DECEMBER 7, 2005

ATTENDANCE: Richard Booth, Chairman; Martin Bernard, Vice Chairman; Wendell Simms; Mary Geake; John Church; Pat Genuario;
Maria Borges-Lopez

STAFF: Elisabeth Youngerman, Director of Human Relations & Fair Rent; Lawrence E. Patterson, Field Representative

OTHER: Alzete Jeffreys, Andrew Wallace, both tenants of 11 Jefferson Street

CALL TO ORDER

Chairman Booth called the meeting to order at 7:03 p.m.

APPROVAL OF MINUTES OF PREVIOUS MEETING – NOVEMBER 2, 2005

The corrections to the minutes are as follows:

On page 1, 4th paragraph, 4th sentence, it should read Landlords.

On page 2, under Chairman’s Report, 3rd paragraph, change the word “from” to “in”.

On page 3, 1st paragraph, end of the 2nd sentence, it should read “to Superior Court”.

On page 3, 1st paragraph, 3rd sentence, omit the words “that dealt”.

On page 3, under Director’s Report, 1st paragraph, 3rd sentence, omit the words “is also”.

On page 3, 3rd paragraph, last sentence, it should read “This has been the busiest year for complaints in the last five years”.

On page 4, 3rd paragraph, 1st sentence, include the word “increase” after rent.

On page 8, under #1541-05, it should read “Mr. Patterson recommended closing this case”.

On page 8, next line, change the word “HEAR” to “CLOSE”.

On page 9, under New Business, 3rd paragraph, 6th sentence, change the word “site” to “cite”.

On page 10, 5th paragraph, 2nd sentence, it should read “and Fair Rent budget was listed as $48,000.”

On page 11, 3rd paragraph, 1st sentence, change the word “a” to “an”.

On page 11, under Training Materials and Brochures, 1st sentence, omit the word “the” before “updating”.

** MS. BORGES MOVED TO APPROVE THE MINUTES OF NOVEMBER 2, 2005.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Chairman Booth explained that the Human Relations & Fair Rent Commissions have been formed into one Department, with one budget overall. The two commissions will act independently under that one budget.

DIRECTOR’S REPORT

Ms. Youngerman distributed the schedule of next year’s meetings, and said that conference room #231 has been reserved.

There is a higher number of complaints from the intakes. One theory for this could be that there is less affordable housing, and for the same amount of intakes, there are more serious problems. There are more cases involving Section 8 and the Housing Authority. One of the cases tonight involves a Section 8 tenant. Ms. Youngerman explained that the Section 8 cases involve a lease between the tenant and the landlord, and a third contract between the landlord and the Housing Authority. The tenant on Section 8 pays 30 % of his/her income. The housing authority does inspections when the tenant moves in, but that doesn’t mean the standards remain the same over a period of time. Some other cases involved units within buildings that the Housing Authority owns, and they have been resolved.

Ms. Youngerman said the laminated pictures that were taken of each Commissioner would be available soon.

In October, they took the cases in, and scheduled them in November, but then postponed them. These were the cases from Riverview that involved the issue of the separate meters, and can the landlord charge the individual units without submetering. They have received legal memos from The Corporation Counsel for Equity, based in Chicago, and from Ms. Suib, the Fair Housing officer, and they asked Corporation Counsel to review them and give the Commission their separate opinion. It was promised to be back to them before the end of December in order to have a hearing in January. Ms. Youngerman will make that opinion available to the attorneys and she will make sure everything is addressed. Ms. Genuario asked where Riverview is located. Mr. Patterson said it is on Richards Avenue. Mr. Booth said it should be an interesting case. Ms. Youngerman said the attorney from Chicago is interested in flying in for the case. She said there are 5 cases from Riverview to be heard in January. She thanked Mr. Church for starting the work on the survey. She filled out a form for an intern and submitted it to UConn. She said the intent would be to have students from UConn help with the survey.

Ms. Youngerman said she is excited to be participating in the Community Indicators Project of the Human Services Council. She will be supervising the Section on basic material needs, which includes a basic study of housing availability. She offered to provide the Commissioners with a copy of the Community Indicators.

SCHEDULED HEARINGS

Chairman Booth said he doesn’t expect the landlord for the following tenants to be present, even though a notice had been mailed out to him.

#1539-05 Alzete Jeffreys vs. Stendhall Jean-Louis

Chairman Booth called the hearing to order at 7:35 p.m. He explained the procedure for the hearing to both tenants. Chairman Booth thanked them both for being here. He explained that there are two cases, #1539-05, 11 Jefferson Street; #A, (Ms. Alzete Jeffreys), and #1540-05, 11 Jefferson Street, #B, (Mr. Andrew Wallace), both having the same landlord, Mr. Jean-Louis Stendhall, of 239 Woodrow Avenue in Bridgeport, CT. As Mr. Stendhall had not shown up yet, Chairman Booth explained that they can postpone the meeting, or make the decision to hear the meeting even without the landlord being present.

** MR. BERNARD MOVED TO HEAR CASE #1539-05, ALZETE JEFFREYS VS. STENDHALL JEAN-LOUIS.
** MS. GENUARIO SECONDED.
** MOTION PASSED UNANIMOUSLY.

He asked both the tenants and the staff (Ms. Youngerman and Mr. Patterson) to stand in order to be sworn in.

Mr. Patterson said that Cases #1536-05, Ramirez vs. Merant, and #1534-05, Morales vs. Norwalk Housing Authority, as stated on the agenda, will not be heard tonight.

He then entered the exhibits for #1539-05 Jeffreys vs. Jean-Louis.

Exhibit 1 is the complaint, a two-sided document.
Exhibit 2 is notification to Ms. Jeffreys from Ms. Youngerman.
Exhibit 3 is a letter to Mr. Jean-Louis regarding the lease with Ms. Jeffreys, from Ms. Youngerman, with a copy to Ms. Hansen of the Norwalk Housing Authority Section 8 Program.
Exhibit 4 is a lease dated September 28, 2005, between Mr. Jean-Louis and Ms. Jeffreys.
Exhibit 5 is a letter to Mr. Jean-Louis from Ms. Youngerman.
Exhibit 6 is a letter to Mr. Jean-Louis from Mr. Lawrence Patterson regarding the inspection report.
Exhibit 7 is a letter to Ms. Jeffreys of said inspection report.
Exhibit 8 is the Norwalk Fair Rent inspection report.
Exhibit 9 is a copy of a letter that was sent to Mr. Jean-Louis postmarked October 28. It was sent to an address at 239 Woodrow Avenue in Bridgeport, via both certified mail and regular mail. The regular mail was not returned, and the certified mail was not picked up and was therefore returned.
Exhibit 10 is a letter to Mr. Jean-Louis from Ms. Youngerman regarding the notification of the hearing, and the income and expense statement requested of landlords.
Exhibit 10a is that notification.
Exhibit 11 is the notification to Ms. Jeffreys of the notice of hearing.
Exhibit 11a is the notice to appear for Ms. Jeffreys, which is dated for December 7, 2005.
Exhibit 12 is a copy of a Health Department Housing Inspector’s Inspection Report, done by Ms. Marilyn Maitlan, October 28, 2005, and sent to the address in Bridgeport.
Exhibit 13 is a letter to Ms. Hansen from Ms. Youngerman regarding the problems at 11 Jefferson Street with Ms. Jeffreys and Mr. Jean-Louis.
In addition to Exhibit 8, which was an inspection report of the Norwalk Fair Rent Commission, he said that Exhibit 8A is the photographs of both of the properties. He passed the photographs around to the Commission members, as there was only one copy.

#1540-05 Andrew Wallace vs. Stendhall Jean-Louis

Mr. Patterson then entered the exhibits for #1540-05 Wallace vs. Jean-Louis.
Exhibit 1 is a two-sided copy of Mr. Wallace’s complaint.
Exhibit 2 is notification to Mr. Jean-Louis from Ms. Youngerman of said complaint.
Exhibit 3 is notification to Mr. Wallace of the inspection report.
Exhibit 4 is notification to Mr. Jean-Louis of the inspection report.
Exhibit 5 is a copy of the inspection report.
Exhibit 6 is notification to Mr. Jean-Louis from the Health Department regarding the inspection report from the Health Department.
Exhibit 7 is a letter to Mr. Jean-Louis from Ms. Youngerman of the notice of the hearing.
Exhibit 7A is the notice to appear for Mr. Jean-Louis, sent to 239 Woodrow Avenue in Bridgeport, CT.
Exhibit 8 is notification to Mr. Wallace of the notice to appear at the hearing.
Exhibit 8A is the notice.
Exhibit 9 is a copy of the certified letter notifying Mr. Jean-Louis via certified mail, and the letter was sent regular mail, of the complaint that was filed by Mr. Wallace, dated October 28, 2005. The regular mail had not been returned to Mr. Patterson’s office; the certified mail had been returned unclaimed.
Exhibit 10 is the copy of the inspection report by the Health Department, done by Marilyn Maitland on October 31, 2005. Copies were sent to Mr. Jean-Louis at 239 Woodrow Avenue in Bridgeport, CT. In addition to the said exhibits, Mr. Wallace also has a packet of photographs that will accompany the packet that is being circulated among the Commissioners.

Mr. Patterson said that notification of the complaint and the hearing had been sent to Mr. Jean-Louis, and his office has not had any contact with the landlord. Ms. Youngerman asked Mr. Patterson if the Health Department has had any response from Mr. Jean-Louis. He said that he didn’t know of any contact that had taken place. Chairman Booth asked Mr. Patterson to review the inspection report, Exhibit #5, on Mr. Wallace’s case. Mr. Patterson said that Mr. Wallace took up residency the 2nd week of October, and the pictures taken are identical to when Mr. Patterson first inspected the property on October 25, approximately 10 days after Mr. Wallace moved in. Mr. Patterson conducted a full inspection of the entire property. The two family duplex had at one time sublet the basement out, and the Health Department apprised Mr. Jean-Louis that it was illegal, and there had been a fire in the basement in February. They shut him down from renting out the basement separately as a third unit, and was then offered as part of Unit B, Mr. Wallace’s side. Mr. Patterson inspected Ms. Jeffrey’s side of the house. She lived on the side of the house that the landlord did some renovation work on. She has lived there since March 1, and she filed the complaint on October 25, 2005. It had been inspected by Section 8 with the Housing Authority prior to her moving in. His inspection report is extensive on both sides. To date, he is certain that no repairs have been done except for putting the heat back on in Mr. Wallace’s side of the house. He had gone without heat for a weekend.

Mr. Patterson said that Ms. Jeffrey’s side had no problems with the heat, and Mr. Jean-Louis had done some renovation work, including paint and some cosmetic changes. Ms. Jeffrey lives there with her small children. There are numerous issues with repair problems that go unaddressed. Mr. Simms asked if Mr. Patterson’s office had tried to call Mr. Jean-Louis, and he said there has been no telephone contact. Mr. Patterson said Mr. Jean-Louis is aware of the complaints from his office and the Health Department, and has made comments to the tenants that he is aware of the complaints.

Chairman Booth asked Mr. Wallace if any repairs had been done. Mr. Wallace replied no. Chairman Booth said that now is the opportunity to add anything to the hearing, or comments of the reports, or descriptions of the photographs. Ms. Jeffrey’s said her main complaint is the approaching cold weather. She has put a heater in her daughter’s bedroom, as there is a gap near the window that lets the cold air in. She has applied for energy assistance for the oil that the heater needs. Her son’s bedroom is cold, also. Her six-month old child is starting to crawl, and she has to block things off in order to protect her from going near the open vent, and the roaches. She said Mr. Jean-Louis has not had any exterminating done. Her previous experience was renting for 10 years with no problems. She said Mr. Jean-Louis told her that he would fix things. She said that Section 8 went out three times before approving the apartment. Mr. Jean-Louis told her that the rent was $1900. She had gotten the form from Section 8, had it signed by Mr. Jean-Louis and her former landlord to clear up any existing problems, and she brought it back to Section 8. She gave him a security deposit of $1900 the day before she moved in. He had her sign a paper stating that Section 8 said that $1,855 was their portion of the rent, and she would have to pay the $45. Ms. Hansen at Section 8 presented her with his signed copy of the lease saying the rent was $1,855. Ms. Hansen clarified for Ms. Jeffreys that the rent was $1,855, not $1,900, and she would not be responsible for any more than that. Ms. Jeffreys said that she had transferred the gas in her name to the apartment. Ms. Hansen said Mr. Jean-Louis would be responsible for the gas. Ms. Hansen crossed it out and initialed the change. Ms. Jeffreys said she had to call the police because he tried to put a lockbox on her door when he put the house on the market. She said that Section 8 told her to call the police, and Fair Rent, and the police told her and Mr. Jean-Louis that she did not have to open the door if she didn’t want to. The police also told Mr. Jean-Louis that it would be considered trespassing if she, the tenant, didn’t want him there to show the house. Ms. Jeffreys had requested 24 hours notice from him to show the property. She said he had kicked in the basement door that you enter from the driveway. That door has not been repaired, so the basement remains open and accessible.

Mr. Wallace said that he wanted to add three things. Prior to signing the lease, for access to the ground floor and top floor, it would be an additional $1,200. The basement would be an additional $200. There is direct access from the outside to the basement. They were going to use two bedrooms in the basement, and they found out it was illegal. They rented the house on the premise of it being four bedrooms. He had called Mr. Jean-Louis about the roach problem, but he hadn’t taken care of it.

Chairman Booth asked the Commission members if they had any questions. Mr. Church asked for clarification of Mr. Jean-Louis harassing Ms. Jeffreys for money, and when she started making complaints about the issues. Ms. Jeffreys said anytime she made a complaint, he brushed her off and asked “where’s the rent”. She said she never paid because the work wasn’t done. Mr. Bernard asked if the Norwalk Housing Authority is paying all the rent. She said yes. Ms. Genuario asked Mr. Wallace if Mr. Jean-Louis goes in and out of his apartment. He asked for 24 hour notice and he agreed to be fair, but people just kept coming in. He said he showed every prospective buyer the health inspection report. Then the people stopped coming by. It is listed as a four-bedroom apartment. The bilco door in the basement has not been repaired. There are broken windows in the basement. Both apartments have roach problems, and no extermination attempts have been made. Mr. Jean-Louis just wants the rent money and won’t do the repairs. Mr. Patterson suggested that they continue to pay the rent until the issue is resolved.

DELIBERATIONS AND DECISION ON HEARING CASES

Chairman Booth reviewed the standards as set forth in the Code, by asking the questions out loud in review form. They would check the standards, and agree if they fit. Then they will provide their findings, and the findings have to be based on the standards. The responses to the questions were yes, except for the tax and overhead expenses question. There was no evidence of tax information provided from Mr. Jean-Louis.

#1539-05 Findings on the Jeffrey’s Case. The unit is not in compliance with Norwalk Health Department codes. The violation notice has been issued, and no remedial action has been taken. The date for the required repairs to be made was November 27, 2005. No action has been taken on the Norwalk Fair Rent Commission inspection report as of this hearing. The tenant moved in on March 1, 2005 and is a Section 8 tenant. Section 8 says the rent should be $1,855 per month, and Mr. Jean-Louis said Section 8 authorized the rent to be $1,900, which is in contradiction to the lease he signed. Mr. Jean-Louis has been attempting to obtain the extra $45 a month that he claims he is owed, even though Section 8 denied it. Ms. Geake said he had gained illegal entry on more than one occasion. The tenant pays electric and oil. Mr. Jean-Louis pays the gas, and has had the gas shut off at least once. Most likely it will happen again. The poor condition of the building has resulted in excessive energy consumption. Mr. Jean-Louis has made no attempt to appear to defend himself. The tenants pay the rent and send it to the mailbox at the house. The notices are sent to the Mr. Jean-Louis at 239 Woodrow Avenue in Bridgeport, CT, as well as 11 Jefferson Street. Mr. Patterson said that Mr. Jean-Louis refused to communicate with the Fair Rent Commission. He knew of one instance where Mr. Jean-Louis did communicate with the Health Department.

Mr. Jean-Louis has caused more damage to his property since the time of the tenant’s residence. The police have been summoned several times as a result of Mr. Jean-Louis’ actions. There was discussion surrounding Mr. Jean-Louis putting the house up for sale. Ms. Jeffreys said she had given a security deposit of $1,900, even though the rent was clearly listed on the lease as $1,855. Ms. Jeffreys paid $45 over the stated lease amount towards a security deposit, and she said that Mr. Jean-Louis wanted two month’s security. The amount of $3,710, which is $1,955 twice, was listed on the lease. Ms. Jeffreys claimed to have given an additional $90 to Mr. Jean-Louis as a security deposit above what the Section 8 rent was stated, and based on Mr. Jean-Louis saying that he obtained permission for the extra money from Section 8.

The Commissioners agree that they escrow the rent. The money from the escrow account can be used for repairs. The repairs may never get done because the house is on the market. It is noted in one of the two complaints that the property is for sale, and Mr. Jean-Louis has told both the tenants that he will lose it to a foreclosure. These apartments are not in living condition.

Ms. Genuario said that they should leave the rent at $1,855, escrow it from Section 8 and put it in an account. If Mr. Jean-Louis starts to make repairs, and he is not paying for them, they have money in the escrow account at least until the end of the lease in case it goes to foreclosure or is sold. Chairman Booth said to escrow the rent, cite Mr. Jean-Louis for violations, and fine him. Ms. Youngerman said that there was a vague letter sent to Ms. Jeffreys asking her to please come to the Housing Authority because there is something to discuss. Ms. Youngerman will accompany her to the meeting. The money she’s been paying for utilities cannot be refunded, but they can use Section 8 money for repairs. It was decided to give Mr. Jean-Louis to the end of the month to do the repairs. The original date was November 27, 2005, and he had not applied for an extension. The work doesn’t go out to bid; they select the tradesmen to do the repair work.

Ms. Genuario said the three decisions should be as follows:

a) Notify the Mr. Jean-Louis that he has until the 31st of December to make the repairs cited in their report as well as the Health Department report.

b) As of Jan.1, 2006, the rent of $1,855 paid by Section 8 will be escrowed to the Fair Rent Commission.

c) Any repairs that are deemed emergency repairs and have not been done by the Mr. Jean-Louis, will be taken over by the Fair Rent Commission. Effective Jan. 1, 2006, all escrowed money will go toward emergency repairs.

#1540-05 Findings on the Wallace case. Mr. Wallace rented the unit based on representation of a 4-bedroom apartment. He moved in on October 15, 2005. An inspection by the Health Department found two basement rooms were not suitable for bedrooms, and the rooms were ordered vacated. Mr. Wallace’s rent is based on having a 4-bedroom apartment. The outside back door (bilco) is accessible to anyone and provides an entrance to the whole house. The Health Department report on file is the same as Ms. Jeffrey’s. No repairs have been done at this time. The unit is not in compliance with the Norwalk Health Department. Mr. Wallace said that Mr. Jean-Louis has made forcible entry. It appears that the forcible entry could have been made prior to Mr. Wallace renting the apartment. Mr. Wallace pays $1,400 per month based on a 4-bedroom apartment. Mr. Wallace pays gas and electric. The poor condition of the windows and doors has caused excessive energy consumption. The heat had been shut off for the last weekend in October. Mr. Jean-Louis made no attempt to appear to defend himself. Mr. Jean-Louis has caused additional damage to his own property by kicking in doors. It becomes a security issue, especially for Mr. Wallace, that the property is not secure. Chairman Booth said that in the written document, he wanted to add the wording from paragraph 59-11 from the Fair Rent Commission.

The decisions are as follows:
Decision Apt. A

1) The landlord shall complete all repairs by December 31, 2005
2) If the repairs are not completed by December 31, 2005, the rent is to be escrowed with the Fair Rent Commission.
3) Effective January 1, 2006, all escrowed funds will be used for emergency repairs.

Decision: Apt. B

1) The rent shall be set at $1.00 per month, beginning November 26, 2005.
2) Rent will not be escrowed.
3) The Landlord shall complete all repairs by December 31, 2005.

These findings will be sent to both Mr. Jean-Louis, and Ms. Jeffreys and Mr. Wallace. The Commissioners agreed to cite paragraph 59-11 in the write-ups for both Ms. Jeffreys and Mr. Wallace, and to suggest in the cover letter to them that they call the Fair Rent Commission office ASAP if they have any questions or concerns. They will expedite this for Friday, December 9, 2005.

Chairman Booth provided the Commissioners with a packet of 9 different walking maps of Norwalk.

REVIEW AND DISCUSSION OF OPEN CASES

The regular, no-action cases are #1532-05, #1535-05, #1537-05, #1538-05 for Riverview at 93 Richards Avenue. Ms. Youngerman reviewed these previously, and they are aiming for January.

Case #1533-05 was supposed to go to a hearing, but the tenants are apparently moving, so there is no action, and there is nothing definite at this point.

Case #1534-05 was cancelled for these evening as it was settled last Friday with the Housing Authority.

Case #1536-05 was cancelled for these evening as it was settled this afternoon between the tenant and the landlord.

Case #1542-05 had the landlord making every good intention of starting the work, but there is nothing evident as of today. This may come up in January as a double hearing.

The new cases are #1543-05, which was opened by the office without being voted on by the Commission, and then was closed before the next meeting. The tenant has vacated and filed and signed a withdrawal.

** MR. BERNARD MOVED TO CLOSE CASE #1543-05.
** MS. GENUARIO SECONDED.
** MOTION PASSED UNANIMOUSLY.

Case #1544-05 and #1545-05 are Richards Avenue. They are filing the complaint based on the separate charges for water, sewer, and trash removal.

** MR. CHURCH MOVED TO HEAR CASE #1544-05 and #1545-05.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.

Case #1546-05 is a new case with minor repairs, but there is a $200 increase. It is the Foxboro Court Condominiums.

** MS. GENUARIO MOVED TO HEAR CASE #1546-05.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.

Case #1547-05 is a new case that is a rent issue, due to the landlord treating a surcharge for repairs as rent.

** MR. BERNARD MOVED TO HEAR CASE #1547-05.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.

** MR. BERNARD MOVED THAT THE DECEMBER 7, 2005 MINUTES BE ACCEPTED AS CORRECTED.
** MS. GEAKE SECONDED
** THE MOTION PASSED UNANIMOUSLY.

MOTION TO ADJOURN

** MR. BERNARD MOVED THAT THE CHAIRMAN BE RECOGNIZED TO SIGN THE FINDINGS AND DECISIONS OF THE FAIR RENT COMMISSION IN CASES HEARD TONIGHT IF THEY FULLY REFLECT THE FEELINGS AND OPINIONS OF THE COMMISSIONERS.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.

** MS. GENUARIO MOVED TO ADJOURN.
** MR. CHURCH SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:56 p.m.

Respectfully submitted,

Carolyn Marr
Telesco Secretarial Services