town Council of
the Town of West Hartford 1-11-1983. Amendments noted where applicable.]
[Amended 5-10-2005; 10-7-2019]
A Fair Rent Commission is created, which shall
consist of seven electors or taxpayers of the Town, who shall serve
for terms of two years and annually elect their own Chair and Vice
Chair. The Director of Social Services shall serve without vote as
an ex officio member of said Commission. Members of the Commission
shall serve without compensation but shall be reimbursed for expenses
incurred in the performance of their duties.
A.
The Commission may 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 Town of West Hartford in order to control and eliminate excessive rental charges on such accommodations and to carry out the provisions of C.G.S. §§ 7-148b to 7-148f, inclusive, C.G.S. § 47a-20 and Subsection (b) of C.G.S. § 47a-23c. 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. The Commission may be empowered to retain legal counsel to advise it.
B.
For the purposes of this section, "seasonal basis"
means housing accommodations rented for a period or periods aggregating
not more than 120 days in any one calendar year.
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 Fair
Rent Commission shall consider such of the following circumstances
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 waste 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 thereof.
H.
Whether the accommodations are in compliance with
the ordinances of the Town of West Hartford and the General Statutes
of the State of Connecticut relating to health and safety.
I.
The income of the petitioner 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.
If the Commission determines, after a hearing,
that the rental charge or proposed increase in the rental charge for
any housing accommodation is so excessive, based on the standards
and criteria set forth in this chapter, as to be harsh and unconscionable,
it may order that the rent be limited to such an amount as it determines
to be fair and equitable. If the Commission determines, after a hearing,
that the housing accommodation in question fails to comply with any
ordinance of the Town of West Hartford or state statute or regulation
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 by said Commission.
Any person aggrieved by any order of the Commission
may appeal to the Superior Court for the Judicial District of Hartford-New
Britain at Hartford. Any such appeal shall be considered a privileged
matter with respect to the order of trial as provided in C.G.S. § 7-148e.
[Amended 6-28-1994]
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 § 81-5 is pending, or who violates any other provision of this chapter or C.G.S. § 47a-20 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.
