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FAIR
RENT COMMISSION
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NOVEMBER 1, 2006
ATTENDANCE: Richard A. Booth, Chairman; Maria Borges-Lopez,
Wendell Simms, Mary Geake, Stacy Parrigin,
Brenda Penn-Williams (7:02 p.m.); Martin Bernard (7:10
p.m.), Jeannette Jean-Pierre (7:55 p.m.)
STAFF: Elisabeth Youngerman, Director; Lawrence Patterson, Field
Representative (7:12 p.m.)
OTHERS: Mr. and Mrs. Al Richmond; Mr. and Mrs. Peter Napoleone;
Mr. and Mrs. Jaime Avalos
CALL TO ORDER
Chairman Booth called the meeting to order at 7:00 p.m.
1. APPROVAL OF THE PREVIOUS MEETING – OCTOBER 2006
Ms. Penn-Williams joined the meeting at 7:02 p.m.
** MS. BORGES-LOPEZ MOVED TO APPROVE THE MINUTES OF OCTOBER 200 AS PROVIDED AND AMENDED BY MS. YOUNGERMAN.
The corrections to the minutes of October 2006 are recorded on the copies that Ms. Youngerman provided. In addition, the following corrections were noted:
Page 2, paragraph 2, line 4: please change “tenants rent.” to “tenant’s rent.”
Page 2, paragraph 6, line 2: please change “explained that this is created” to “explained that these are created”
Page 2, paragraph 7, line 2: please change “on a night when they have no hearings” to “on a night when Fair Rent has no hearings”.
Page 3, second motion, line 1: please change “CLOSE THE SANCHY CASE” to “CLOSE THE SANCHEZ CASE”
Page 3, paragraph 4, line 2: please change “They are large” to “These are large”
Page 3, paragraph 5, line 2: please change “in enforcing overcrowded apartments” to “in enforcing laws concerning overcrowded apartments”
** MR. SIMMS SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
Mr. Bernard joined the meeting at 7:10 p.m.
2. CHAIRMAN’S REPORT
Chairman Booth introduced Ms. Penn-Williams, the newest member of the Commission. Ms. Penn-Williams works for the Board of Education. He stated he was pleased that the Commission now had a full compliment of members.
Mr. Patterson joined the meeting at 7:12 p.m.
Chairman Booth displayed a recent newspaper article about the Commission. He also read a thank you note from Ms. Allen at the Norwalk Senior Center to the Commission.
Chairman Booth displayed a copy of the Directory of Services which is written in both English and Spanish. Ms. Geake asked if there were copies available for various doctor’s offices. Ms. Youngerman said that she would give Ms. Geake some copies for distribution. Chairman Booth then stated that Ms. Youngerman and Nilsa were prime movers behind the creation of this directory.
Chairman Booth commented that the website is working well and can be used. Ms. Parrigin said that some of the members of the Commission would like to be able to read the materials in advance. Mr. Bernard explained to the other members how he was able to access and print out the materials on the website.
Chairman Booth then asked Ms. Youngerman about the upcoming budget. Ms. Youngerman gave a very brief overview and stated that she was happy that the projected budget did not include any reductions.
Chairman Booth then thanked Mr. Bernard for his contributions to the clipping file.
3. DIRECTOR’S REPORT
Ms. Youngerman reported that her office had been helping people complete Summary Process Papers for court appearances. She also noted that utility problems were now beginning to occur as the cold weather has started.
Ms. Youngerman thanked Ms. Jean-Pierre for her Spanish and Creole translation assistance during an information session for the students and staff of the Literary Volunteers program at the SONO library.
Regarding the upcoming budget, Ms. Youngerman said that the department was only allowed to list six goals. Chairman Booth expressed concerns that the budget not be split into two parts between Fair Rent and Human Relations. Ms. Youngerman assured him that this was not so.
4. SCHEDULED HEARINGS AT 7:30 P.M. – CASES #1565, 1565-06
Ms. Youngerman stated that these two cases would be heard together since both involve two apartments in the same building, have the same landlord and are very similar in nature. There was no attorney present for any of the three parties involved.
Chairman Booth called the hearing to order at 7:35 p.m. and explained the procedure
for the hearing. Chairman Booth then administered the oath to Mr. Patterson,
Ms. Youngerman, both plaintiffs: Mr. and Mr. Richmond, (Case # 1564-06) and
Mr. and Mrs. Jaime Avalos (Case #1565-06) and the defendants; Mr. and Mrs. Peter
Napoleone. Mr. and Mrs. Richmond and Mr. and Mrs. Avalos stated that they resided
at 19 Quintard Avenue and Mr. and Mrs. Napoleone stated that they resided at
16 Sheehan Avenue in Norwalk.
Let it be noted that the following comments and remarks by all speakers have
been summarized and are not necessarily verbatim.
Mr. Patterson began by reviewing the claim by the Richmonds (Case # 1564), who stated that they had lived in the apartment for 37 years. Mr. Napoleone immediately objected, stating that the Richmonds had not lived in the apartment that long. Mr. Patterson continued with his review, citing clogged gutters, which were improperly maintained. This consequently forced water underneath the shingles and into the residence. One of the upstairs bedrooms is unusable due to water damage. Mr. Patterson noted that after his assessment, Mr. Richmond had cleaned out the gutters. There was a heavy rainstorm shortly after this and no apparent additional leakage occurred. Mr. Richmond has also contributed to the upkeep of the house by mowing the grass and shoveling snow. Mr. Richmond had also maintained the interior of his apartment by performing many of the minor repairs and painting the interior.
Regarding the second case by the Avalos (Case #1565-06), Mr. Patterson stated that the Avalos had resided in the apartment for 10 years and noted that there were many maintenance issues that needed correction.
Ms. Jean-Pierre joined the hearing at 7:55 p.m.
Mr. Patterson went on to explain that Mr. Capuano from the Health Department had issued an eight page list of violations on September 28, 2006 which required the problems be fixed within a thirty day period. Mr. Patterson commented that the Health Department list included many of the same conditions that he had noted and a few that he had not.
Ms. Geake asked how many electrical meters were in the building. Mr. Patterson said that there were two, one for each of the tenants, but no meter for the common areas.
Chairman Booth asked Mr. Napoleone what his ultimate intentions were. Mr. Napoleone replied that if the repairs cost a lot of money, he would be forced to sell the building. If he were allowed to make the repairs over time, he would keep the building. Mr. Booth stated that Mr., Napoleone would be required to keep the building up to the standards of both the City of Norwalk and the State of Connecticut.
When asked if Mr. Richmond had anything to add to Mr. Patterson’s report, Mr. Richmond said that whenever he called the landlord about repairs, Mr. Napoleone states that he will have to raise the rent. Mr. Richmond reiterated that he cuts the grass and shovels the snow.
The Avalos were then asked if they had anything additional to add to Mr. Patterson’s report. Mrs. Avalos replied that everything was in the report.
Mr. Napoleone stated that he had originally rented the unit to Mr. Richmond’s sister and that he had not been notified when the sister moved out. He stated that he had owned the building since 1968 and believes that Mr. Richmond’s sister moved out sometime between 1974 and 1975. He also commented that he had not raised the rent in 8 or 9 years.
Mr. Booth stated that the problem was the house was not up to code.
Mr. Bernard asked Mr. Richmond if he had been making regular repairs on his unit. Mr. Richmond replied that he had. Mr. Bernard asked if Mr. Richmond had been paid for the repairs. Mr. Richmond replied that sometimes he had.
Ms. Jean-Pierre had questions about the lease. Mr. Napoleone stated that Mr. Richmond’s sister had a lease, but Mr. Richmond did not. Mr. Richmond stated that he had originally signed a five year lease with Mr. Napoleone, but that it had never been renewed.
Ms. Parrigin asked Mr. Napoleone why he had raised the rent. Mr. Napoleone stated that rising costs had forced him to do so. Ms. Parrigin then asked if Mr. Napoleone had filed an Income/Expense statement. Mr. Napoleone stated that he had not. When Ms. Parrigin asked about the difference in rents between the two units, Mr. Napoleone admitted that Mr. Richmond had done some of the maintenance for the building.
There were several questions about the various repairs that were needed, what the cost would be and how long it would take to have repairs made. Mr. Napoleone stated that if the repairs were too costly, he would sell the building as is.
When it was pointed out that the building had windows that were 100 years old and no storm windows, Mr. Napoleone reiterated that if he could not borrow the money to fix the building, he would sell it. When asked about the original purchase of the house in 1968, Mr. Napoleone stated that he had purchased it with his father and brother. Now he was the sole owner, and he had refinanced it three or four times. Mr. Napoleone also stated that Mr. Richmond and Mr. Avalos had approached him at different times about purchasing their units. There was also a discussion about the income from the rents and Mr. Napoleone’s monthly mortgage payment.
Ms. Youngerman asked Mr. Napoleone if the repairs required by the Health Department had been completed by October 18th. Mr. Napoleone replied that they had not. She then asked if Mr. Napoleone had met with Mr. Capuano from the Health Department. Mr. Napoleone replied that he had not.
Mr. Patterson commented that he had noticed that the hardwood floors in Mr. Richmond’s apartment had been refinished. He then asked who had paid for that work. Mr. Richmond said that his sister had paid for it.
Ms. Penn-Williams expressed strong concerns about the lack of a common area meter. Mr. Napoleone stated that he had contacted an electrician about this.
There was a brief discussion about the market value of comparable units in the area. Mr. Patterson asked for clarification on the outside work that Mr. Richmond performed. Mr. Richmond explained that it was only cutting the grass and shoveling snow. Mr. Patterson asked about the gutters and Mr. Richmond said that some workmen had been sent, but that they had not done a very good job.
Seeing that there were no further questions, Mr. Booth closed the hearing at 8:40 p.m. and thanked everyone for their attendance.
5. MOTION/VOTE ON OPEN CASES AS NECESSARY
1555-06 - Gaby – 1 Elmcrest Terrace #9. Complaint filed 05/02/06.
No Action at this time.
1560-06 Freire – 5 Yorkshire Road, complaint filed 7/14/06.
Tenant vacated on 10/31/06. Recommend Close.
** MR. BERNARD MOVED TO CLOSE CASE #1560-06 FREIRE.
** MR. SIMMS SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
1561-06 Valenzuela, 15 Burritt Avenue. Complaint filed 7/19/06.
No Action at this time.
1564-06 Richmond, 19 Quintard Avenue, Complaint filed 09/06/06.
Hearing held on 11/01/06.
1565-06 Avalos, 19 Quintard Avenue, Complaint filed 09/06/06.
Hearing held on 11/01/06.
1566-06 New Case: Nirschel, 22 Lenox Avenue, right side. Complaint
filed 10/17/06. Recommend Hearing.
** MR. BERNARD MOVED TO SCHEDULE A HEARING FOR CASE #1566-06 NIRSCHEL.
** MR. SIMMS SECONDED.
** THE MOTION PASSED UNANIMOUSLY.
6. DELIBERATIONS AND DECISIONS ON THE HEARING CASES
Ms. Youngerman stated that since Mr. Napoleone had not complied with the Health Department’s required repairs in the specified times and had not contacted them about an extension, she felt that the Health Department would be initiating court action. Ms. Parrigin commented that by repairing the windows, a fair amount of money could be saved on heating costs.
Ms. Parrigin read the standards. Standards A, B, C, D, E, F, H, I , J , K, L , and M were found to be relevant to the cases. Standards G & K were not found to be relevant to the cases.
Findings for Case # 1564-06 (Mr. and Mr. Richmond)
1 The property that is the subject of this Hearing is a two family side-by-side
building located at 19 Quintard Avenue in Norwalk, CT.
2 The house was built approximately 100 years ago.
3 There has been a longstanding relationship between the Complainant’s family
and Respondent of over 30 years.
4 The Complainant pays for all of the utilities, including heat and hot water.
5 There is no written lease governing the relationship between the parties.
6 The Respondent stated that he has owned the property since 1968 when he purchased
it with his father and brother.
7 The rent for Complainant’s unit is $1100 per month plus utilities. The proposed
rent increase is for $350 to $1450, beginning October 1, 2006.
8 The most recent rent increase took place in 2004.
9 Both parties acknowledge that the Complainant reports any repair problems
immediately to the Respondent.
10 The Norwalk Health Department inspected the premises on September 27, 2006.
Problems were identified by the Health Department, with a correction order for
October 18, 2006.
11 The Respondent has not made any repairs.
12 The Respondent has not responded to the Fair Rent Inspection report.
13 The Complainant cleaned the roof gutters following a second inspection by
the Fair Rent Department Field Representative.
14 The Respondent did not respond to the Fair Rent Commission staff request
for information on Income and Expenses.
15 The Respondent stated that he was considering selling the building.
16 The Respondent stated that the Complainant had a lower rent than the other
unit in the duplex because the Complainant shoveled snow and mowed the grass.
17 The Respondent stated that he has not made any improvements to the interior
of the property.
18 The Respondent acknowledged that there is no owner’s electric meter. The
Complainant is paying for electricity in the common area.
19 The Respondent acknowledged that he is receiving $30,000 annually in revenue
from the property.
20 The Respondent stated that he would clean the yard of debris within the month
following the hearing.
Decision:
1 The rent for the apartment is reduced from $1100 to $1000 monthly beginning
November 1, 2006 because of the Complainant’s loss of one bedroom due to water
damage.
2 The Commission orders payment of the rent in escrow to the Commission until
such time as the Respondent has corrected any health and safety violations that
have been found to exist and noted in reports by the Norwalk Health Department
and the Norwalk Fair Rent Field Representative’s Report.
3 Payments from the escrow account shall be released to the Respondent upon
application by the Respondent, receipt of bills for repairs completed and inspection
by Fair Rent Department staff.
4 Respondent shall give adequate notice to Complainant prior to the commencement
of repairs.
5 If the property at 19 Quintard Avenue is sold, any funds remaining in the
escrow account at the time of sale may be returned to the tenants.
** MR. BERNARD MOVED TO APPROVE THE ABOVE FINDINGS AND DECISIONS FOR CASE #
1564-06 RICHMOND, AS STATED.
** MS. GEAKE SECONDED.
** THE MOTION PASSED WITH SIX IN FAVOR (BERNARD, SIMMS, BOOTH, GEAKE, PENN-WILLIAMS,
PARRIGIN) AND TWO AGAINST ( BORGES-LOPEZ AND JEAN-PIERRE)
Findings for Case # 1565-06 (Mr. and Mrs. Avalos)
1 The property that is the subject of this Hearing is a two family side-by-side
building located at 19 Quintard Avenue in Norwalk, CT.
2 The house was built approximately 100 years ago.
3 There has been a longstanding relationship between the Complainant and Respondent
of over 10 years.
4 The Complainant pays for all of the utilities, including heat and hot water.
5 There is no written lease governing the relationship between the parties.
6 The Respondent stated that he has owned the property since 1968 when he purchased
it with his father and brother.
7 The rent for Complainant’s unit is $1400 per month plus utilities. The proposed
rent increase is for $200 to $1600, beginning October 1, 2006.
8 The most recent rent increase took place in 2004.
9 Both parties acknowledge that the Complainant reports any repair problems
immediately to the Respondent.
10 The Norwalk Health Department inspected the premises on September 27, 2006.
Problems were identified by the Health Department, with a correction order for
October 18, 2006.
11 The Respondent has not made any repairs.
12 The Respondent has not responded to the Fair Rent Inspection report.
13 The Respondent did not respond to the Fair Rent Commission staff request
for information on Income and Expenses for the property.
14 The Respondent stated that he was considering selling the building.
15 The Respondent stated that he has not made any improvements to the interior
of the property.
16 The Respondent acknowledged that there is no owner’s electric meter. The
Complainant is paying for electricity in the common area including the basement.
17 The Respondent acknowledged that he is receiving $30,000 annually in revenue
from the property.
18 The Respondent stated that he would clean the yard of debris within the month
following the hearing.
Decision:
1 The rent for the apartment is set for $1100 monthly beginning November 1,
2006 because of the respondent’s failure to complete any renovations.
2 The Commission orders payment of the rent in escrow to the Commission until
such time as the Respondent has corrected any health and safety violations that
have been found to exist and noted in reports by the Norwalk Health Department
and the Norwalk Fair Rent Field Representative’s Report.
3 Payments from the escrow account shall be released to the Respondent upon
application by the Respondent, receipt of bills for repairs completed and inspection
by Fair Rent Department staff.
4 Respondent shall give adequate notice to Complainant prior to the commencement
of repairs.
5 If the property at 19 Quintard Avenue is sold, any funds remaining in the
escrow account at the time of sale may be returned to the tenants.
** MR. BERNARD MOVED TO APPROVE THE ABOVE FINDINGS AND DECISIONS FOR CASE #
1566-06 AVALOS, AS STATED.
** MS. GEAKE SECONDED.
** THE MOTION PASSED WITH SIX IN FAVOR (BERNARD, SIMMS, BOOTH, GEAKE, PENN-WILLIAMS,
PARRIGIN) AND TWO AGAINST ( BORGES-LOPEZ AND JEAN-PIERRE)
ADJOURNMENT
** MR. SIMMS MOVED TO ADJOURN THE MEETING.
** MS. BORGES-LOPEZ SECONDED.
** THE MOTION WAS UNANIMOUS.
The meeting adjourned at 9:25 p.m.
Respectfully submitted,
Sharon L. Soltes
Telesco Secretarial Services
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