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FAIR
RENT COMMISSION
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OCTOBER 5, 2005
ATTENDANCE : Richard Booth, Chairman; Martin Bernard, Vice Chairman (7:25
p.m.); Maria Borges-Lopez; John Church, Akisha
Cassermere, Marissa Lilliedahl,
Jeannette Jean-Pierre (7:55 p.m.)
STAFF: Elisabeth Youngerman, Director of Human Relations and Fair
Rent; Lawrence E. Patterson, Field Representative.
OTHERS: Mayor Alex Knopp, Janine Brown, Patricia Jurgielewicz
CALL TO ORDER
Chairman Booth called the meeting to order at 7:12 p.m.
Mr. Bernard arrived at 7:25 p.m.
Mayor Knopp arrived at 7:34 p.m.
The Mayor swore in Ms. Lilliedahl as alternate member of the Commission. Mayor Knopp left the meeting at 7:36 p.m.
PUBLIC HEARING
Chairman Booth called the public hearing to order at 7:48 p.m. He stated that the Commissioners usually have name plates in front of them to identify them to the participants of the public hearing, but with four new commissioners, that was not possible this time. He also explained that the meeting was being recorded by both a private secretarial service and a City transcriptionist.
Chairman Booth stated that the hearing would be conducted for :
CASE NO. 1529-05 (10 WALL STREET, APT #306)
The Chairman reviewed the procedure for conducting hearings.
The tenant, Ms. Janine Brown of 10 Wall Street, Apt #306, Norwalk CT; and the representative for the landlord, Ms. Patricia Jurgielewicz, 220 Livings Road, Easton, CT; the Director of Fair Rent and Human Relations, Ms. Youngerman and the Field Representative, Mr. Patterson all stood to be sworn in.
Chairman Booth asked if they:
• Solemnly swear to tell the truth, the whole truth and nothing but the
truth, so help you God.
• All parties replied “I do.”
Ms. Youngerman reviewed the contents of the exhibit packet as follows:
1. Initial Complaint from the tenant on August 25, 2005 (2 pages)
2. Copy of the Apartment Lease from October 3, 2003 to September 30, 2004
between the landlord and the tenant. (3 pages)
3. A letter to the landlord from Ms. Youngerman on September 1, 2005 regarding
the complaint that had been filed and requesting their response.
4. An email dated August 26, 2005 to the landlord from the tenant.
5. An email response from the landlord to the tenant on August 26, 2005
6A. A cover letter to the landlord from Mr. Patterson.
6B. A letter to the tenant from Mr. Patterson.
6C. A copy of the Inspection Report completed on September 7, 2005. (2 pages)
7. A fax from the property manager to Mr. Patterson that was received
on September 19, 2005. (2 pages)
8. An email to the landlord from the tenant dated September 22, 2005.
9A. Notice of hearing sent to the tenant.
9B. Notice of hearing sent to the landlord.
9C. Notice of hearing sent to the property managers.
10. A letter to Ms. Youngerman from the property managers with attached
documentation. (20 pages)
Chairman Booth asked if the tenant had anything to add to the case that was not already included in the exhibits.
Ms. Brown thanked the Commission and stated that she had a copy of her lease for the period of October 2004 to September 2005. She stated that the copy of the lease in the exhibit packet and the current one were essentially the same. Ms. Brown stated that her lease had been renewed last year at the same amount but upon renewal this year, the landlord had asked for a rent increase from $1050 to $1300 per month. Ms. Brown stated that this was more than she could afford. Currently, she has offered the landlord $1150. This resulted in a $50 difference between what the landlord has requested and what the tenant has offered.
Mr. Patterson asked Chairman Booth if he could make copies of the current lease and add the copied lease as Exhibit 11. This was agreeable to Chairman Booth.
Mr. Patterson left the room at 7:50. P.M. to make copies of the 2004-2005 lease for the Commission.
Ms. Brown informed the Commission that another studio apartment had become available in the building, but the living space was only 14’x16’. The usable space is larger but the living space is too small for her furniture.
Ms. Jurgielewicz stated that she felt that this situation has been negotiated in good faith when the tenant moved from the original studio to the one bedroom apartment at the same rent because of the problem with the tenant in the next apartment. She reviewed the sequence of events. It was discovered that Ms. Brown had a cat, which was a violation of the strict no animal rule for the building. Ms. Jurgielewicz also stated that Ms. Brown had indeed asked for measurement of the offered studio, but that the property managers do not have the “as built” dimensions. Ms. Jurgielewicz stated that if Ms. Brown feels that the offered studio apartment is too small, she is not sure that is the problem of the property manger or landlord.
Commissioner Church asked why a second one-year lease for the one bedroom apartment was given to Ms. Brown at the same rate as the first one. Ms. Jurgielewicz stated that when the second lease was offered, the property managers were unsure of what to do and contacted an attorney for advice. The attorney suggested that the tenant be left there for another year. Ms. Jurgielewicz stated that the studio that Ms. Brown originally had was smaller than the studio that the management was currently offering her.
Commissioner Jean-Pierre arrived at 7:55 p.m.
Mr. Patterson returned to the room at 7:57 p.m. with copies of the 2004-2005 lease which he distributed to the Commissioners as Exhibit 11.
Commissioner Bernard asked about whether any repairs were needed. Mr. Patterson replied that some minor repairs had been performed.
Chairman Booth asked about the occupancy rate, and Ms. Jurgielewicz replied that it was 100%. If a tenant had renewed, there was a 5% increase, if a tenant moves out, then the rent is set at market rate.
Chairman Booth then inquired as to how the original studio would compare with the one that was currently being offered, in light of the fact that no two units in the building are identical. Ms. Brown replied that the original studio was large enough to fit a full sized bed as well as living room furniture in the studio. The living room is 14’ x 18’ in her current one bed room apartment while the entire space in the offered studio is 14’ x 16’. She reiterated the events leading up to this situation and stated that the Trolley Barn is not her enemy. In regards to her cats, Ms. Brown explained that when she had originally viewed the first studio, she had asked the agent about cats and had been told that it was fine.
Chairman Booth wished to know what market value rent would be on the apartment that Ms. Brown is currently occupying. Ms. Jurgielewicz replied that it would be $1300.
Ms. Brown stated that she and the management company have tried to work this out. Ms. Youngerman asked if Ms. Brown had ever had a rent increase. Ms. Brown replied that she had not. However, she knows that one tenant who has lived there for five years has only had one increase in rent. She stated she felt that any rent increase should be based on what she had been paying.
When asked by Chairman Booth about the $50 difference, Ms. Jurgielewicz replied that the there are no one bed room apartments available for $1200 in the building. Ms. Brown pointed out that her one bedroom apartment was rented out at less than $1200.
Ms. Jurgielewicz added that there had been another studio apartment that the management company thought was going to be available. She said Ms. Brown was shown that studio and was agreeable, however the sitting tenant decided to remain. Ms. Jurgielewicz stated that she felt that both parties has tried to work this out.
Chairman Booth said that what had happened in the past was unfortunate, but both parties tried to work it out. It would be better if the two parties could come to agreement on this issue. He stated that Ms. Brown really could not expect to stay in the apartment forever that has more space than what was originally rented.
Ms. Brown reiterated her version of the events to which Ms. Jurgielewicz replied with the management’s offers as stated earlier.
Mr. Church wanted to know if Ms. Brown moved into the studio, whether her rent remain the same. Ms. Jurgielewicz replied that a number of tenants will have their leases expiring during the next six months. They will receive 5% increases.
Ms. Brown said that she had asked Mr. Patterson to measure the two apartments, which was not done. She said she was hoping that he would actually see the amount of living space that was being offered.
Ms. Jurgielewicz replied that usable space and living space are two different things. Ms. Brown agreed.
Ms. Brown stated that the studio that was being offered was tiny. Ms. Jurgielewicz replied that the apartment she was being offered 608 sq. ft., the original apartment was 505 sq. ft. and was smaller.
Mr. Patterson stated that in looking at the leases each tenant receives a one-year lease. He was curious to know if anyone had a two year lease. Ms. Jurgielewicz replied that no one in the building had a two-year lease. She said that the management had offered Ms. Brown a two-year lease in a effort to stabilize her rent.
It was noticed that three cats were mentioned in the lease. Ms. Brown replied that she did not have three cats; she only had two. Chairman Booth asked if other tenants had cats and Ms. Jurgielewicz stated that no other tenants have animals.
Ms. Brown also stated that she had been offered a large studio on the second floor for $1025. She said that the rents seem to be very arbitrary. Chairman Booth asked if there was any particular reason why this larger studio was offered at a lower price. Ms. Jurgielewicz replied she did not know who quoted that price to Ms. Brown. Ms. Brown replied that it was Debbie Namath. Ms. Jurgielewicz replied that Ms. Namath did not have the authority to offer that apartment at that price. She also stated that she does not have a problem with giving Ms. Brown the right of first refusal on that apartment, but Ms. Brown cannot continue to pay $1050 and stay in the one bedroom apartment.
Chairman Booth suggested that perhaps paying a bit more until the studio becomes available and Ms. Brown replied that she would be thrilled to do that. She stated that she just couldn’t pay $1200. Ms. Jurgielewicz stated that she believes that she and Ms. Brown negotiated in good faith.
Chairman Booth stated that the taxes have gone up quite a bit in the last few years since Ms. Brown has been there and the energy costs, also.
Ms. Jurgielewicz explained that the lease expires in February of 2006 and that notices would go out about 45 days before. Those that are renewing will be given a year’s lease.
Commissioner Church asked Ms. Brown if the studio that they were offering her
was too small under any circumstances or that she would be willing to live there
at the same rent.
Ms. Brown replied she had not considered that possibility, as it had not been
offered.
Ms. Jurgielewicz expressed some concerns about which unit Ms. Brown might choose as there has been a few occasions when Ms. Brown complained about noise.
Chairman Booth asked Ms. Brown if she had considered what she would have to pay if she had to move from the Trolley Barn. Ms. Brown replied that she is not expecting to live there forever.
Chairman Booth thanked both Ms. Brown and Ms. Jurgielewicz for coming to the hearing and informed them that they would receive a decision within 15 days.
At 8:25 p.m. Chairman Booth announced that the public hearing was now closed. He also declared that the Fair Rent Commission would go into a short recess for a few minutes before continuing on with the evening’s business.
Chairman Booth reconvened the Fair Rent Commission back into session at 8:35 p.m.
Addressing the new Commissioners, Chairman Booth explained that the Commission preferred to start at 7:00 p.m. and conduct as much business as possible before the start of a hearing. He expressed approval that the new members had come to the meeting and displayed a laminated identity card that had been made for the Commissioners by the Police Department during the mid-90’s. They are handy to have, he explained, as a means of identification when meeting with landlords or tenants off site. Sometimes a Commissioner may accompany Mr. Patterson on his site inspections to verify the conditions. Commissioner Jean-Pierre agreed and related the details about the time a landlord did not believe she was a Commissioner because she did not have any photo identification to show the tenant. Mr. Booth asked Ms. Youngerman to check with Chief Rilling about the possibility of getting new identity cards issued.
Chairman Booth then explained to the Commissioners that the staff works for the Commission. Also, it was important for the Commission to perform the job they were sworn in for; otherwise the court might reverse the Commission’s decision. They have never done so, but good preparation is always necessary.
Commissioner Candace Schafer has submitted a letter of resignation because the Fair Rent Commission meetings are on a night that she is scheduled for a class, Chairman Booth announced.
Mr. Patterson rejoined the meeting at 8:45 p.m.
2. DIRECTOR’S REPORT
Ms. Youngerman reviewed her report for the Commission. One Fair Rent case was dismissed. There were two complaints filed this past week. Ms.Youngerman pointed out that there had been an increase in Section 8 tenants because the Norwalk Housing Authority is now enforcing the regulations more stringently than before. With less rental assistance available, the consequences of lease violations for Section 8 tenants is serious.
The situation at 8-10 Arch Street had been almost settled. Seven of the 8 original tenants now have leases and will be eligible to purchase their units when the building is converted to condominiums. One tenant has withdrawn the complaint and is now under eviction, which will be resolved in court and therefore is no longer under the jurisdiction of the Fair Rent Commission. The building had been owned by the previous landlord for a number of years and the tenants had $50 annual rent increases over the years, so when the new landlord increased the rents substantially, it was quite a shock for the long time tenants.
Mr. Patterson explained that the reason he was delayed in returning to the meeting following the recess was that the tenant who will be attending court regarding the eviction was in the hallway. She had not received a call from her lawyer informing her that the Fair Rent Commission did not need her for a hearing tonight. Mr. Patterson updated her on the situation.
Ms. Cassermere wanted to know what would happen to those tenants at Arch Street that had bad credit when the building was converted to condominiums. Ms. Youngerman responded that they are allowed to continue in the units for nine months following receipt of the notice of conversion. She also explained that the Fair Rent Commission helps refer the tenants to classes on home ownership and other topics.
Mr. Patterson commented that he did not want the opportunity to pass without mentioning the large role that Ms. Youngerman played in facilitating the tenants’ resolutions with the landlord at Arch Street.
Ms. Youngerman informed the Commission that she had spent some time working with Commissioner Bernard on a brochure.
4. COMMISSIONER’S POTPOURRI
This portion of the meeting was designed to allow the Commissioners to bring
any concerns or comments that they had to Commission, Chairman Booth explained.
Most of the comments had already been expressed.
5. NEW BUSINESS
There was no new business to discuss.
7. REVIEW AND DISCUSSION OF OPEN CASES
1519-05 Almirakis, 25 Monroe St. #H-6. Complaint filed 08/03/05.
Mr. Patterson informed the Commission that the complaint was withdrawn.
In view of this, Mr. Patterson recommended closing the case.
** MR. BERNARD MOVED FOR A RECOMMENDATION TO CLOSE
CASE # 1519-05 ALMIRAKIS, 25 MONROE ST. #H-6. COMPLAINT
FILED 08/03/05.
** MR. CHURCH SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1520-05 Benitez, 23 Ryan Ave. Complaint filed 08/01/05.
All the work was completed, the decision was mailed on 9/15. Mr.
Patterson recommended closing the case.
** MR. CHURCH MOVED FOR A RECOMMENDATION TO CLOSE
CASE # 1520-05 BENITEZ, 23 RYAN AVE. COMPLAINT FILED 08/01/05.
** MR. BERNARD SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1521-05 Aguilar, 10 Arch Street, #10. Complaint filed 08/05/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1522-05 Iri, 8 Arch Street, #2. Complaint filed 08/05/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1523-05 Walsh, 10 Arch Street, #J. Complaint filed 08/05/05.
The tenant’s attorney recommended withdrawing the complaint on 10/04.
Mr. Patterson recommended closing the case.
** MS. BORGES-LOPEZ MOVED FOR A RECOMMENDATION TO CLOSE
CASE #1523-05 WALSH, 10 ARCH STREET, #J. COMPLAINT FILED ON
08/05/05.
** MR. CHURCH SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1524-05 Mellozzi, 8 Arch Street, #3. Complaint filed 08/02/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
has resulted in a signed lease. Mr. Patterson recommended no action.
1525-05 Ruiz, 8 Arch Street, #4. Complaint filed 08/09/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1526-05 Robinson, 8 Arch Street, #1. Complaint filed 08/08/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1527-05 Hawkins, 8 Arch Street, #9. Complaint filed 08/17/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1528-05 James, 10 Arch Street, #I. Complaint filed 08/17/05.
The negotiations between the landlord, the tenant and Ms. Youngerman
have resulted in a signed lease. Mr. Patterson recommended no action.
1529-05 Brown, 10 Wall Street, #306. Complaint filed 08/25/05.
Mr. Patterson noted that this complaint had been heard tonight.
(See below for outcome.)
1530-05 Vella, 30 Meeker Court, 2nd floor. Complaint filed 09/14.
Mr. Patterson informed the Commission that the tenant has withdrawn
the Complaint. He recommended closing the case.
** MR. BERNARD MOVED FOR RECOMMENDATION TO CLOSE
CASE # 1530-05 VELLA, 30 MEEKER COURT, 2ND FLOOR.
COMPLAINT FILED 09/14/05.
** MS. BORGES-LOPEZ SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1531-05 NEW CASE: Franko, 11 Dry Hill Road, #1-R, Complaint filed
09/14/05.
Mr. Patterson informed the Commission that the complaint had been
withdrawn.
1532-05 NEW CASE: Esposito, 93 Richards Avenue, #704. Complaint
filed 10/03/05.
Mr. Patterson recommended that this case be heard.
** MR. BERNARD MOVED FOR A RECOMMENDATION TO HEAR
CASE #1532-05 - ESPOSITO, 93 RICHARDS AVENUE, #704,
COMPLAINT FILED 10/03/05.
** MR. CHURCH SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1533-05 NEW CASE: D’Alessandro, 30 Morton St, 2nd Floor, Complaint
filed on 10/05/05.
Mr. Patterson recommended that the case be heard.
** MS. BORGES-LOPEZ MOVED FOR A RECOMMENDATION TO HEAR
CASE #1533-05 - D’ALESSANDRO, 30 MORTON STREET, 2ND FLOOR.
COMPLAINT FILED 10/05/05.
** MS. LILLIEDAHL SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1. APPROVAL OF MINUTES OF PREVIOUS MEETING - SEPTEMBER 7, 2005
Corrections:
Page 1, under ATTENDANCE: please change “Martin Bernard; Vice Chairman,” to
“Martin Bernard, Vice Chairman;”
Page 1, under ATTENDANCE: please change “Jeanette Jean-Pierie” to “Jeannette
Jean-
Pierre” through out the document.
Page 1, under STAFF: please change “Larry Patterson” to “Lawrence Patterson”. Chairman Booth stated that no one should be referred to by a nickname.
Page 1, under OTHER: please correct “Elisabeth Youngerman, Director of Human
Resources” to “Elisabeth Youngerman, Director of Human Resources and
Fair Rent” and move her name under the STAFF heading.
Page 2, paragraph 8: please change “She noted the master contract has been
signed.” to
“She noted the master contract to purchase new copiers for City Departments
has been signed.”
Page 3, paragraph 2, line 3: please change “personnel” to “Personnel”.
Page 3, paragraph 7, line 1: please change “Mr. Patterson commented that knowing
people
renting month-to-month, there will be alot of people dumped on by landlords
for
increases” to “Mr. Patterson commented that knowing people are renting month-
to-month, there will be alot of people getting increases from landlords due
to rising
fuel prices.”
Page 4, paragraph 5, line 1: please change “Marie Lina Baez” to “Mary Lina
Baez”
throughout the document.
Page 4, paragraph 5, line 5: please change “Ms. Marie Line Baez” to “Ms. Mary
Lina
Baez”
Page 4, paragraph 12, line 1: please change “Mr. Guerrero” to “Mr. Miguel Guerrero”.
Page 5. paragraph 2: please replace the listing of exhibits with the following:
1A. Complaint from the tenant in Spanish.
1B. English translation of the complaint
2. Notification to the landlord of the complaint being filed.
3. Inspection report done by Mr. Patterson (2 pages).
4. Letter to tenant of inspection report.
5. Letter to landlord of inspection report.
6. Health Department inspection notice issued 4/7/05 (4 pages)
7. Health Department notice of violations dated 7/12/05.
8A. Letter to landlord noting tonight’s hearing.
8B. Hearing Notice.
9A. Letter to tenant noting tonight’s hearing.
9B. Hearing notice.
10A. Letter to tenant from Elisabeth Youngerman regarding an attempt to settle
(English)
10B Letter to tenant from Elisabeth Youngerman regarding an attempt to settle
(Spanish)
11. Factual Dispute - Case #1520-05.
Page 5, paragraph 7, line 2: please change “...and left the oil heater empty
and there were
other problems.” to “and left the oil tank empty resulting in frozen pipes.”
Page 6, paragraph 1, line 3: please change “Mr. Guerrero” to “Mr. M. Guerrero”
throughout the page.
Page 6, paragraph 1, line 3: please change “Mr. Ceja said he already had people...”
to “Mr. Ceja had claimed that he already had people...”
Page 7, paragraph 1, line 2: please change “Mr. Capilano” to “Mr. Capuano”.
Page 7, paragraph 3, line 4: please change “Mr. Guerrero” to “Mr. M. Guerrero”
through out the page.
Page 7, paragraph 5, line 3: please change “they were exposed in April, he
didn’t see any
exposed when he visited...” to “they’d been cited by the Health Department in
April, he didn’t see any exposed wires when he visited...”
Page 7, paragraph 10, line 3: please change “rebuild” to “build”.
Page 8, paragraph 2, line 2: please change “but it was on weekends” to “but
it was used on
weekends”.
Page 8, paragraph 2, line 4: please change “Mr. Guerrero” to “Mr. M. Guerrero”
throughout
the entire page.
Page 8, paragraph 10, line 7: please change “$1,300.00 and then...” to “$1,300.00,
and
then...”
Page 9, paragraph 3, line 4: please change “Mr. Guerrero” to “Mr. M. Guerrero”
throughout the entire page.
Page 9, paragraph 4, line 1: please change “basement” to “backyard”.
Page 9, paragraph 4. line 3: please change “Mr. Capilano” to “Mr. Capuano”.
Page 9, paragraph 11, line 1: please change “lease” to “rental”
Page 9, paragraph 11, line 2: please change “... asked what they were willing...”
to
“... asked what the prospective tenants were willing...”
Page 10, paragraph 1, line 1: please change “not valid” to “valid”
Page 10, paragraph 2, line 1: please change “... was the rennet was too much...”
to “...was
that the rent increase was too much...”
Page 10, paragraph 5, line 1: please change “Mr. Guerrero” to “Mr. M. Guerrero”
throughout the page.
Page 10, paragraph 5, line 2: please change “Ms. Jean-Piere” to “Commissioner
Jean-
Pierre”.
Page 10, paragraph 7, line 2: please change “moths” to “months”.
Page 10, paragraph 9, line 1, please change “Marie Line Baez” to “Mary Lina Baez.”
Page 11, paragraph 1, line 1: please change “...that the co-op become a condominium...”
to “...that the co-op was becoming a condominium...”
Page 11, paragraph 1, line 2: please change “ owns one unit” to “owns this unit”
Page 12, DELIBERATIONS AND DECISION ON HEARING CASES header:
please change “CASES” to “CASE”
Page 12, Determination #3: please change “OCCUPANCY” to “TENANCY”.
Page 12, Determination # 5: please change “AFTER THREE MONTHS AND HAS NOT
INCREASE IN TWO YEARS” to ““AFTER THREE MONTHS. LAST
INCREASE WAS TO $1400 IN 2003 AND HAS NOT INCREASED IN TWO
YEARS.”
Page 12. Determination #12: please change “...ACCEPT LES THAN” to “ACCEPT
ANYTHING LESS THAN”
Page 13, Determination #16: please change “THE LANDLORD WILL NOT ACCEPT
THE PROPERTY BEING VACATED IN DECEMBER 2005” to
“THE LANDLORD EXPRESSED CONCERN ABOUT REPLACING
TENANTS WHO VACATE IN DECEMBER 2005.”
Page 13, paragraph 3, line 2: please change “...SIGN OFF ON THE FINDINGS AND
DECISIONS, IF IT MEETS THE CONSENSUS OF THE COMMISSION.” to
“SIGN ON THE FINDINGS AND DECISIONS, IF IN HIS OPINION IT
MEETS THE CONSENSUS OF THE COMMISSION.”
Page 13, paragraph 3, line 4: please change “COMMISSIONER SIMMS” to
“COMMISSIONER GENUARIO”.
Commissioner Cassermere left at 9:15 p.m.
8. DELIBERATIONS AND DECISIONS ON HEARING CASE
Commissioner Booth red the standards as outlined as the applied to Case No. 1529-05 -10 Wall Street, Apt #306. He stated that Item A, and Items D-J applied. All of the Commissioners agreed.
THE FOLLOWING FINDINGS WERE DETERMINED BY THE COMMISSION:
1. THE TENANT MOVED IN DURING OCTOBER 2003 PAYING A MONTHLY
RENT OF $1050.00.
2. THE TENANT AND THE LANDLORD REACHED AN AGREEMENT
CONCERNING HER MOVE TO A NEW UNIT WITHIN SIX WEEKS.
3. THE RENT REMAINED THE SAME ALTHOUGH THE MOVE WAS
FROM A STUDIO TO A ONE BEDROOM APARTMENT.
4. THE LANDLORD MADE AN EXCEPTION FOR THE TENANT’S CATS.
5. ALL REPAIRS WERE PERFORMED QUICKLY.
6. THE TENANT HAS HAD TWO ONE-YEAR LEASE RENEWALS WITHOUT
A RENT INCREASE.
7. THE LANDLORD HAS OFFERED THE TENANT A TWO-YEAR LEASE.
8. THE TENANT WAS RECENTLY OFFERED A STUDIO APARTMENT FOR
THE SAME RENT SHE IS CURRENTLY PAYING.
9. THE LANDLORD IS WILLING TO ALLOW THE TENANT TO REMAIN
IN THE SAME UNIT FOR $1,200 A MONTH WITH A TWO YEAR
LEASE.
10. THE LANDLORD STATED THAT THE MARKET RATE FOR THIS ONE
BEDROOM UNIT WOULD BE $1,300 A MONTH.
11. THE TENANT IS WILLING TO PAY $1,150 A MONTH FOR THE UNIT SHE
CURRENTLY OCCUPIES.
12. THE STUDIO THAT THE TENANT ORIGINALLY RENTED FOR $1050 IS
CURRENTLY RENTING FOR $1000.
Commissioner Jean-Pierre left at 9:40 p.m.
There was a brief discussion concerning whether the issue was a fair market question or a rent increase decision. Mr. Patterson noted that the tenant is listed on the forms submitted by the management as paying $1300 when in fact, she is currently paying $1050. Commissioner Bernard suggested that if the rent was set at $1150 for six months, then an increase of $50 could be given. This was discussed and the events reiterated, including the fact that the tenant is on Social Security Disability.
THE FOLLOWING DECISION WAS DETERMINED BY THE COMMISSION:
THE FAIR RENT COMMISSION FINDS THAT A RENTAL OF
$1200 A MONTH FOR THE ONE BEDROOM APARTMENT
#306 AT 10 WALL STREET IS NOT HARSH AND
UNCONSCIONABLE AND SHOULD BE PAID.
** COMMISSIONER BERNARD MOVED TO AUTHORIZE THE
CHAIRMAN TO SIGN THESE DECISIONS AND FINDINGS IF
IN HIS OPINION, IT MEETS WITH THE CONSENSUS OF THE
COMMISSION.
** COMMISSIONER LILLIEDAHL SECONDED.
** THE MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
** COMMISSIONER CHURCH MOVED TO ADJOURN.
** COMMISSIONER LILLIEDAHL SECONDED.
** THE MOTION CARRIED UNANIMOUSLY.
The meeting adjourned at 10:10 p.m.
Respectfully submitted
Sharon L. Soltes
Telesco Secretarial Services.