FEBRUARY 1, 2006

ATTENDANCE: Richard A. Booth, Chairman; Martin L. Bernard, Vice Chairman; Mary Geake; Maria Borges-Lopez; Patricia Genuario; Michael Murray; John Church; Ben Guerrero; Wendell P. Simms.

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

OTHERS: William Cook; Claudette Renzulli; Kathleen Kinch.

CALL TO ORDER

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

1. APPROVAL OF MINUTES OF PREVIOUS MEETING – JANUARY 2006

Page 2, last paragraph, 1st sentence: change to read, “Ms. Youngerman stated that during
December…”
Page 3, top paragraph, 1st sentence: change the word “a” to “an”
Page 3, Case #1535-05 Olbrys: change to read, “Memo from Corporation Counsel received.
Discussion by…”
Page 4, Case #1539-05 Jeffreys, 1st sentence: change to read, “Rent to be placed in escrow.”
Page 4, Case #1540-05 Wallace, 2nd sentence: change to read, “Relocation benefits for Tenants
being investigated.”
Page 5, New Cases, Case #1548-05 Nunez: change to read, “Poor condition and possible lead
paint…”
Page 6, Public Hearing, Case #1532-05, 2nd paragraph, 1st sentence: insert “Apartments” after
“Riverview”
Page 7, Public Hearing, Case #1532-05, 1st paragraph after #18 beginning with “Ms.
Youngerman:” insert “renewal” after “lease” and “taken by both parties” after
“photographs.”
Page 7, Public Hearing, Case #1532-05, last paragraph, 8th line: insert “deducted” in front of “the
amount from the rent.”
Page 9, 4th paragraph, 3rd sentence: insert “believes that” after “Riverview Equity”
Page 9, last paragraph, 2nd sentence: insert “planned” before “for the windows.”
Page 10, 4th paragraph, 6th line, change “stated” to “state”
Page 11, top paragraph, 2nd line: change to read, “This is to make sure…”
Page 11, 5th paragraph, 6th line: change to read, “…it is in the process of becoming a
condominium.”
Page 11, 5th paragraph, 8th line: insert “existing rentals” after “rental and”
Page 11, last paragraph, 3rd sentence: change to read, “A building’s meter simply reflects the
entire property’s usage.”
Page 12, top paragraph, 1st sentence: change to read, “Ms. Youngerman recapped the various
emails sent out with the Corporation Counsel’s opinions and….”
Page 12, 6th paragraph, 2nd sentence: delete “that regrettably” after “Attorney Zumph stated”
Page 12, 7th paragraph, 1st sentence: change to read, “Attorney Zumph stated that in the Avalon
Bay case,…”
Page 12, 8th paragraph, 2nd sentence: change to read, “Attorney Suib stated that, while what
Equity is proposing…”
Page 13, 9th paragraph, 1st sentence: insert “of the” after “Section 16”
Page 16, Decision, #1: change to read, “That the Complainant continues…”

** MS. GENUARIO MOVED TO ACCEPT THE MINUTES OF THE JANUARY 4TH, 2006 MEETING AS AMENDED.
** MS. GEAKE SECONDED.
** MOTION PASSED UNANIMOUSLY.

5. SCHEDULED HEARING AT 7:30 P.M. CASE #1549-05 (10 RENZULLI ROAD, 1ST FLOOR)

Commissioner Booth opened the hearing at 7:35 p.m.

Commissioner Booth introduced the Commissioners and staff. He stated that the hearing would be taped. Commissioner Booth explained the hearing procedure for the participants. In attendance were Ms. Kathleen Kinch, tenant of 10 Renzulli Road, Norwalk, Mr. William Cook, 9 Renzulli Road, Norwalk and Ms. Claudette Renzulli, 3 Renzulli Road, Norwalk; landlords of 10 Renzulli Road; Mr. Lawrence Patterson, Field Representative, City of Norwalk Fair Rent Commission and Ms. Elisabeth Youngerman, Director of Human Relations and Fair Rent. The participants were sworn in by Commissioner Booth.

Ms. Youngerman read the exhibit items into the record.

Commissioner Booth asked Ms. Kinch if she would like to add to what she had stated in the complaint. Ms. Kinch stated she had budgeted for a $50 per month rent increase because that was what it had been in the previous year. She thought it was unfair finding out on December 19th that as of January 1st she would have to come up with an additional amount of money going forward. She said she currently worked two jobs and it was impossible for her to meet that amount of rent payment each month.

Mr. Cook asked if he was supposed to respond. Commissioner Booth directed Mr. Cook to respond only to what Ms. Kinch had just said. Mr. Cook said as far as Ms. Kinch’s statements go, he had had the lease prepared earlier and he and Ms. Renzulli were waiting for Ms. Kinch to pay the rent, and December 19th was the day paid. At that time the lease was given to her. Mr. Cook stated the rent was late and they wanted to physically hand Ms. Kinch the lease, which they did do. He said they asked if she had any questions about it, and Ms. Kinch felt it was a very high increase. Mr. Cook said he and Ms. Renzulli told Ms. Kinch to go home and read the lease over and get back to them. The only response he had from Ms. Kinch after that was notification from the Commission. He said he tried one other time to contact Ms. Kinch. The first response they received was the notice from the Fair Rent Commission. He stated there was no opportunity to work with Ms. Kinch on the rent increase.

Commissioner Booth requested the landlords’ presentation. Mr. Cook said that in Ms. Kinch’s original complaint she indicated that her rent payments were usually made on time and he disputed that, stating that in nine out of twelve months, Ms. Kinch was late with the rent. He and Ms. Renzulli sent a Notice to Quit to Ms. Kinch because she was late with the January 2005 payment. They sent the Notice to Quit because Ms. Kinch was two months behind, and it wasn’t until she received the Notice to Quit that she paid the rent. Mr. Cook said they never charged her any late fees for the first three months and they didn’t charge her for the Notice to Quit, the attorney’s fees or sheriff fees. He felt this showed a willingness to work with Ms. Kinch.

Mr. Cook said they just wanted their rent money. He said that was why they raised Ms. Kinch’s security deposit to two months rent instead of just one. He said that he was aware that under the law he could ask for two months rent and he felt they had sufficient reason to ask for that amount. Mr. Cook said that, as far as the rent increase itself, his heating bills have gone up, and since utilities are included in the lease, his utility bills have increased over 60% from what he paid last year. Electric has gone up 20%. He pointed out to the Commission that, if they view Exhibit 18, they will see a photo of the window open. He said he finds it unconscionable that, with the cost of utilities going up, there would be an open window and then the tenant asks why the rent is going up.

Mr. Cook said his income statement shows that he and Ms. Renzulli aren’t making much money on this building and if they were to take the money they could probably get for selling the house and put it in the bank at 4%, they would make twice as much money. He said the house was not a great income producer, but it was a house that has been in their family and which they really want to keep in the family. It is on a street they both live on. Mr. Cook said they keep the house up and want to do more things to it. They didn’t do much to it in 2005, but in 2004 they added three new garage doors and new outside doors, and in the year before that they put in a new furnace. With everything costing so much they didn’t really have the money to do much, but now there isn’t even any money for capital expenses going forward. He said the house is an inheritance and there is no mortgage on it, but that if there was and they tried to sell it, it isn’t going to make any money. Mr. Cook said if he added a mortgage to his expense sheet it would be in the red. He and Ms. Renzulli think that what they have asked the tenant to pay is very fair and that it was basically driven by what the utilities have been costing. He said it was nothing personal.

Commissioner Booth asked if Ms. Kinch had anything to say in response to Mr. Cook’s statements. Ms. Kinch said that she did pay the late fees for those three months and has proof at home; she didn’t know she had to bring it with her today. She said that when she has paid late, she has also paid an additional fifty dollars every month for being late. Because of her job she wasn’t able to get to the bank. It was a job where she couldn’t take a lunch break, and sometimes she would just have to write them a check. She thought it was okay if she paid late, as long as she paid the late fee.

Commissioner Murray said he was confused about the fees for Modugno & Modugno. He asked if the December 28, 2005 Notice to Quit was a new one. Mr. Cook said the notice was sent by the attorney. This one was very late; he didn’t bill them until the end of the year, so the December 28 date was the date of the bill, not the date of the Notice to Quit. The actual date of the Notice to Quit is the date he shows on his paperwork, March 23, 2005.

Commissioner Church asked what the rent was for the second floor apartment in the house, and was it comparable with other units on the street? Mr. Cook said the tenant in the upstairs unit pays $950 per month. The unit is much smaller, there is no washer/dryer and it is not as nice of a unit as Ms. Kinch’s. He and Ms. Renzulli said the tenant has been there for ten years, and his lease comes due February 1st. Mr. Cook said they were planning to raise the rent for this unit too but wanted to settle this case first. He said that the second unit was also utilities included, which was something he and Ms. Renzulli would like to change but it was expensive to do so. Commissioner Church asked if they owned any other properties or units. Mr. Cook said he and Ms. Renzulli owned one other single-family, 3 bedroom house on the same street.

Commissioner Guerrero said he couldn’t help but notice that the street also has the same last name as Ms. Renzulli and asked if the whole street has been in the family. Ms. Renzulli said the Renzulli family extends back to the 1800’s and used to own the entire street from the Westport end to the Norwalk end. She said the original farmhouse is still on the street and the entire street used to be farm area; people would come there to get vegetables and have picnics. She said when her grandfather got older, he built houses in the area. Commissioner Guerrero asked if these two buildings are what their company maintains. Mr. Cook explained that Jerry Renzulli was their great-uncle who died and left some of the properties to some of the relatives. Commissioner Guerrero confirmed with Mr. Cook that he and Ms. Renzulli were managing the upstairs, downstairs, and the single-family house.

Commissioner Guerrero indicated Exhibit 14, the income statement. He said he sees by the income statement there was $250 in late fees at $50 per month. Mr. Cook said Ms. Kinch paid five months’ late fees. Commissioner Church asked if this was the arrangement they all had. Mr. Cook said a late fee was stated in the lease for being late with the rent payments. Commissioner Guerrero asked if this was a private road and Mr. Cook said yes.

Commissioner Simms asked Mr. Cook if there had been any discussion with the tenant about the utility charge, in light of how high the electricity has been. He asked if there was a difficulty in having separate meters there, and whether the costs could be passed along to the tenant. Mr. Cook said that there was only one furnace and only one meter, so they can’t divide by two or anything like that by law. He said they would love to be able to afford to put two meters in, because last year they paid $3600 in oil and electricity bills.

Commissioner Bernard asked if the Norwalk Health Department issues had been taken care of. Mr. Cook said he has done everything that was asked of them except for what the electrician had to take care of. The electrician was coming out on Friday to put in GFI’s in the bathroom and kitchen, a ceiling fan/light combo in the bathroom to take care of the mildew problem, and change kitchen lights from pull chains to light switches. Mr. Cook said that smoke detectors had been put in and the exterior problems taken care of.

Commissioner Geake asked about the gate key access to the road. She asked if it was ever closed, and if so, does the tenant have a key? Mr. Cook said they didn’t want anyone to come through so they put a gate up, and four hours after the gate was put up someone broke it. He said they had video of the person breaking the gate which they gave to the police, who found the person, but the gate has been broken ever since.

Commissioner Booth asked about items stored in the basement. Mr. Cook said the items belonged to both tenants, and the only things that belonged to the landlords was a file cabinet under the stairs. Commissioner Booth asked if the tenants used the basement. Mr. Cook said they use it for storage and Ms. Kinch has direct access to it. Ms. Renzulli said that the furnace had some kind of release which wasn’t operating correctly so they called a repairman to come out and replace that particular piece.

Commissioner Genuario said that the landlords stated earlier they had had no opportunity to talk with the tenant regarding the rent increase; that she had received the landlords’ letter and the new lease. Mr. Cook said that following their giving the tenant the new lease, they received the Fair Rent Commission’s notice and then when they were doing the repairs on Saturday there was some discussion. Mr. Cook said he sees two things going on. One is the increase in rent and the other is the security deposit based on the tenant’s history. He said the tenant says that is something she just doesn’t have. He said they have told the tenant they were willing to take the security over a two-month period if that was what the tenant needed to do. Mr. Cook said the tenant told them on Saturday that she could pay $1200, which he didn’t think was close to covering what their expenses and increases have been.

Commissioner Genuario asked if they were willing to take several months in order to get the security deposit up to $2,600? Ms. Renzulli said, not several months, but a couple of months. Commissioner Genuario asked if they were willing to negotiate the rent increase. Mr. Cook said they would like $1300 and the tenant would like the rent to stay at $1150, but they would be willing to work with her to a degree. Commissioner Genuario said she was just trying to see if there was any leeway. She was not asking them to give her a figure but to see if they were willing to work with the tenant and the Commission if the tenant has been a good tenant. She understands there have been check problems and late payment problems which basically have been handled between the landlords and the tenant until this incident. But she wanted to know if they would be willing to negotiate.

There was some discussion between Ms. Renzulli, Mr. Cook and Commissioner Genuario. Ms. Kinch said she told Ms. Renzulli and Mr. Cook on December 19th at their house that she could not afford the rent increase. She said she did try to discuss the matter with them but she came to the Commission and was instructed to pay the rent as is until the Commission makes a ruling. She felt she didn’t need to discuss it any further; she was following what the Commission told her when she came to them for advice, and she is following the Commission’s instructions going forward. Ms. Kinch asked how she should pay this increase in rent if she is an hourly employee. She has to take time off to come home on Friday, and asked when she was going to be notified that an electrician was coming to the house as stated by Mr. Cook. She said she has two declawed housecats that cannot be allowed outside.

Commissioner Booth asked if there were any further questions. Commissioner Church said Ms. Kinch had three months’ worth of bounced checks and there were five months that she paid late fees for. Ms. Kinch said she paid rent for every single month that she’s lived there. Mr. Cook said he has the deposit slip from December 29th when Ms. Kinch paid them after the Notice to Quit when she was three months behind. He said Ms. Kinch gave them $1200 for January, which was $1150 for the rent and $50 because there was an increase in the rent, which went to her security deposit. He said that check bounced and was not made good until March 17th. At that time they decided to send the Notice to Quit.

Ms. Kinch paid them February, March and April on the 29th of March. Mr. Cook said she paid April in advance. Ms. Kinch said she could prove that for the next three months she paid $1200 each month. Mr. Cook said for February and March Ms. Kinch paid no late fees, but paid a late fee for May, and in November she paid two past late fees, one for August and one for October; then she paid December’s late fee when she picked up the lease. Mr. Cook said that because Ms. Kinch was distraught when she received the Notice to Quit, and he and Ms. Renzulli forgave the late fees and didn’t charge her for the Notice to Quit.

Mr. Cook said at that point he was just happy to get the rent because he and Ms. Renzulli have to answer to their relatives who told them it was a bad decision and bad business move. He was just happy to get they money and forgave the late fees. In response to Commissioner Church’s question, Mr. Cook said he also never charged the tenant for bounced check fees, but that in hindsight, maybe in the new lease he presented to her, he should have separated bounced checks from late fees. He said that when the tenant was late with the rent she would just pay the $50, but he’d rather not have the $50 and get his rent on time. Commissioner Church said, “ you’re not asking for her to pay off those fees now, right?” Mr. Cook said, they’ve never asked for that and just want to move forward.

Commissioner Murray asked that because they are talking about the late fees, was it Ms. Kinch’s position that she has paid a late fee for every time she was late with the rent? Ms. Kinch said that she had. Commissioner Murray asked Mr. Cook if he knew what his monthly increase in heating oil has been and asked if there had been a cost analysis from year to year. Mr. Cook said he knew they paid $1800 more in 2005 than in 2004 and his rate went from $1.54 to $2.58 per gallon.

Commissioner Simms asked Ms. Kinch if she had rental insurance. Ms. Kinch said she did not.

Commissioner Genuario said she was reviewing the bills from Modugno & Modugno and the court and she noticed the Notice to Quit with regard to Ms. Kinch and John Doe. Commissioner Genuario said she was confused because on the tenant complaint there is only the statement by the tenant, Ms. Kinch, that there is only one person living in the unit. Ms. Kinch said her boyfriend has his own lease in Westport and does not live with her. Commissioner Genuario asked Ms. Kinch if she had a roommate. Ms. Kinch said no, of course not. Commissioner Genuario said she was confused by two pieces of paper saying John Doe, when it is supposed to be just the tenant. Mr. Cook said that his attorney feels it is common practice that if there is somebody living there and you don’t include a John Doe then when you get into court and find out there was somebody living there, an action has to be started against that person also. He said it was a safeguard. Commissioner Genuario said she just wanted to be clear on the issue.

Commissioner Booth stated the rents in this area are unbelievable and he did not know how people are able to pay them. He said costs have gone up so much that it places a hardship on everyone, the homeowner and the tenant both.

Commissioner Booth stated he was ready to close the hearing. He thanked the parties for coming and informed them that they would be notified by mail within fifteen days from this hearing date.

Commissioner Booth called a recess at 8:15 p.m.

Commissioner Booth reconvened the meeting at 8:27 p.m.

4. COMMISSIONERS’ POTPOURRI

Mr. Booth passed around a clipping from the January 29, 2005 issue of The Hour featuring Ms. Youngerman and Ms. Martinez, and another clipping regarding the arrest of parents of five children in a recent drug bust in a local Norwalk hotel.

Ms. Youngerman announced that there is an intern, Monique Cipriano, working with the Fair Rent department.

Ms. Geake said that when she was searching for addresses to visit, she used MapQuest on the Internet, and suggested that the complaints be printed out each month to accompany the Commissioners’ information packets. Mr. Church asked, aren’t these in the minutes. Ms. Youngerman said she could do a summary sheet for them. Mr. Bernard said possibly an investigators’ report could be included.

3. DIRECTOR’S REPORT

Ms. Youngerman gave a brief overview of her report, which was distributed to the Commissioners.

She stated that there have been no complaints filed during the month of January, and that this was the first time since she’s been with the Department that this has happened. If people come to Fair Rent just with a complaint about conditions and no rent increase, they are referred to the Health Department and asked to wait before the office accepts a complaint. The reason for this is if a complaint is filed in Housing Court, a tenant would have to wait twenty days before initiating a court action. Ms Youngerman said the Department is working in tandem with the health inspectors.

Ms. Youngerman said they continue to get Section 8 cases and had several referrals this month from the Section 8 housing inspectors. In response to a Commissioner’s question about the type of problems the department has been experiencing, Ms. Youngerman responded that in the fall they had a case that involved Section 8 and they discovered that the Section 8 inspectors inspect when a tenant moves in and don’t generally go back. In that case the inspectors did not come back and conditions had gotten worse. If a tenant goes to the Housing Authority with repair problems, the inspector will refer to the Fair Rent Commission as well, and put extra pressure on the landlord to make the repairs. Ms. Youngerman said the Housing Authority now has a policy for Section 8 tenants, where, if the apartment needs to be painted, they will ask the landlord to supply the paint. The landlord has to supply it to the tenant and the landlord doesn’t have to paint under Housing Authority rules, but in the Norwalk Housing Code, the landlord has to paint. She said she received two calls from one of the Section 8 inspectors saying that there are some people who found they have to paint their apartments because it is the NHA rule, but they personally cannot do the painting. Staff wrote a letter to the landlord and to the Health Department. Ms. Youngerman said these are typical of the referrals they have been dealing with in Section 8.

2. CHAIRMAN’S REPORT

Mr. Booth stated that he felt it was time to hold election of officers. He asked Patty Genuario and Maria Borges-Lopez to be the nominating committee and indicated that a slate will be ready for the next meeting. Ms. Genuario commented that she had a slate ready to be voted on at this meeting if Mr. Booth wished to do so. Mr. Booth said he felt that they should give one month’s notice and asked that the election of new officers be added to the next month’s meeting agenda.

6. REVIEW AND DISCUSSION OF OPEN CASES INCLUDING: CASE #1535-05; CASE #1537-05; CASE #1538-05; CASE 1544-05; CASE 1545-05 (ALL PROPERTIES AT 93 RICHARDS AVE.)

7. MOTION/VOTE ON OPEN CASES, AS NECESSARY

1532-05 Esposito, 93 Richards Ave. #704. Complaint filed 10/03.

Hearing held 1/4/06. Decision made 1/11/06. Repairs completed 1/24/06. No action recommended.

1535-05 Olbrys, 93 Richards Ave. #404. Complaint filed 10/14/05.

No action recommended.
1537-05 Santosh, 93 Richards Ave. #402. Complaint filed 10/21/05.

No action recommended.

1538-05 Pozzi, 93 Richards Ave. #708. Complaint filed 10/25/05.

No action recommended on utility charge alone.

1539-05 Jeffreys, 11 Jefferson Street #A. Complaint filed 10/25/05.

Section 8 Agreement and Lease expire 3/1/06. Tenant will move. Windows fixed; partial repairs completed 1/13/06. No payment by NHA into escrow. No action was recommended but Ms. Youngerman sent a letter to the NHA, which has not been answered. Ms. Youngerman asked the Commission to send a letter to the NHA.

** MR. BERNARD MOVED THAT THE COMMISSION SEND A LETTER TO THE NHA AND NOTIFY THE NHA THAT A RESPONSE IS EXPECTED.
** MS. GENUARIO SECONDED.
** MOTION PASSED WITH ONE OPPOSED (MR. SIMMS).

1540-05 Wallace, 11 Jefferson Street #B. Complaint filed 10/25/05.

Unit declared unfit for occupancy 1/3/06. Tenant vacated 1/15/06. Recommend closing the case.

** MR. BERNARD MOVED FOR A RECOMMENDATION TO CLOSE CASE #1540-05 WALLACE, 11 JEFFERSON STREET, #B. COMPLAINT FILED 10/25/05.
** MS. GENUARIO SECONDED.
** MOTION PASSED UNANIMOUSLY.

1542-05 Barcenas, 7 Olean Street #3. Complaint filed 10/28/05.

No action recommended.

1544-05 Garcia, 93 Richards Ave. #507. Complaint filed 11/14/05.

No action recommended.

1545-05 Negash, 93 Richards Ave. #503. Complaint filed 11/16/05.

No action recommended.

1546-05 Melnikoff, 914 Foxboro Dr. Complaint filed 11/22/05.
Landlord and tenant unable to come to an agreement; tenant decides to move as of 2/1/06, paying full rent through that time. Landlord accepts. Recommend closing the case.

** MR. BERNARD MOVED FOR A RECOMMENDATION TO CLOSE CASE #1546-05 MELNIKOFF, 914 FOXBORO DRIVE. COMPLAINT FILED 11/22/05.
** MR. CHURCH SECONDED.
** MOTION PASSED UNANIMOUSLY.

1547-05 Easton, 36 Fairfield Ave. #3-B. Complaint filed 12/05/05.

Meeting with NHA 1/18/06. NHA is not treating repairs as rent and will not evict tenant. Repair issue referred to CT Legal Services. Recommend closing the case.

** MR. BERNARD MOVED FOR A RECOMMENDATION TO CLOSE CASE #1547-05 EASTON, 36 FAIRFIELD AVE. #3-B. COMPLAINT FILED 12/05/05.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.

1548-05 Nunez, 33 Merwin Street #2. Complaint filed 12/22/05.

No action recommended.

1549-05 Kinch, 10 Renzulli Road. Complaint filed 12/23/05.

Hearing scheduled for tonight. No action recommended.

1550-05 Durkin, 200 Main Street. Complaint filed 12/14/05.

No action recommended.

8. DELIBERATIONS AND DECISION ON HEARING CASES.

Commissioner Guerrero read the standards as the Commissioners agreed that Standards A through J and L and M. were relevant to this complaint.

THE FOLLOWING FINDINGS WERE DETERMINED BY THE COMMISSION:

1. COMPLAINANT BEGAN RENTING THE APARTMENT AT 10 RENZULLI ROAD IN JANUARY 2004.
2. SINCE JANUARY 2004, COMPLAINANT’S RENT WAS INCREASED BY $50 IN 2005. THE PROPOSED RENT INCREASE FOR 2006 IS $150.
3. THE MAJORITY OF THE REPAIRS CITED IN THE HEALTH DEPARTMENT AND FAIR RENT DEPARTMENT INSPECTION REPORTS HAVE BEEN ADDRESSED, WITH THE EXCEPTION OF THE ELECTRICAL REPAIRS.
4. THE RESPONDENT HAS REQUESTED AN INCREASE OF AN ADDITIONAL MONTH’S SECURITY DEPOSIT PLUS $150 MORE FOR THE CURRENT SECURITY DEPOSIT TO EQUAL THE RENT INCREASE.
5. THE COMPLAINANT IS THE ONLY OCCUPANT OF THE UNIT.
6. ALL UTILITIES ARE INCLUDED IN THE RENT.
7. RESPONDENT STATED THAT HIS BILL FOR OIL HEAT WAS $3600 IN 2005.
8. RESPONDENT STATED THAT THE COMPLAINANT OFTEN LEAVES THE WINDOWS IN THE APARTMENT OPEN.
9. THE RESPONDENT AND COMPLAINANT AGREED THAT THE TENANT HAD BEEN LATE NUMEROUS TIMES WITH THE RENT AND HAD PAID LATE FEES, BUT DISAGREED ON THE NUMBER OF TIMES THIS OCCURRED.
10. LATE FEES AND COURT FEES WERE WAIVED DURING A RESOLUTION OF AN EVICTION ACTION DURING 2005.
11. RESPONDENT SUBMITTED EVIDENCE OF CHECKS RETURNED FOR INSUFFICIENT FUNDS.
12. THE RESPONDENTS AGREED THAT THEY WOULD ACCEPT A SECURITY DEPOSIT INCREASE OVER A TWO-MONTH PERIOD.
13. THE RESPONDENTS EXPRESSED A DESIRE TO INCREASE THE SECURITY DEPOSIT DUE TO THE COMPLAINANT’S PAYMENT HISTORY.
14. THE COMPLAINANT STATED THAT SHE FINDS IT DIFFICULT TO MAKE THE RENT PAYMENTS. THE PROPOSED RENT INCREASE WOULD REPRESENT A PAYMENT OF 33 PER CENT OF COMPLAINANT’S INCOME.
15. THE INCREASED COST OF OIL IS $100 PER MONTH; ELECTRIC CHARGES HAVE INCREASED BY 20 PER CENT.

DECISION:

The Fair Rent Commission Finds:

1. THAT THE COMPLAINANT SHALL CONTINUE PAYING HER CURRENT RENT OF $1150 FOR THE MONTH OF FEBRUARY AND SHALL BE INCREASED TO $1300 FOR MARCH IF ALL OF THE REPAIRS HAVE BEEN COMPLETED.
2. THAT THE SECURITY DEPOSIT MAY BE INCREASED TO TWO MONTHS, WITH PAYMENTS FOR THE SECOND MONTH RENT AT $1300 PLUS $150 ADDITIONAL FOR THE FIRST MONTH TO BE PAID TO THE RESPONENT OVER A SIX-MONTH PERIOD BEGINNNING MARCH 1, 2006.

9. MOTION TO ADJOURN

** MR. BOOTH MOTIONED TO ADJOURN.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:42 p.m.

Respectfully submitted,

Linda J. Hayes
Telesco Secretarial Services