AUGUST 3, 2005

ATTENDANCE: Richard Booth, Chairman, Martin Bernard, Vice Chairman, Patricia Genuario, Wendell Simms

STAFF: Larry Patterson, Field Representative

OTHER(s): Elisabeth Youngerman, Director of Human Relations and Fair Rent Department

CALL TO ORDER

The Chairman called the meeting to order at 7:35 p.m.

APPROVAL OF MINUTES

July 7, 2004

November 3, 2004

** COMMISSIONER BERNARD MADE A MOTION TO APPROVE

** COMMISSIONER GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

CHAIRMAN’S REPORT

a. Welcome Elisabeth Youngerman

Commissioner Booth stated that everyone should have seen the articles regarding the new Human Relations Director Elisabeth Youngerman. He said when he sat in on the Mayor’s Committee to review finalists for the position, he wrote down a few notes about her background, including the fact that she had a nice personality. She has worked on developing budgets. She read over old minutes from the Human Relations Commission and the Fair Rent Commission to bring herself up to date on both commissions. She also has a lot of training that will fit in with the Fair Rent Commission’s tasks. She also submitted samples of work she has done. He noted that she also worked in Guatemala and speaks Spanish. He expressed that she seemed like a people person. And when she was asked how she would go about changing things, her response was that she would speak to all the commissioners to find out what needs to be done. She also asked what their expectations were of her. Overall, he was impressed with her. He said that although there were four other good candidates for the position, he thought Ms. Youngerman would work out well.

b. Review of status of all Fair Rent Commissioners

Commissioner Booth talked about the matter of the commission not being too active within the last two years. He relayed that basically, Mr. Patterson has done a good job trying to handle things on his own. He updated that up until the time Ms. Devitt left, meetings were never canceled and they were proud of what the commission accomplished, without politics ever entering into what was done. He went on to say that some terms of the commissioners have expired without any new commissioners being appointed. He spoke more about commissioners that either resigned, were reappointed or other reasons why there was a lack of commissioners. He pointed out that they never had to wait for reappointments in the past.

Ms. Youngerman asked if Commissioner Bernard had been reappointed to the commission for another two years. Commissioner Bernard said yes.

Commissioner Booth spoke about the new Fair Rent bill, noting that many commissions throughout the state have become obsolete. He also referred to an article in the paper regarding the NAACP being involved in trying to get the commissions active again. He said that one of Ms. Youngerman’s tasks should be to find out what the Mayor’s stance was on Fair Rent matters.

Mr. Patterson said that he e-mailed the Mayor regarding commissioner’s terms that have expired, but he hasn’t received a response from him.

Commissioner Booth spoke about the budget for the Fair Rent Commission. He said two years ago, he went to see the Director of Finance to mention to him that the budgets weren’t correct. He thought this would be researched, but he was then told he needed to go to the Board of Estimate & Taxation and they agreed the budget should reflect reality. So he was advised to go to the Common Council, and he did that, but there was still no action taken. He noted he did eventually receive a response back from the Director of Finance who stated that since both commissions were combined, there were no records kept to track the budget between both commissions and there was no way to determine the allocations accurately. Commissioner Booth stressed that this was not the case, as records have been kept showing that 80 to 90% of the issues related to Fair Rent matters. So then there was a question of how the budget should be distributed fairly between both commissions. Mr. Hamilton further stated that the matter should be worked out between the commissions.

Commissioner Genuario asked what he felt their response should be to Mr. Hamilton, since he had the facts and figures to answer to the matter of the budget. Commissioner Booth said he didn’t expect the situation would change. And since they haven’t had a director for 2 ½ years, he would like to see the two commissions’ budgets combined.

Ms. Youngerman spoke about implementing a planning process with both commissions to move things along. She said that maybe a good place to start would be to issue a letter by staff outlining the status of the commission, especially in view of expired terms. She further noted that she already took in two complaints within the last few days and one of them might go to court. If that happens, there is a question of how to address the matter if there are not enough commissioners.

Commissioner Bernard recalled that when there were enough commissioners, business always got done, regardless of when appointments expired.

Ms. Youngerman suggested that commissioner’s terms should be closely looked at as a priority.

FIELD REPRESENTATIVES’ REPORT

Mr. Patterson turned over the floor to Ms. Youngerman to give some insight into what she observed in the last couple of days being in the office.

Ms. Youngerman expressed that this was not the first time she came into a job without someone being in the director’s position. She said she realized the transition could be difficult trying to conduct business with only one staff person. She stated that there wasn't a lot of documentation for the past year. She expressed that she would like to address that matter as soon as possible. She updated that the secretary that passed the test canceled her interview, so they need to re-advertise the position. She went on to say that they had five (5) intakes on Monday and they were piling up daily, but staff is trying to concentrate on reports. She noted that one complaint was of a rent increase without repair issues. She mentioned doing a rent survey that could determine unusually high increases.

Ms.Youngerman continued and said that it was important to see rent comparisons in order to organize data. So she would like to gather data, indicating ranges, locations etc. that could be presented each month to the commission. She reiterated that what they were seeing are major rent increases without repair issues. Commissioner Simms stated that there were usually repairs issues attached.

Mr. Patterson noted that from his experience conducting field inspections, he has observed minor repairs issues on some occasions. He further noted that since last week, they have taken in a couple of complaints where the landlords have increased rents by 50 to 60%. But to say for certain there were no repairs involved, he couldn’t say until he does a field inspection. He added that the landlords are claiming the rent increases are to cover repair costs.

Ms. Youngerman stated they need a working document to move ahead with this matter.

The Fair Rent History listing was distributed for review.

Mr. Patterson stated that he found out during the last couple of weeks that the housing authority’s commission can elect to reduce the amount of payments Section-8 makes for each different size unit, and the caps that are applied. While they were reduced in May, the housing authority’s commission voted in June to reduce the amount again. They then voted on the same percentage reduction, but it is expected to be reversed.

Mr. Patterson expressed that he was pleased to be working with Ms. Youngerman and that she has been a big help.

Mr. Patterson updated that the office was receiving more e-mail correspondence recently. He relayed that one problem was that there is no way to tell if a complainant is local, out of town, or out of state.

Commissioner Bernard offered to scan the complaint form so that it could then be copied into an online program for the website. This may help as a discretionary way to track where the e-mails are originating from and to help pre-screen online complaints. Mr. Patterson said that it was a good idea, and that it needs to be looked into further.

Commissioner Simms asked if the person that was scheduled to interview for the secretary position canceled the appointment for that day or the overall interview for the position. Ms. Youngerman said she canceled the appointment. She expressed that she would be skeptical rescheduling another appointment from a personnel perspective.

COMMISSIONER’S POTPOURRI

Commissioner Booth explained that this item was added to the agenda to give the commissioner’s the opportunity to address any issues they may have.

There were no comments from the commissioners.

OLD BUSINESS

There was no old business to be discussed.

NEW BUSINESS

There was no new business to be discussed.

REVIEW and DISCUSSION OF EACH OPEN CASE

Mr. Patterson said they had open cases that haven’t been addressed to date. He referred to four cases that have been taken care of, but they needed to vote on them to close them out.

1515-04 Rosario, 60 Connecticut Ave., #4

** COMMISSIONER BERNARD MOVED TO CLOSE THE CASE.

** COMMISSIONER SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

1516-04 Vega 23 Charles ST. 1st floor.

** COMMISSIONER SIMMS MOVED TO CLOSE THE CASE.

** COMMISSIONER GENUARIO SECONDED.

** MOTION PASSED UNANIMOUSLY.

1517-04 Avalos, 19 Quintard Ave., #2.

** COMMISSIONER GENUARIO MOVED TO CLOSE THE CASE.

** COMMISSIONER BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

1518-04 CORREA, 171 Main St. – 2nd floor.

** COMMISSIONER SIMMS MOVED TO CLOSE THE CASE

** COMMISSIONER GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

PRESENTATION OF NEW CASES

1519-05 Almirakis, 25 Monroe St. #H-6. Complaint filed 08/03/05

Mr. Patterson said this case involved a $345 rent increase equivalent to 30%.

** COMMISSIONER GENUARIO MOVED TO HEAR CASE # 1519-05.

** COMMISSIONER BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

Ms. Youngerman explained that this case also involves a cooperative converting to condominiums. The apartment in questions is currently owned by the co-op, and will soon become part of the condominium association. Last year, the apartment changed from an onsite superintendent’s unit to a rentable property for the co-op. They expect to meet with the co-op board, as well as the tenant and management company to see if they can all work out a solution before the units are converted and sold. She further noted that other rents haven’t been increased for the other tenants, so this was an unusually difficult situation.

Commissioner Genuario asked if the issue was that the tenant doesn’t want to go condominium. Ms. Youngerman said the goal is for the tenant to purchase the unit, but the issue is of the co-op owners having first choice, so this puts the tenant in a quandary, because she is the only renter, but she will be given consideration to buy the unit.

1520-05 Benitez, 23 Ryan Avenue. Complaint filed 08/01/05.

Mr. Patterson said this was a new case whereby there has been a $200 rent increase. He noted that they had this tenant in last spring, and the matter then was a health department issue. Now with the proposed rent increase Mr. Patterson recommended that this new case be heard.

** COMMISSIONER BERNARD MOVED TO HEAR CASE # 1520-05.

** COMMISSIONER SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

Mr. Patterson added that he anticipated a flurry of complaints from a building located on Arch Street this month. This was due to the property being sold in May and the new owners giving notice to all tenants of a rent increase. He said more information would be presented at the next meeting.

Ms. Youngerman questioned the situation regarding the building on Monroe St. (Case # 1519-05). Mr. Bernard clarified that as soon as the complaint is filed, the rent increase matter is frozen.

ADJOURNMENT

** COMMISSIONER BERNARD MADE A MOTION TO ADJOURN.

** COMMISSIONER GENUARIO SECONDED.

** MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 8:40 p.m.

Respectfully submitted,

Diane Graham

Telesco Secretarial Services