[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 6-9-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 13.
Pursuant to Sections 7-148b through 7-148f of
the General Statutes of Connecticut and by the action of the Special
Town Meeting, May 20, 1986, there is hereby created a Fair Rent Commission
in the Town of Simsbury with full powers and authority as set forth
in said statutes.
[Amended 11-13-2023]
The Fair Rent Commission shall consist of five
regular members who are electors or taxpayers, appointed by the Board
of Selectmen at the recommendation of the Town Manager. Five members
shall serve for a term of four years. Three members shall be appointed
to serve a term to expire November 30, 2024, thereafter to be appointed
to a four-year term to expire November 30, 2028. Two members shall
serve until November 30, 2026, thereafter to be appointed to a four-year
term to expire November 30, 2030. There shall also be two alternate
members appointed in the same fashion and following the same schedule.
The Director of Community and Social Services, or their designee,
shall serve as a non-voting member of said Commission. The members
of the Commission shall serve without compensation.
[Amended 11-13-2023]
Members of the Commission shall elect a Chairperson,
Vice Chairperson and a Secretary for a term to be determined by vote
of the Commission.
A.
General. The Commission shall have the power to make
studies and investigations, conduct hearings and receive written complaints
relative to rental charges or proposed increases in rental charges
on housing accommodations, except those accommodations rented on a
seasonal basis,[1] within the Town of Simsbury in order to control or eliminate
excessive rental charges on such accommodations and to carry out the
provisions of this chapter and Section 47a-20 of the Connecticut General
Statutes (Retaliatory Action by Landlord) and Section 47a-23c(b) of
the Connecticut General Statutes (The Eviction of Elderly, Blind and
Disabled Tenants). The Commission may, for such purposes, 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.
Informal conciliation. The Commission may, in an appropriate
case, encourage a complaining tenant and landlord to meet informally
with two members of the Commission appointed by the Chairperson for
such purpose in an effort to reach a mutually satisfactory resolution
of the issue contained in the complaint. One of the Commissioners
so appointed may be the Director of Community and Social Services,
or their designee. Such informal conferences shall be closed to the
public and the Commission shall receive no formal "evidence" or render
a decision thereon. Any agreement reached by the parties as a result
of an informal conference shall be reduced to writing and signed by
the parties and shall be fully enforceable as if it were an order
of the Commission. If the parties are unwilling to meet informally
or unable to resolve such issues after an informal conference, the
parties shall be entitled to a formal hearing before the Commission
as set forth in this chapter. The two Commission members assigned
to the informal conference may take part in any formal hearing on
the complaint which may be held thereafter, unless one or more of
the parties objects.
[Amended 11-13-2023]
A.
If the Commission determines, after a hearing, that a rental charge or a proposed increase in a rental charge for any housing accommodation is so excessive, based on the standards and criteria set forth in Subsection B of this section, as to be harsh and unconscionable, it may order the rent reduced to such 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 municipal ordinance or state statute or regulation relating to health and safety, it may order the suspension of further payments of rent by the tenant until such time as the landlord makes the changes, repairs or installations necessary to bring such housing accommodation into compliance with such ordinance, statute or regulation. The rent being abated during said period shall be paid to the Commission to be held in escrow.
B.
Considerations in determining whether a rental charge
is excessive. 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 in question:
(1)
The rents charged for the same number of rooms in
other housing accommodations in the same and in other areas of the
Town of Simsbury.
(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)
The services, furniture, furnishings and equipment
supplied therein.
(5)
The size and number of bedrooms contained therein.
(6)
The 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 of Simsbury and the General Statutes of
the State of Connecticut 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.
Any person who violates a written agreement which has been entered into as the result of an informal conference held under § 15-4B of this chapter or 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 § 15-8 herein is pending, or who violates any other provision of this chapter or Section 47a-20 of the Connecticut General Statutes (Retaliatory Action by Landlord) 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.
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.
Any person aggrieved by an order of the Commission
may appeal to the Housing Session of 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 Section 7-148e of the Connecticut General Statutes.
Any amendments to the state law referring to
fair rent commissions will be automatically incorporated into this
chapter and made a part thereof.
The Commission shall become effective as of
the date of this chapter.
