SEPTEMBER 7, 2005

ATTENDANCE: Richard Booth, Chairman; Martin Bernard, Vice Chairman;

Patricia Genuario; Wendell Simms; Michael Murray; Ben Guerrero; Jeannette Jean-Pierre

STAFF: Lawrence E. Patterson, Field Representative

Elisabeth Youngerman, Director

CALL TO ORDER

The Chairman called the meeting to order at 7:05 p.m.

APPROVAL OF MINUTES - August 3, 2005

Corrections
Page 1; under ATTENDANCE, insert Vice Chairman after Martin Bernard. The correct spelling of Symms, should be Simms

Pages 1 through 6, footer should read, FAIR RENT COMMISSION

Page 2; 1st paragraph 6th line down, should read, He spoke more about…

Page 2; 3rd paragraph, 1st sentence should read, Commissioner Booth spoke about the new Fair Rent bill, noting that many commissions throughout the state have become obsolete.

Page 2; 2nd last paragraph, the correct spelling of Yongerman should be, Youngerman

Page 3; 2nd paragraph, 8th line down, 1st sentence should read, She note that one complaint was of a rent increase without repair issues.

Page 3; 4th paragraph, last sentence should read, He added that the landlords are claiming the rent increases are to cover repair costs.

Page 3; last paragraph should read, Mr. Patterson stated that he found out during the last couple of weeks that the Norwalk Housing Authority Commission can reduce the amount of payments Section-8 makes for each different size unit; caps are applied.

Page 4; 3rd paragraph, 3rd sentence should read, Commissioner Bernard offered to scan forms that could then be copied to a disk.

Page 4; under COMMISSIONER’S POTPOURRI, should read, COMMISSIONERS POTPOURRI. 2nd line, should read, There were no comments from the commissioners.

Page 5; PRESENTATION OF NEW CASES should be inserted before 1519-05

Page 5; 1st paragraph on the page, 2nd sentence should read, The apartment building is owned by the co-op and it will become part of the condominium association.

Page 6; 1st paragraph, 1st sentence should read, Mr. Patterson said he anticipated a flurry of complaints from a building located on Arch Street.

Pages 1 through 6, where it reads Commissioner Symms should read, Commissioner Simms

Pages 5 and 6; COMMISSIOENR should be spelled, COMMISSIONER

** COMMISSIONER BERNARD MADE A MOTION TO ACCEPT THE MINUTES AS CORRECTED

** COMMISSIONER GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

CHAIRMAN’S REPORT

Commissioner Booth stated he was delighted that so many commissioners were present tonight. He mentioned that he hoped everyone would serve on the commission again. He said he was pleased with the way things went this month and staff has kept him informed on things that need to be done.

DIRECTOR’S REPORT

Ms. Youngerman referred to the letter distributed concerning correspondence for a new appointment due to the resignation of Mr. Blair and another commissioner that isn’t able to attend the meetings on Wednesday night.

Ms. Youngerman updated that because of the lack of staff, they won’t go back before July to do reports. So they will start fresh with July reports. And until they are set up with a new office person, they will report volume and activity at the meetings. She noted they filed twelve (12) cases in August. She further noted that she observed that her Spanish was better than she thought and her language skills have improved, pointing out that she realized how important having bilingual skills was.

Ms. Youngerman noted that when they get an administrative person, they need to update some materials, such as, the condominium conversion booklets.

She further updated that she had a call from senior services to do some counseling/training and to date, she has received a lot of referrals.

She noted that the master contract for city copiers has been signed.

She spoke about the bilingual secretary who needed to take a typing and language skills test. She said they reopened advertising for the position and found someone who has bilingual background.

Commissioner Booth said he had a concern about the job description. He asked if anything had been done about that. Ms. Youngerman said they couldn’t do anything without the union getting involved. And to change the job description, it would take several months to get approved.

Commissioner Booth said the job description didn’t describe the job. He mentioned his concern that the salary may be inadequate for the secretary position and he thought Personnel was somewhat lax on advertising the job descriptions. He felt the job descriptions should be reviewed thoroughly.

Commissioner Murray noted that this change needed to be negotiated with the union.

Commissioner Booth went on to stress that the job descriptions should be reviewed before they are approved.

Ms. Youngerman said the applicant for the secretary position interviewed well and she hoped she passed the test, because she is a good candidate.

Commissioner Murray asked about rent leases being renewed in view of the current price of fuel oil, noting that this point should be considered. Mr. Patterson agreed. He stated that they will be prepared for the complaints. Commissioner Booth questioned what could be done, noting it will be difficult to come up with a fair response to that problem. Commissioner Bernard said that if the tenant paid for their heat, it’s up to them to shop around for the best rates, the same applies for the landlord.

Commissioner Genuario said if the landlord was responsible for the heat, he couldn’t arbitrarily raise the rent just because the fuel goes up.

Mr. Patterson commented that, knowing people are renting month-to-month, there will be a lot of people getting increases from landlords due to rising fuel costs. Commissioner Genuario agreed it will be a horrendous problem.

COMMISSIONER’S POTPOURRI

No discussion.

NEW BUSINESS

There was no new business to be discussed.

7:30 PM HEARING

The Chairman convened the hearing at 7:40 p.m.

The Chairman announced that Mary Lina Baez was present to translate the Hispanic testimony to English.

The Chairman thanked everyone for their presence and he said he appreciated them attending.

The Chairman introduced the Director Elisabeth Youngerman.

The Chairman asked the translator (Mary Lina Baez) to stand and take the oath to ask:

Do you solemnly swear that she would accurately and forthrightly translate what was stated and to accurately and forthrightly translate back the testimony back to English.
Ms. Mary Lina Baez swore yes.

The Chairman asked if everyone understood the hearing was being recorded. The complainants acknowledged that they understood this.

The Chairman stated the hearing would be conducted for :

CASE NO. 1520-05 (23 RYAN AVENUE)

The Chairman reviewed the procedure for conducting the hearing.

The landlord Mr. Ceja asked about having to sign any documents resulting from the outcome of the hearing. Commissioner Booth said there probably wouldn’t be anything signed tonight. He said this would depend on the agreement that may be made between the landlord and the tenant, but if not, the commission will submit their decision based on the findings within 15 days. And the landlord will be bound by the decision.

Mr. Ceja stated any decision made within 15-days would be abided by, noting that he would like to resolve the issue.

Commissioner Bernard clarified the decision would be binding for both parties.

Present:

Ms. Helida Benitez and Mr. Miguel Guerrero (tenants) of 23 Ryan Avenue, Norwalk, CT Mr. Jose Ceja (landlord) of 27 Ryan Avenue, Norwalk, CT

Mr. Lawrence E. Patterson, Field Representative, Fair Rent Commission

Ms. Elisabeth Youngerman, Director, Fair Rent Commission

All stood to be sworn in.

The Chairman asked if they:

· Solemnly swear to tell the truth, the whole truth and nothing but the truth so help you God.

o All parties said I do.

Mr. Patterson summarized the contents of the exhibit packet as follows:

Exhibit #:

1A. Complaint from tenant (in Spanish)

1B. Complaint from tenant (English translation)

2. Notification to landlord of complaint filing

3. Inspection report done by L. Patterson (2 pages)

4. Cover letter to tenant of inspection report

5. Cover letter to landlord of inspection report

6. Health Department inspection notice, issued 4/7/05 (4 pages)

7. Notification to landlord of abatement of Health Department violations, dated 7/12/05

8A. Notification letter to landlord of hearing, dated 8/23/05

8B. Hearing notice

9A. Notification letter to tenant of hearing, dated 8/23/05

9B. Hearing notice

10A. Letter to tenant from E. Youngerman re: attempt to settle (English), dated 8/30/05

10B. Letter to tenant from E. Youngerman re: attempt to settle (Spanish), dated 8/30/05

11. Factual Dispute – Case # 1520-05

Commissioner Booth asked the tenants if they had any other information to add.

Ms. Baez translated that: Ms. Benitez said everything asked for had been written and submitted. She spoke about the notice from the landlord regarding paying two months rent at $1,500. She asked what could be done about that. Commissioner Booth said they would answer to that later.

Commissioner Booth asked if there was anything else to add. Mr. Ceja said he tried to come to an agreement with the tenants. He said he spoke to Ms. Benitez yesterday, but knowing they had to come to the commission he decided to wait. He said they had agreements before, but they didn’t work. So he felt it was better get something in writing that would be agreed between both parties. Ms. Baez translated this to the tenants.

Mr. Ceja said that in the beginning of the year, around April. They had an agreement, but the reason there is no lease, was because in the past, the tenants violated the laws of the city due to using the house as a restaurant on the weekends. But after a few years, he said he realized the situation wasn’t working. So he asked them to think about moving within a reasonable amount of time. Ms. Baez translated this to the tenants.

Ms. Benitez said they do have a business, but they don’t use the house for it.

Mr. Ceja continued and said he had problems at the beginning of the year, because Ms. Benitez went to Mexico and left the oil tank empty, resulting in frozen pipes. So, he decided to ask them to move. Ms. Baez translated this to the tenants.

Mr. Ceja went on to say he came to a verbal agreement with Ms. Benitez at the end of April or May and again, he asked them to move. Subsequently, he received a Health Department notice. Ms. Baez translated this to the tenants.

Ms. Benitez said at the time the landlord asked them to vacate, he also gave them an option to stay and pay rent between $1,800.00 and $2,000.00, this was done after the complaint was filed. Mr. M. Guerrero said that Mr. Ceja had claimed that he already had people willing to pay that price.

Commissioner Booth asked Mr. Ceja if he was aware there were regulations landlords must follow. Mr. Ceja said yes.

Mr. Ceja said he told the tenants they needed to set a time to vacate. But Ms. Benitez said she didn’t know when. He pressured her for a date and told her it would have to be in two months, but Ms. Benitez wanted three months. So he asked her if she would abide by that time and she said yes. Mr. Patterson asked when this was discussed. Mr. Ceja said it was discussed in April and they agreed they would leave in August. Ms. Baez translated this to the tenants.

Mr. M. Guerrero said that back in April when they presented to the landlord that they would leave in August, Mr. Ceja mentioned the $1,800.00 rent, but they didn’t know about the Fair Rent Commission and they found their hands tied.

Mr. Ceja asked if there was anything in writing indicating he asked for $1,800.00 or $2,000.00. He expressed that he believed in the law. Ms. Youngerman said that information wasn’t contained in the complaint.

Mr. Ceja said on August 1, when the tenants were supposed to leave, he came to the house. Mr. M. Guerrero was there and he told him that since they were leaving in a week, he wanted to show the house to someone, but Mr. M. Guerrero acted like he didn’t know what was going on. Ms. Baez translated this to the tenants. Mr. M. Guerrero said Mr. Ceja didn’t inform him of that, but he did tell Ms. Benitez this. Commissioner Booth asked if there was anything in writing regarding this. Mr. Ceja said there was nothing in writing, only verbal.

Commissioner Bernard said they reviewed the inspection report, exhibit-3 from the Health Department. He asked if all the repairs outlined in the report for the living room and front lock set were fixed. As well as the carpet, heat, wall plug. Mr. Ceja said yes.

Commissioner Bernard further reviewed the repairs made:

- leak behind the toilet tank not repaired

- light repaired

- bedroom #1 window repaired and the screen put in

- windows sealed

- bedroom #2 – plug in north wall repaired

- kitchen step repaired

- kitchen drain repaired

Ms. Benitez said the screen was nailed to the window and they can’t open it now. Mr. Ceja said the screen was put in, but he didn’t notice they couldn’t open it.

The Health Department Report was reviewed. Mr. Patterson referred to the one page abatement report, noting that the entire report was signed off on by Mr. Anthony Capuano.

Commissioner Murray asked then if the landlord met all the health code violations. Mr. Patterson said yes, noting the violations were directly addressed by the Health Department, but he did follow up in April and conducted his own inspection. He said he checked off all the repairs that had been done. Ms. Baez translated this to the tenants to verify all the violations to date have been taken care of and satisfied. Mr. M. Guerrero said there was still the leak in the bathroom.

Commissioner Bernard continued with the Health Department repairs:

- storm door put on the back door, not done yet.

- Old windows made weather tight in the basement – done

Mr. M. Guerrero said one window was repaired, but not the other one in the basement.

Mr. M. Guerrero said all the wires were exposed in the basement and there was a lot of moisture down there too.

Commissioner Bernard asked if the clutter in the basement was cleared out – the response was yes. Mr. Patterson added that he didn’t see any exposed wiring in August although the landlord had been cited by the Health Department in April of 2005. Ms. Baez translated this to the tenants. Mr. M. Guerrero said the phone wires were still exposed.

Mr. Patterson repeated that he didn’t see any electrical wires exposed.

Commissioner Booth stated that the commission would do an inspection to assure that all reasonable repairs were done.

Commissioner Murray asked if the leak behind the toilet was still there after August. Mr. Ceja said it happened after April.

Commissioner Murray asked about some other repairs noted. Mr. Patterson said there were cracks and chips, but they could be touched up and repaired.

Mr. Guerrero said they have occupied the house for four years and this was the first time any repairs were made within that time. He added that Mr. Ceja said he would rather demolish the house than to invest any money into it.

Commissioner Jean-Pierre asked why Mr. Ceja would rather demolish the house than do repairs. Ms. Benitez said before Mr. Ceja came before the commission, there was a plan to rebuild a new house there.

Commissioner Murray asked if the apartment was a 3-bedroom or a 2-bedroom. Ms. Benitez said it was a 3-bedroom. Mr. Ceja said that was correct. Ms. Benitez said they didn’t use one bedroom. Mr. Patterson asked how they used the other bedroom. Ms. Benitez said they used it for storage.

Commissioner Murray asked if the tenants were satisfied with the repairs. Ms. Benitez said she was not satisfied because the bathroom still needed repairs. She explained when they flush the toilet, it leaks. Mr. Ceja said it was not a major leak.

Commissioner Murray asked about the restaurant being run out of the house. Mr. Ceja said when it was used as a restaurant, it wasn’t used all week, but it was used on the weekends. He also noted they were selling beer, but it’s not happening now; it stopped two years ago. Ms. Baez translated this to the tenants. Mr. M. Guerrero and Ms. Benitez said this activity was no longer going on.

Commissioner Genuario asked if the tenants paid all the utilities. Ms. Benitez said yes.

Commissioner Genuario asked who paid the water bill. Mr. Ceja said he does.

Commissioner Genuario asked how the garbage was removed. Ms. Benitez said it’s removed by the city.

Commissioner Genuario asked when the repairs were done, was Mr.Ceja responsive to timing coming in and out the apartment. Mr. M. Guerrero said yes, he was responsive.

Commissioner Genuario asked if they were assured the work was completed. Ms. Benitez said yes.

Commissioner Bernard asked about the tenants living there for four years, pointing out that Mr. M. Guerrero’s statement that no repairs were done prior to April. He asked when something goes wrong, do the tenants ask Mr. Ceja to take care of the problem. Ms. Benitez and Mr. M. Guerrero both said yes.

Commissioner Simms asked if there were three people presently living in the apartment. Ms. Benitez said yes.

Commissioner Simms asked the date they moved in. Ms. Benitez said in 2001. Commissioner Booth asked if the rent was $1,200.00 then. Ms. Benitez said yes. But within two months, Mr. Ceja raised the rent another $100.00 and they paid it. Then within a year, he mentioned the taxes went up, so he increased the rent another $200.00. Commissioner Murray said he was confused by the increases. It was clarified that the rent was increased within the first three months by $100.00 making the rent $1,300.00, and then another $100.00 more two years later in 2003.

Commissioner Simms asked if the reason given for the increase was because of an increase in taxes.

Commissioner Simms asked if Mr. Ceja ever presented the tenants a lease in four years. Mr. M. Guerrero and Ms. Benitez said none was offered.

Commissioner B. Guerrero asked if the rent has been $1,200.00 for the last two years. Ms. Benitez said yes. Commissioner B. Guerrero asked if Mr. Ceja then came along to increase the rent by $200.00 as it was indicated in the complaint. Ms. Benitez said yes.

Commissioner Booth asked how long Mr. Ceja owned the property. Mr. Ceja said for four or five years.

Commissioner Genuario asked now that Mr. Ceja wanted to raise the rent from $1,400.00 to $1,600.00 and in view of the repairs being done, she asked if they would continue to be tenants at a rent of $1,600.00. Ms. Benitez said no, not at that price.

Commissioner Murray said he noticed there was a lot of stuff outside, such as junk, rubbish, garbage and abandoned furniture according to the Health Department report exhibit-6. He asked if it was there previously. Mr. Ceja said no, it was the tenant’s stuff.

Mr. M. Guerrero said there were drainpipes there and a lawn mower that is Mr. Ceja’s

Mr. Patterson said there were issues with clutter in the backyards, such as 55-gallon drums. He noted the backyard has street access and everything has been cleared out. He reiterated that Mr. Capuano of the Health Department signed off.

Commissioner Murray said that Mr. Ceja indicated he would let them stay at $1,500.00 per month. He asked if he was still willing to do that. Mr. Ceja said no.

Mr. Patterson asked what Mr. Ceja does for a living. Mr. Ceja said he does landscaping. He asked the tenants what they did for a living. Ms. Benitez and Mr. M. Guerrero said they owned a deli.

Commissioner Bernard asked Mr. Ceja if he was willing to take care of all the final repairs that needed to be done. Mr. Ceja said yes.

Commissioner Booth said it seemed they were in the position where the landlord wanted to reclaim the property and the tenants indicated they were not willing to pay more than $1,500.00. He asked if that was a correct . Ms. Baez translated this to the tenants. Ms. Benitez and Mr. Guerrero said that was correct.

Commissioner Murray asked for clarification on the amount of rent they would be willing to stay for. Ms. Benitez said that she found paying $1,400. 00 was too much.

Ms. Benitez said they can’t sign a lease because they were planning to go back to Mexico.

Commissioner Simms asked if there were any prospects for a new rental? Mr. Ceja said he had interest in the apartment. Commissioner Simms asked what the prospective tenants were willing to pay? Mr. Ceja said $1,600.00. He noted that if the house stayed vacant, it creates problems.

Commissioner Simms asked if he was holding the tenants security deposit. Mr. Ceja said yes, $1,200.00

Commissioner Genuario asked where the tenants would go between now and the time they leave for Mexico. Ms. Benitez said if the commission says they have to vacate, she will look for a place to stay. Commissioner Jean-Pierre asked if she felt she would find a place to rent for a month or two. Ms. Benitez said it will be hard, but she felt her complaint was not valid because she came before the commission to say the rent increase was excessive.

Commissioner Genuario explained that the complaint was that the rent increase was too much because the apartment needed a lot of repairs. But most of the repairs were completed, so she felt the complaint didn’t have any bearing now, pointing out that now the tenants aren’t willing to stay even with the repairs done. Ms. Baez translated to the tenants. Ms. Benitez said Mr. Ceja mentioned that the rent would be $1,500.00 now that all the repairs were satisfied, but that the decision was based on what the commission decided. Mr. Ceja said he indicated it would be $1,600.00 in the complaint, pointing out that the tenants are now saying they will move in three or four months. So he’s looking to finalize this matter and get clear when they will actually vacate.

Commissioner Booth asked the tenants if they had anything more to say. Ms. Benitez said the last notice she received mentioned the rent would be $1,500.00 Commissioner Booth said that since there was no lease that changes things.

Mr. Ceja concluded that it will hit him hard if they vacate in December.

Commissioner Booth stated that the decision will be enforced and they will receive a decision in 15 days. Ms. Baez translated this to the tenants.

Mr. M. Guerrero made the observation that he didn’t understand why Mr. Ceja couldn’t wait for four months and let them continue paying $1,400.00. Commissioner Jean-Pierre responded that it’s because the repairs were done, but now there is a conflicting situation between what was said originally.

Commissioner Booth asked the age of the child living in the apartment. Ms. Benitez said it’s a boy 13 years old.

Mr. Ceja said he wanted them to leave the house by August 1, but now they were asking for another four moths. He repeated again, that this will be a hardship on him.

Commissioner Murray asked when the rent was due. Mr.Ceja said it was due on September 1, but it hasn’t been paid yet. Commissioner Bernard said the September rent might be paid to the commission in escrow based on the decision.

It was clarified that the instructions in the letter say that the tenants should pay Mr. Ceja for

September rent.

Commissioner Booth thanked Ms. Mary Lina Baez for translating.

The regular meeting reconvened.

REVIEW and DISCUSSION OF OPEN CASES

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

Mr. Patterson updated that this complaint was withdrawn. He said they came to an agreement. Ms. Youngerman updated that the co-op was becoming a condominium. The co-op owns this unit and is renting it out. The tenant who filed the complaint came up with a compromise for a 1-year lease and they will get rights under the condominium conversion law.

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

Mr. Patterson noted this complaint was heard tonight (see below for outcome).

PRESENTATION OF NEW CASES

Mr. Patterson stated that complaints 1521-05 through 1528-05 involved property that was sold in May. The new owners came in to convert them to condominiums of 21-units. They also submitted increases ranging from 12% to 60%, but no formal papers have been filed yet. On each case, many have minor repairs, but two units have significant plumbing problems.

Ms. Youngerman noted she has met in groups and with individuals to discuss the issue of the condominium conversion and she is working with the owner’s attorney on the lease agreement.

1521-05 New Case: Aguilar, 10 Arch St. #10. Complaint filed 08/05/05

1522-05 New Case: Iri, 8 Arch St. #2. Complaint filed 08/05/05

1523-05 New Case: Walsh, 10 Arch St. #J. Complaint filed 08/05/05

1524-05 New Case: Mellozzi, 8 Arch St. #3. Complaint filed 08/02/05

1525-05 New Case: Ruiz, 8 Arch St. #4. Complaint filed 08/09/05

1526-05 New Case: Robinson, 8 Arch St. #1. Complaint filed 08/09/05

1527-05 New Case: Hawkins, 8 Arch St. #9. Complaint filed 08/17/05

1528-05 New Case: James, 10 Arch St. #I. Complaint filed 08/17/05

** COMMISSIONER SIMMS MOVED FOR A RECOMMENDATION TO HEAR CASES 1521-05 THROUGH 1528-05

** COMMISSIONER BERNARD SECONDED

** MOTION PASSED UNANIMOUSLY

1529-05 New Case: Brown, 10 Wall St. #306. Complaint filed 08/25/05

Mr. Patterson said this case came in on August 25, 2005; he visited the property and saw there were minor repairs needed. The complaint is for an increase of $250.00.

** COMMISSIONER SIMMS MOVED FOR A RECOMMENDATION TO HEAR THE CASE

** COMMISSIONER GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

1530-05 New Case: Vella, 30 Meeker Ct., 2nd Floor. Complaint filed 08/29/05

Mr. Patterson said the complaint was filed on August 29, 2005, but there hasn’t been an inspection yet.

** COMMISSIONER GENUARIO MOVED FOR A RECOMMENDATION TO HEAR THE CASE

** COMMISSIONER SIMMS SECONDED

** MOTION PASSED UNANIMOUSLY

DELIBERATION AND DECISION ON HEARING CASE

Commissioner Booth read the standards as outlined as they applied to Case 1520-05 (23 Ryan Avenue). He stated that items A through M all applied. All the commissioners concurred.

THE FOLLOWING FINDINGS WERE DETERMINED BY THE COMMISSION:

1. THE TENANTS MOVED-IN DURING 2001 AND THERE WAS NO LEASE.

2. THERE ARE THREE OCCUPANTS ON THE PROPERTY, TWO (2) ADULTS AND ONE (1)CHILD.

3. THERE WAS ALWAYS A MONTH-TO-MONTH TENANCY.

4. THE LANDLORD NEVER PRESENTED THE TENANTS WITH A LEASE

5. THE INITIAL RENT WAS $1,200.00 AND IT WAS INCREASED BY $100.00 AFTER THREE MONTHS. THE LAST INCREASE WAS TO $1400.00 IN 2003 AND IT HAS NOT INCREASED IN TWO YEARS.

6. THE LANDLORD STATED HE HAD A $1,200.00 SECURITY DEPOSIT FROM THE TENANTS.

7. THE TENANT PAYS ALL UTILITIES, EXCEPT FOR WATER.

8. THE LANDLORD TAKES CARE OF THE EXTERIOR OF THE PROPERTY.

9. THE LANDLORD STATED HE WILL DO ALL THE REQUIRED UNFINISHED REPAIRS LISTED IN THE INSPECTION REPORT.

10. THERE IS STILL A LEAK IN THE BATHROOM.

11. THE TENANTS ARE NOT WILLING TO PAY $1,600.00 PER MONTH.

12. THE LANDLORD IS NOT WILLING TO ACCEPT ANYTHING LESS THAN $1,600.00 PER MONTH.

13. THE TENANTS ARE NOT WILLING TO PAY MORE THAN $1,400. PER MONTH.

14. THE LANDLORD STATED THAT IT WAS HIS BELIEF THAT THE TENANTS WOULD VACATE AS OF AUGUST 1, 2005.

15. THE TENANTS STATED THEIR INTENT WAS TO MOVE TO MEXICO WITHIN THREE TO FOUR MONTHS.

16. THE LANDLORD EXPRESSED CONCERN ABOUT REPLACING TENANTS WHO VACATE IN DECEMBER.

17. THE TENANTS SAID THE MAJORITY OF REPAIR WORK WAS DONE IN A SATISFACTORY MANNER.

18. THE HEALTH DEPARTMENT SIGNED OFF ON THE VIOLATIONS CITED IN APRIL 2005.

19. THE LANDLORD RESIDES TWO DOORS AWAY FROM THE TENANT.

20. MR. PATTERSON WAS NOT ASKED TO MAKE A FINAL INSPECTION.

21. AUGUST RENT WAS PAID, BUT SEPTEMBER RENT HAS NOT BEEN PAID TO DATE.

22. THE INITIAL COMPLAINT WAS FILED THE DAY THE LANDLORD EXPECTED THE TENANTS TO VACATE.

23. THEY WERE THE ONLY TENANTS LIVING THERE SINCE THE LANDLORD PURCHASED THE HOUSE.

24. THE TENANTS FILED THE COMPLAINT AFTER THE HEALTH DEPARTMENT REPAIRS WERE COMPLETED AND SIGNED OFF BY TONY CAPUANO.

THE FOLLOWING DECISIONS WERE DETERMINED BY THE COMMISSION:

THE FAIR RENT COMMISSION WILL NOT ESCROW THE RENT.
THE FAIR RENT COMMISSION WILL GIVE THE LANDLORD UNTIL SEPTEMBER 30, 2005 TO COMPLETE ALL LISTED REPAIRS CITED IN THE FAIR RENT COMMISSION REPORT.
AS OF OCTOBER 1, 2005, THE RENT SHALL BE $1,600.00

** COMMISSIONER BERNARD MOVED TO AUTHORIZE THE CHAIRMAN TO SIGN OFF ON THE FINDINGS AND DECISIONS, IF IN HIS OPINION IT MEETS THE GENERAL CONSENSUS OF THE COMMISSIONERS.

** COMMISSIONER GENUARIO SECONDED.

** MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

** COMMISSIONER SIMMS MADE A MOTION TO ADJOURN

** COMMISSIONER GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

The meeting adjourned at 10:15 p.m.

Respectfully submitted,

Diane Graham

Telesco Secretarial Services