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FAIR
RENT COMMISSION
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SEPTEMBER 6, 2006
ATTENDANCE: Richard Booth, Chairman; Maria Borges Lopez; Stacy Parrigin;
Andrew Mattiello; Martin Bernard, Vice Chairman; Patricia Genuario;
John Church (7:25 p.m.); Mary Geake
STAFF: Elisabeth Youngerman
OTHER: Mr. Pedro Freire; Mr. Honorio Velez
CALL TO ORDER
Vice Chairman Bernard called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES OF PREVIOUS MEETING – JULY 2006
** MS. GENUARIO MOVED TO APPROVE THE MINUTES OF JULY 2006 AS PROVIDED AND AMENDED BY MS. YOUNGERMAN.
The corrections to the minutes of July 2006 are recorded on the copies that Ms. Youngerman provided. In addition, the other corrections are noted as follows:
On page 1, under ATTENDANCE, delete “Mike Geake”.
On page 2, under MOTION/VOTE ON OPEN CASES, AS NECESSARY, at the bottom of the page, under 1555-06, and 1556-06, change the word “field” to “filed”.
On page 6, 6th paragraph, 4th sentence, change “Ms. Borge-Lopez” to “Ms. Borges-Lopez”.
** MS. BORGES-LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT
Chairman Booth said that their last case was challenged in court. He welcomed Ms. Stacy Parragin as the newest Commissioner to the Fair Rent Commission. He read a letter from the Norwalk Senior Center thanking Ms. Youngerman for donating her time and expertise to the Seniors there.
Mr. Church arrived at 7:25 p.m.
DIRECTOR’S REPORT
Ms. Youngerman read from her written report. She said the summer months were
the busiest since she’s been here. There were many eviction intake cases, as
well as utility shut off cases. There were 5 new Fair Rent complaints filed.
She welcomed Ms. Parrigin.
SCHEDULED HEARING AT 7:30 P.M. CASE #1560-06 (5 YORKSHIRE ROAD)
Chairman Booth called the hearing to order at 7:31 p.m. He explained the procedure for the hearing, which is Case #1560-06, Tenants Pedro & Sue Freire, vs. Landlord Honorio Velez. There was no attorney present. Chairman Booth then swore in Mr. Freire, Mr. Velez and Ms. Youngerman. Ms. Youngerman read the list of documents regarding the case. She said that Mr. Patterson was not able to attend the meeting this evening. He had conducted the inspection on Friday, and Ms. Youngerman said she was prepared to discuss the inspection report this evening if necessary.
Mr. Freire said that Mr. Velez sent him the letter regarding the rent increase, and Mr. Freire said he didn’t think it was fair or reasonable. He said that it takes a long time to fix anything that’s broken. The stove has been broken for 3 months. The water problem is the result of leaking water through the roof.
Mr. Velez said that each time he received a complaint from Mr. Freire, he fixed it right away. Mr. Velez said the water report came back clean, and that it was okay to drink. Mr. Velez said he paid for all the repairs and he fixed everything.
Mr. Velez said the lease was due to expire, and he said he notified Mr. Freire several months ago. He said that Mr. Freire signed a paper agreeing to move out in June. Mr. Velez enrolled his children in the Norwalk School system. He said that Mr. Freire didn’t move out. He said he didn’t care about the rent. He cared about sending his children to Norwalk Schools, not Stamford, where he currently lives.
Mr. Freire said he reported the water problem in July, but it wasn’t fixed until October.
Ms. Genuario said that Mr. Freire stated to Mr. Velez in March that he planned to move out of the home on July 31, 2006. She asked him why he didn’t move out. Mr. Freire said he couldn’t find anywhere to live. Ms. Genuario clarified for Mr. Freire that he came to the Fair Rent Commission to file a complaint of the rent increase from $1800 to $2100.
Mr. Church asked Mr. Freire how long he had been looking for a house. Mr. Freire responded that he started looking for a house in April.
Mr. Mattiello didn’t have any questions.
Mr. Bernard reviewed the items on the Health Department Report with Mr. Velez.
Mr. Velez said that 95% of the repairs cited in the report have been made.
Ms. Borges-Lopez clarified with Mr. Freire that he stated to Mr. Velez that
he would be moving out July 31, 2006 and that he is actively looking for a house,
not an apartment. She asked him what the challenges are for him to rent an apartment,
as opposed to buying or renting a house, i.e. price, size, location, etc. He
replied that it was the location. He clarified for Ms. Borges-Lopez that he,
his wife, and his son live in the house now.
Ms. Borges-Lopez confirmed the monthly mortgage figure of $3,485.95 with Mr. Velez, and when she asked him for the breakdown on the numbers of what the principal and interest would be, he was not able to provide it.
Ms. Parrigin asked Mr. Freire about the letter he signed agreeing to move out. In response to Ms. Parrigin’s question, he said that he had never expressed in writing to Mr. Velez that he would stay in the house until he could find another place to live. He said that he did not have a written agreement with Mr. Velez to stay in the house.
Chairman Booth said to Mr. Velez that the house appeared to be well built. The new addition doesn’t look like the same quality of the existing house. Mr. Velez said that the house is part of an old estate, on a private road, and he paid for the paving himself. Landscaping work is done two times a month.
Ms. Genuario asked Mr. Freire if he was in agreement that Mr. Velez has taken care of all the items on the Health Department list. Mr. Freire said he thought that the baseboard radiator needed to be repaired.
Chairman Booth asked Mr. Velez if he had received any written requests or repairs during the past year. Mr. Velez said no. Chairman Booth asked Mr. Velez if he was aware that Mr. Freire was going to contact the Health Department and the Fair Rent Commission. Mr. Velez said no. Chairman Booth said that there is a separate thermostat in the basement. Mr. Velez couldn’t answer Chairman Booth’s question about the temperature setting for the thermostat. Chairman Booth needed to know, as Mr. Velez agreed to and was responsible for performing routine maintenance, including cleaning the mold problem in the basement.
Ms. Youngerman clarified for Chairman Booth that normal maintenance included the interior only.
Chairman Booth noted that Mr. Velez is paying for a security system, and he and Mr. Velez then discussed the Culligan Water Treatment plan and service. Mr. Velez said Culligan replaces the filters every month and checks the water quality.
Ms. Youngerman said that Mr. Patterson had noted in his report, conducted Friday, that the foundation and the exterior of the house had been power washed and the mold in the basement had been removed by painting it. The tarp on the roof had not been taken off. Mr. Velez said that he had someone at the house this evening doing some work. Ms. Youngerman said that it was noted in the report that there was a leak under the kitchen sink, and the gutters had not been cleaned. The report also noted standing septic system water in the yard. Mr. Velez said that the standing water was a result of heavy rain for 3 days, and the property is 1.5 acres. Mr. Velez said he returned to the property and he didn’t notice it. Ms. Youngerman reminded him that the report was conducted on Friday afternoon. Ms. Youngerman said that she had pictures of the basement, and she asked him if it is supposedly not ever used, could it have previously been an apartment. Mr. Velez replied no, that there had been a family living there with several family members, and he installed a door at the Freires’ request.
Ms. Youngerman asked Mr. Freire if he had noticed the water in the basement, or the mold, when he moved in. Mr. Freire said no. When asked if he used the basement at all, Mr. Freire said no. Mr. Velez said that he pays for an alarm system. Mr. Freire said that he doesn’t use it.
Ms. Youngerman and Mr. Velez again reviewed the timing regarding when Mr. Velez
purchased the house, when Mr. Freire moved in, the term of the lease and when
Mr. Velez planned to move in to have his children attend Norwalk schools. Ms.
Youngerman reminded Mr. Velez that under Connecticut State law, when a lease
expires, the landlord can give a notice to quit, and go to court, and evict
the tenants. She asked Mr. Velez why he didn’t send a notice to quit stating
Lapse of Time. She said that when the Fair Rent Commission received the Complainant’s
letter, it stated that the lease was going month to month with a rent increase.
Mr. Velez said that he has been talking to Mr. Freire since March about leaving,
and when Mr. Velez felt that Mr. Freire was not making a valid attempt to leave,
Mr. Velez raised the rent to make up for him not leaving, and for the fact that
Mr. Velez is paying for his children to attend private school.
Chairman Booth concluded with the following clarification of dates:
On March 31, confirmed in a letter of April 5, Mr. Freire was asked by Mr. Velez if he could move out by May 31. Mr. Freire said yes. Mr. Freire confirmed that in a letter dated March 27, 2006, he was advised his lease would not be renewed, and that the exit inspection would be done on Sunday, July 2, 2006. Mr. Freire confirmed for Chairman Booth that his occupancy under the lease ended on July 1, 2006. Chairman Booth asked Mr. Freire if he was aware that under Section 20 of the lease he was responsible for normal maintenance and repair. And under Section 27, in Section 10, Chairman Booth reviewed some points for Mr. Freire.
MOTION/VOTE ON OPEN CASES, AS NECESSARY
1548-05 Nunez, 33 Merwin Street #2. Complaint filed 12/22/05.
Recommend Close.
Ms. Youngerman said this case has been open since the hearing last winter. Most of the repairs were not made. The tenants have now moved out.
** MR. BERNARD MOVED TO CLOSE CASE #1548-05.
** MS. GENUARIO SECONDED.
** MOTION PASSED UNANIMOUSLY.
1555-06 Gaby, 1 Elmcrest Terrace #9. Complaint field 5/02/06.
Recommend No Action.
Ms. Youngerman said this is the case Chairman Booth referred to earlier in
the meeting. The appeal period has expired, and the case was appealed to Superior
Court. Corporation Counsel is now working on it. The Fair Rent Commission hearing
was held in July over a $35.00 rent increase. The issue is if the apartment
is being charged a higher rent increase than other units in the building, and
whether the Fair Rent Commission abused its discretion in approving the rent
increase. The landlords and MJB Realty were sued as well, so both the city and
the landlord will be filing briefs. Ms. Youngerman said that they have the transcripts
of the hearing in her office, and she welcomed anyone to come read them.
1560-06` Freire, 5 Yorkshire Road. Complaint filed 7/14/06.
Hearing Scheduled 9/6/06.
1561-06 Valenzuela, 15 Burritt Avenue. Complaint filed 7/19/06.
FRC votes to hear 8/06.
Ms. Youngerman said that this was not a rent increase. Fair
Rent Staff originally referred the tenants to the Norwalk Health Department.
Repairs were not made, and as a result, a Complaint was filed.
1562-06 Concannon, 6 Silvermine Avenue Apt. 11. Complaint filed 7/31/06.
FRC votes to hear 8/06.
Ms. Youngerman said this involves a rent increase of over $100.00 and a protected tenant, over age 62.
1563-06 Sanchez, 21 Leuvine Street. Complaint filed 8/16/06.
Recommend Open.
1564-06 Richmond, 19 Quintard Avenue. Complaint filed 9/06/06.
Recommend Open.
1565-06 Avalos, 19 Quintard Avenue, #2. Complaint filed 9/06/06.
Recommend Open.
** MS. GENUARIO MOVED TO OPEN CASE #1563-06, #1564-06, AND #1565-06.
** MR. CHURCH SECONDED.
** MOTION PASSED UNANIMOUSLY.
DELIBERATIONS AND DECISIONS ON HEARING CASE
Freire, #1560-06.
Mr. Bernard read the standards. Standards A, B, C, D, E, F, G, H, I, and L are relevant. Standard J, utilities, and Standard M, regarding the investment of rental charge increases in repairs, were not relevant.
The findings are as follows:
Findings:
Freire
1. The property at 5 Yorkshire Road is a single family, three-bedroom ranch home with a finished basement and enclosed porch. It is located on a private road. The Respondent stated that the property was over an acre in size.
2. Respondent stated that the original lease with the Complainant was a one-year lease term from July 1, 2005 through July 1, 2006 for $1,800 per month.
3. Respondent presented correspondence marked as Exhibit 14 D. This Exhibit is a March 27, 2006 letter from Respondent to Complainant stating that the lease would not be renewed after July 1, 2006.
4. Respondent presented correspondence marked as Exhibit 14 E. This Exhibit is an April 5, 2006 letter from Respondent to Complainant referring to a conversation of March 31 between the parties where the Complainant stated that he would move out by May 31, 2006 with an inspection on June 1, 2006.
5. Exhibit 1A, presented by Complainant, is a letter from Respondent dated June 21, 2006 to Complainant stating that following the expiration of the lease in the beginning of July, the rent would be adjusted to $2100 per month beginning in August.
6. Respondent stated that he wished to move into the house located at 5 Yorkshire Road before the start of the 2006-07 school year so that his children could attend school in Norwalk.
7. The rent of $2,100 per month, reflecting the $300 rent increase requested in August, is a similar rent and in the range of rents for properties in the area of 5 Yorkshire Road.
8. The potable water problem that was raised by Complainant has been taken care of at the Respondent’s expense and is maintained on a regular basis.
9. The Fair Rent Commission Field Investigator noted in his report that there was standing water in the back yard of the property. The Norwalk Health Department did not note this condition in the report. The Respondent claimed that the problem with standing water was related to heavy rains.
10. Respondent stated that all violations from the Norwalk Health Department had been addressed.
11. Respondent stated that any additional necessary repairs would be taken care of in a timely manner.
12. Respondent stated that the rental income does not support his expenses.
13. Complainant stated that he has not used or maintained the basement.
Decisions:
1. All repairs cited in the Norwalk Health Department and Fair Rent Inspection Reports shall be completed by the Respondent and a final inspection of the property by the Fair Rent Department shall be completed by no later than September 30, 2006.
2. The rent increase to $2100 per month shall be effective as of August 1, 2006.
** MR. BERNARD MOVED TO APPROVE THE ABOVE FINDINGS AND DECISIONS FOR CASE #1560-06, FREIRE, AS STATED.
** MR. CHURCH SECONDED.
** MOTION PASSED UNANIMOUSLY.
** MR. BERNARD MOVED TO APPROVE THAT THE CHAIRMAN BE AUTHORIZED TO SIGN THE FINDINGS AND THE DECISIONS OF THE FAIR RENT COMMISSION IF IT IS FITTING WITH THE GENERAL CONSENSUS OF THE OPINION OF THE COMMISSIONERS.
** MS. BORGES LOPEZ SECONDED.
** MOTION PASSED UNANIMOUSLY.
Ms. Youngerman mentioned that she sent a memo to Chairman Booth and Mayor Moccia
about presenting a general information program for condominium owners in Norwalk.
She said she receives at least one call per week from condominium owners who
don’t know or understand their rights or roles. She said she was approached
by a group called the Stamford/Norwalk Condominium Owners Association to see
if the Fair Rent Commission would put on a session for the condo owners. She
said there is a booklet in her office that she provides to condo owners when
they come in. She said Corporation Counsel has said that they don’t want the
Fair Rent Commission to put on the session, that it is not within the purview
of the Fair Rent Commission. Chairman Booth said he would like to report back
to Corporation Counsel that the Fair Rent Commission has worked with condo owners,
landlords, and condo associations regularly and they could only learn if they
participated in the event. Ms. Youngerman suggested that they track the calls/
visits for three months.
MOTION TO ADJOURN
** MR. BERNARD MOVED TO ADJOURN.
** MS. GENUARIO SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Carolyn Marr
Telesco Secretarial Services
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