[1]
Editor's Note: This ordinance also amended the title of this
article, which was formerly Housing Commission.
A Housing Commission is hereby established to promote and encourage
the development and continued availability of affordable housing for
the people of Manchester, by bringing together public and private
resources, developing recommendations for comprehensive housing policies
and goals, and facilitating the accomplishment of those goals, and
to act as the Town's Fair Rent Commission by hearing and acting upon
written complaints regarding rental charges on housing accommodations
pursuant to Connecticut General Statutes Sections 7-148b through 7-148f.
The Commission shall have nine members, residents and electors
of the Town of Manchester, who shall be appointed by the Board of
Directors. All appointments shall be for three-year terms, which shall
expire on the first Monday of November, three in each year. Of the
three members appointed to each three-year term, one shall be nominated
by the Democratic Party, one by the Republican Party, and one shall
be nominated jointly by local nonprofit agencies with particular interest
in housing, such as MISAC Corporation, the Manchester Congregations
Housing Corporation (MCHC), Co-Op Initiatives, Inc., the Manchester
Interfaith Corporation (MIC), Housing Advocates, and Manchester Community
Services Council. If any member of the Commission should die or resign,
a successor shall be appointed by the Board of Directors to serve
the unexpired portion of such member's term. The appointment shall
reflect the above-designated three-three-three composition of the
Commission. The Board of Directors may remove any member for cause
and thereafter fill the resulting vacancy. In addition to the nine
regular members of the Commission, the Director of Planning or his/her
designee, the Director of Human Services or his/her designee, and
the Executive Director of the Housing Authority of the Town of Manchester
or his/her designee shall be nonvoting ex officio members of the Commission.
The Commission shall elect a Chairperson from its members and
may organize itself in such manner as the members may determine is
best suited to carry out the Commission's duties.
The duties of the Commission shall be:
A.
To study and analyze continuously the housing needs of the Town.
B.
To recommend to the Board of Directors and to the Planning and Zoning
Commission housing policies and practices calculated to encourage
development and continued availability of affordable housing for the
people of Manchester.
C.
To establish housing priorities and recommend immediate and long-range
housing goals to the Board of Directors.
D.
To act as a clearinghouse for information concerning federal, state,
municipal and private sources of funding and programs for housing;
to make such information available to potential developers (profitmaking
and nonprofit) of new, converted or rehabilitated housing; and to
cooperate with such developers to further the Town's housing goals.
E.
To provide a forum for discussion of housing issues.
F.
To hear fair rent complaints as follows:
(1)
HOUSING ACCOMMODATION
(a)
(b)
LANDLORD
RENT OR RENTAL CHARGE
RENTAL AGREEMENT
SEASONAL BASIS
TENANT
Definitions. 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:
Any building or structure, in whole or in part, containing
living quarters occupied or intended for occupancy as a place of residence,
including mobile homes and mobile home park lots, except the following:
A hospital, convent, monastery, asylum, public institution,
college or school living quarters, or any institution operated exclusively
for charitable or educational purposes;
Any housing accommodation owned and operated by the United States,
the State of Connecticut, the Town of Manchester, the Housing Authority
of the Town of Manchester, or any agency or political subdivision
of the above.
The person who leases, subleases, or rents any housing accommodation.
Periodic payments to be made to the landlord under a rental
agreement.
An agreement, written or oral, and valid rules and regulations
embodying the terms and conditions concerning the use and occupancy
of a housing accommodation.
Housing accommodations rented for a period or periods aggregating
not more than 120 days in any one calendar year.
The person who leases or rents any housing accommodation
as his or her residence.
(2)
Hearings; complaints. Any tenant residing in the Town shall be eligible
to file a complaint with the Commission relative to rental charges
on housing accommodations, except those accommodations rented on a
seasonal basis, which term shall include mobile home and mobile home
park lots, in order to control and eliminate excessive rental charges
on housing accommodations, and to carry out the provisions of Connecticut
General Statutes Sections 7-148b to 7-148f, inclusive, Section 47a-20
and Subsection (b) of Section 47a-23c. The Commission 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. A complaint shall be filed with the
Town Attorney's office on forms provided. Prior to scheduling a hearing
on a complaint, the complaint shall be referred to an attorney in
the Town Attorney's office to contact both parties to attempt to reconcile
differences between the parties prior to initiating the formal hearing
process. Any agreement between the parties shall be in writing, signed
by the parties and witnessed by the attorney from the Town Attorney's
office. If the complaint is not resolved, then a hearing will be scheduled.
A hearing on the complaint shall be scheduled within 30 days of the
filing of a complaint. Written notice of the date, time and place
of the hearing shall be given by mailing a notice thereof, by certified
mail, to the landlord and the tenant at least 10 days prior to said
hearing. If the complaint involves a matter within the jurisdiction
of the Health Department or any other public agency, the matter may
be referred to the appropriate agency for action and the Commission
may concurrently exercise its powers hereunder.
(3)
Consideration in determining fair rental charge.
(a)
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 as are applicable to the type of accommodation:
[1]
The rents charged for the same number of rooms in other housing
accommodations in the same and in other areas of the municipality;
[2]
The sanitary conditions existing in the housing accommodation
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 bedrooms 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 municipality 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. If the Commission determines, after hearing, that
the rental charge or proposed increase in the rental charge for the
housing accommodation is so excessive, based on the standards and
criteria set forth herein, 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. Any such order shall not become effective
sooner than the first day of the next rental payment period following
the filing of the complaint.
(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, the Commission may order the landlord
to cease and desist from such conduct.
(4)
Rent paid to Commission.
(a)
If the Commission determines after a hearing that the housing
accommodation in question fails to comply with state statute or regulations
or Town regulations or ordinances 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.
(b)
The Commission shall hold such rent in an escrow account, as
hereinafter provided, until the landlord makes the necessary changes,
repairs or installations so as to bring the housing accommodation
in compliance with such statute, regulation and ordinance.
(c)
If the landlord shall have corrected such violations after an
order reducing the rent, and if the rent had been reduced solely because
of such violations, the landlord may petition the Commission for reinstatement
of the original rent and for the payment to him of the rent held in
escrow.
(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 section, 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 retroactively, 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 F(2) herein.
(5)
Escrow account.
(a)
The Commission shall establish an escrow account with a local
bank into which it shall deposit all rents or other funds paid to
it pursuant to this article. Such funds shall be released to the landlord
if:
[1]
The landlord shall be successful in an appeal to the court;
or
[2]
The Commission shall order such release after a petition in
accordance with this article.
[3]
The Commission shall 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. The rent shall be
withdrawn from the escrow account and paid to the landlord upon written
request from the landlord.
[4]
The Commission shall deposit into the escrow account rent paid
to the Commission by tenants when the landlord requests in writing
that the Commission hold the rent until the complaint can be resolved
either by conciliation or hearing. The rent shall be withdrawn from
the escrow account and paid to the landlord upon written request from
the landlord.
(b)
The Commission may provide for the payment of the landlord's
mortgage, taxes, and insurance and the cost of heat, water, electricity
and essential utilities as such expenses become due and payable pending
the resolution of a complaint.
(6)
Appeal. Any person aggrieved by any order of the Commission may appeal
to the Superior Court within 20 days following the mailing of such
order by certified mail. Any such appeal shall be considered a privileged
matter with respect to the order of trial as provided in Section 7-148e
of the General Statutes.
(7)
Penalties for offenses. Any person who violates any order of rent reduction or rent suspension by demanding, accepting or receiving an amount in excess thereof while such ordinance remains in effect, no appeal pursuant to Subsection F(6) is pending or violates any other provisions of this article, or General Statutes, Section 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.
The Commission shall have available to it the services of all
other Town departments and agencies for assistance in discharge of
the Commission's duties.
The members of the Commission shall serve without compensation,
but their actual and necessary expenses incurred in the performance
of their official duties shall be paid within the limits of any appropriation
made for that purpose.
The Commission shall submit a report of its activities to the
Board of Directors annually, on or before October 1.
