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FAIR
RENT COMMISSION
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MAY 3, 2006
ATTENDANCE: Richard Booth, Chairman; Maria Borges Lopez; Mary Geake; Andrew
Mattiello; Wendell Simms;
Mike Murray; Martin Bernard, Vice Chairman (7:38 p.m.); Ben Guerrero (7:40 p.m.)
STAFF: Elisabeth Youngerman
OTHER: Claudette Renzulli; William Cook
CALL TO ORDER
Chairman Booth called the meeting to order at 7:30 p.m. He mentioned it was great to see such a good turnout for the meeting, especially since they didn’t have a public hearing scheduled. He welcomed the new Fair Rent Commission alternate member, Andrew Mattiello, and asked him to say a few things about himself. Mr. Mattiello said he had just been appointed to the Fair Rent Commission in February. He has lived in Norwalk for 11 years. He has an interest in the Commission and thinks it is one of the best commissions to serve on. He feels it really helps the city. He works and is attending school part-time.
CHAIRMAN’S REPORT
Chairman Booth said that the Commission prides itself in being completely fair to the landlord as well as the tenants. He said they should have all received their invitation to the dinner. He said that he and Mr. Bernard are going to be honored, and he was very surprised. They invited Mayor Moccia to attend. The dinner will be at the Silvermine Tavern. There are about 18 people who will be going, and he was pleased that Sonya Devitt, Ms. Youngerman’s predecessor, will be able to attend.
Mr. Bernard arrived at 7:38 p.m.
Chairman Booth thanked Ms. Genuario for her hard work on coordinating the event, and he said she will emcee the evening.
He mentioned the different pamphlets that have recently been made available by the office.
Mr. Guerrero arrived at 7:40 p.m.
He said they received a nice letter addressed to Mayor Moccia from a resident regarding an unfair rent increase on Richards Avenue. The resident mentioned that the help she received from Ms. Youngerman and Mr. Patterson was phenomenal. He asked that a copy be placed in both Ms. Youngerman’s and Mr. Patterson’s files.
APPROVAL OF MINUTES OF PREVIOUS MEETING – MARCH 2006
** MR. BERNARD MOVED TO APPROVE THE MINUTES OF MARCH 2006 AS AMENDED.
The corrections to the minutes are as follows:
On page 1, under Director’s Report, 2nd sentence, it should read “a total of 41 intakes received”.
On page 1, under Director’s Report, 3rd sentence, it should read “She said there will be no complaints to be heard next month.”
On page 1, under Director’s Report, last sentence, it should read “Ms. Youngerman informed the Commission that in February, Equity Residential dropped the utility charges at Riverview, effective as of March 1st.”
On page 5, 2nd paragraph starting with Mr. Guerrero, 3rd sentence, change the word “tell” to “told”.
On page 6, 4th paragraph, 1st sentence, it should read “Ms. Youngerman said in February 2005, the tenants moved out of the bedrooms on the third floor.”
On page 7, 2nd paragraph, 1st sentence, change the words “surpassing the truth” to “above the standards”.
On page 9, 3rd paragraph, 5th sentence, the word “skil saw” to “Skillsaw”.
On page 12, under #5, change the word “TAHE” to “The”.
On page 16, under #5, the word “COMMIMGLED” should be changed to “COMINGLED”.
On page 16, under #9, the word “THROIUGH” should be changed to “THROUGH”.
On page 17, under MOTION TO ADJOURN, change “MR. GEAKE SECONDED” to “MS. GEAKE SECONDED”.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
DIRECTOR’S REPORT
Ms. Youngerman said they didn’t have a meeting in April. There were a high number of intakes in March, and April was an average month. The total number of intakes for both months was 130. They took in 3 complaints for March/April, and 3 additional complaints for this week. The intakes seem to involve security deposit questions and eviction issues.
She said that Ms. Marissa Lilliedahl, a Commissioner since last summer, has resigned her position. She has taken on a new job and has a conflict with the Board meetings. There are two openings now for alternates, and the Mayor has been advised.
She said that Ms. Nilsa Martinez is graduating from Gibbs College on May 12, 2006. There will be a luncheon after the graduation ceremony.
She also said that Ms. Monique Cipriano, the intern who is now starting to work on some Fair Rent issues, is graduating from UB this weekend with a Master’s Degree.
She mentioned that Mr. Patterson is on leave for a few weeks, and is expected to back at the end of the month.
Ms. Youngerman explained that the issue of housing for people with physical disabilities, mental disabilities, and AIDS has come up recently several times, and they are seeing more and more people that can’t be placed anywhere, or even referred.
She gave an update on the lead paint issue. There is a bill in the legislature to decrease the lead level. The level is 20 in Norwalk. If the bill passes, 15 would be the standard. Stamford and Milford have the lowest levels. This would bring the rest of the State into conformance.
She thanked Ms. Borges-Lopez for her help with the cases involving SNEW and utility shut-offs. The local electrical companies don’t have to comply with DPUC. SNEW will now have to give tenants notice if they are going to shut off the utilities supplied by landlords.
Chairman Booth said that in Ms. Youngerman’s report, under Other, it mentioned
that Ms. Martinez had gone to Diageo to distribute pamphlets and assist Ms.
Youngerman with the outreach effort there. He suggested that a letter be placed
in Ms. Martinez’s file stating that she had done this.
DISCUSSION/ACTION ON SANCTIONS FOR CASE #1549-05
Ms. Youngerman said that Mr. Cook and Ms. Renzulli, the landlords, were present regarding this case that involved Ms. Kinch, their tenant. She provided a 2 page summary for the Commissioners. She outlined the facts of the case, and then gave Mr. Cook an opportunity to speak.
There was a hearing, and there were repairs ordered as part of the decision.
When the repairs were complete, the rent was to be increased. The complaint
involved a rent increase as well as an additional security deposit of an additional
month. There was also an increase to the first security deposit, which was equal
to the original rent. The rent increased from $1150 to $1300. The repairs were
completed, and there is a letter in the file that the repairs took place in
March, and the rent was due April 1. She understands that Ms. Kinch has paid
the increased rent for the month of April. She did not make any payments on
the security deposit, or the additional months plus $150 for the initial increase
on the original security deposit. The total of $1450, the increase on the security
deposit, was ruled by the Commission to be spread out over a 6 month period,
which would be an additional $241.67 each month.
She said that in her list of facts, the two parts of the decision involved the
increased rent, which has been paid, and the second part was the security deposit.
She said she received a phone call from Attorney Modugno, and she asked him
to send her a formal letter. She provided the letter to the Commissioners. She
sent Ms. Kinch the agenda for this evening’s meeting. When she reached her by
phone, Ms. Kinch told Ms. Youngerman that she was not going to pay any additional
security deposit, and that she was planning to move out without any notice.
Ms. Youngerman gave this information to Attorney Modugno. She couldn’t find
any case law on the issue of Fair Rent Commission sanctions. The law is based
on the State statutes. Their code reflects everything that is a power that is
given to the Fair Rent Commission by the State enabling law. There are a few
sections that apply, namely #39-18 that the Commission can go to the Superior
Court and ask for a ruling to enforce any order. #39-20 is violations and penalties,
and has a section regarding fines. The Commission has the ability to do that.
In #39-21, even if the Fair Rent Commission acts, it doesn’t mean that a landlord
cannot take any action in court. It is deemed retaliatory if there is any eviction
or other action brought to change the status of the tenant if the tenant hasn’t
disobeyed any regulations and has complied with the wishes of the Fair Rent
Commission.
Mr. Cook said that the concerns he and Ms. Renzulli have are the retaliatory issues. As this issue is not a non-payment of rent, but rather a non-payment of other monies, he wasn’t sure how the court would see it if they were to evict her. He asked that if they had the support of the Commission behind them, would that help them in the eviction process. He mentioned that they have done everything that was asked of them, and he said that he didn’t feel Ms. Kinch has done the same. He asked if they have the right to evict her. Also, if she does move, they don’t have one month’s rent at the present rate held in security, in addition to not having security at all for its intended purpose of covering the cost of damages. He is concerned that she won’t pay May’s rent at all. His strong opinion is that Ms. Kinch will only listen to strong sanctions. He mentioned that the repairs would have been done in March had Ms. Kinch been more cooperative in letting them have access to the apartment. The rent was raised in January, and it is now April, which leaves them without three months of additional monies for the security deposit. The house is a two-family, and there is a tenant upstairs. From all accounts, it does appear that another party is living in Ms. Kinch’s apartment.
Ms. Youngerman asked Mr. Cook why he didn’t file anything in court in April when she didn’t pay the increase in the security deposit. He explained that he received the rent on April 13th, postmarked April 10th, and Ms. Youngerman said that was a problem.
Mr. Guerrero confirmed that the tenant has been there since 2004, and Mr. Cook has $1150 in the escrow account. There was discussion about some expenses that Mr. Cook has incurred, and will incur, regarding the apartment, and the $1150 in the escrow account would barely be enough to cover them. Mr. Cook said he would traditionally require two months’ rent from a tenant, but didn’t do so in this case. He said they have been very reasonable in dealing with Ms. Kinch over the time she has been a tenant, as there were some months when she wasn’t current on the rent.
Mr. Murray asked if there was anything prohibiting them from starting the eviction process at this point. Ms. Youngerman said no. Chairman Booth said that they should start by writing Ms. Kinch another letter, stating what the penalties can be, to see if that will get her to move out on her own. Mr. Cook said that they were prepared to go with Failure to Pay if they didn’t receive the rent for May on May 11th. Mr. Guerrero said she is in violation of the findings by the Fair Rent Commission.
** MR. GUERRERO MOVED TO SEND A LETTER STATING MS. KINCH IS IN VIOLATION OF
THE FAIR RENT COMMISSION’S RULING PURSUANT TO SECTION 3920, AND AS OF RECEIPT
OF THIS LETTER, MS. KINCH HAS FIVE DAYS WITHIN THE DATE OF THE LETTER TO PAY.
A FINE OF $25.00 PER DAY IS EFFECTIVE FROM 5/4-5/9; A FINE OF $50.00 PER DAY
WILL BE EFFECTIVE ON 5/10; A FINE OF $75.00 PER DAY WILL BE EFFECTIVE ON 5/11;
AND A FINE OF $100.00 PER DAY WILL BE EFFECTIVE ON 5/12, ETC., WITH EACH DAY
AFTERWARDS HAVING A NEW OCCURRENCE OF THE VIOLATION AT A RATE OF $25.00 PER
DAY.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
Ms. Youngerman said that anything the Fair Rent Commission rules on can be appealed in Superior Court.
After more discussion with Mr. Cook about the procedure of collecting money, and the potential eviction process, Ms. Youngerman said she will find out the next step if Ms. Kinch doesn’t leave or doesn’t pay.
MOTION/VOTE ON OPEN CASES, AS NECESSARY
1542-05 Barcenas, 7 Olean Street #3. Complaint filed 10/28/05.
Ms. Youngerman said the tenants moved out after the repairs were completed.
Recommend Close.
** MR. SIMMS MOVED TO CLOSE 1542-05.
** MR. MURRAY SECONDED.
** MOTION PASSED UNANIMOUSLY.
1548-05 Nunez, 33 Merwin Street #2. Complaint filed 12/22/05.
Ms. Youngerman said there were lead paint tests on the dust on the inside of the unit, as well as on the chips that were on the outside rails and stairs, and on the door going into the unit. There was a high level of lead found in the dust. There was no lead paint in the apartment, but there was evidence of lead paint in the windows and in areas where paint had chipped. The landlord has not done any repairs. It is likely the landlord will go to jail. There are two Health Inspectors involved in this case.
Recommend No Action.
1549-05 Kinch, 10 Renzulli Road. Complaint filed 12/23/05.
This case was just heard, and action was taken to send a letter to the tenant requesting payment and outlining a fine schedule.
1551-06 Lowthert, 399 Main Street (Merritt River). Complaint filed 4/04/06.
Ms. Youngerman explained that this is a base rent increase of 20%, plus additional new charges for amenities, mainly parking and storage. This is similar to the Riverview case.
Recommend Hear.
** MR. GUERRERO MOVED TO HEAR CASE #1551-06, LOWTHERT.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.
1552-06 Zuleta, 83 Lexington Avenue. Complaint filed 4/12/06.
Ms. Youngerman said that this is a large rent increase, and they did an inspection. She said this is the worst dispute she has seen between a landlord and tenant since being on the Commission. As of today, the tenant still has not paid the rent for April. The landlord filed an affidavit today. As this is a non-payment situation, they can’t accept the case.
Recommend Reject.
** MR. MURRAY MOVED TO REJECT CASE #1552-06.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
1553-06 Echavarria & Jacome, 73 Glenwood Avenue. Complaint filed 4/28/06.
Ms. Youngerman said this situation doesn’t involve a rent increase. The ground floor level has been flooded several times. The tenant filed the complaint requesting a reduction, based on the fact that she can’t use two rooms due to the flooding. She said Mr. Capuano from the Health Department has inspected the apartment, and there is evidence of flooding. Mr. Murray suggested that another inspection take place in the next few weeks so that the water has a chance to recede. Ms. Youngerman is meeting with the landlord tomorrow.
Recommend Hear.
** MR. MURRAY MOVED TO DEFER CASE #1553-06 UNTIL NEXT MONTH.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.
1554-06 Suneja, 93 Richards Avenue (Riverview). Complaint filed 5/01/06.
Ms. Youngerman said this tenant has a relatively small rent increase, but with
a proposed large storage fee, the total rent increase would be $120.
This is similar to a previous case in which fees were imposed for a service
that was free in the past.
Recommend Hear.
** MR. GUERRERO MOVED TO HEAR CASE #1554-06.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED WITH ONE OPPOSED (MURRAY).
1555-06 Gaby, 1 Elmcrest Terrace #9. Complaint filed 5/02/06.
Ms. Youngerman said the tenant had a major problem in the apartment, called the Health Department, and went to court 8 months ago. The rent increase was $35.00, and the rent is between $800-$900. The other tenants in the building did not receive rent increases, or received smaller increases, for apartments that were larger than hers. It appears to be a retaliation issue. One of the factors the Fair Rent Commission can consider is rent for similar units in the same building.
Recommend Hear.
** MR. SIMMS MOVED TO HEAR CASE #1555-06.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.
Ms. Youngerman added that as she had just received cases #1555-06 and #1556-06 yesterday, she did not send a letter to the landlord yet.
1556-06 DePino, 399 Main Avenue, #505. Complaint filed 5/02/06.
Ms. Youngerman said this is a rent increase of over 20%, plus increases in amenities fees, which include $400.00 for the swimming pool and the gym, parking fees per month per car, and storage fees.
The Commissioners decided to combine cases #1551-06 and #1556-06.
** MR. MURRAY MOVED TO HEAR CASE #1556-06.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.
** MR. MURRAY MOVED TO COMBINE CASE #1556-06 WITH CASE #1551-06.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.
FAIR RENT COMMISSION DINNER
This was discussed in the Chairman’s Report.
MOTION TO ADJOURN
** MR. BERNARD MOVED TO ADJOURN.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 9:10 p.m.
Respectfully submitted,
Carolyn Marr
Telesco Secretarial Services
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