STAFF: Larry Patterson, Field Representative

The Chairman called the meeting to order at 7:40 p.m.

APPROVAL OF MINUTES - JULY 2, 2003

Mr. Patterson noted for the record that the numerous corrections to the minutes were due to the secretary’s first attempt at writing them in shorthand; thus, she may have not captured everything.

Page 1 – under Page 3 correction; 1^st line where it reads, delete "to delete the word "to

Page 1 – under Page 3 correction; 3^rd line where it reads, "62" should read "32"

Page 1 – bottom of page under the motion; 1^st line APPROVED should read APPROVE

Page 2 – 2^nd paragraph; 2^nd line; the name John should be Jon

Page 2 – 3^rd paragraph; 2^nd line the name Sonja should be Sonja Devitt

Page 2 – 3^rd paragraph; 5^th line down where it reads, Fair Rent but did not have the attachments. should read Fair Rent but he did not have the attachments last month.

Page 2 – 3^rd paragraph; 13^th line down where it reads, He said, over the years, he had called the Health Department should read He said, over the years, the commission had called the Health Department

Page 2 – 3^rd paragraph; last sentence where it reads, they would have a problem because they would not have a quorum. should read they may have a problem because they might not have a quorum.

Page 3 – under case 1506-03 the paragraph should read as follows per the corrections:

Mr. Patterson apprised the Commission of recent developments with Vega and Fludd. He said he was continuing a discussion with the landlord regarding HVAC estimates. He said if the case was closed and Mr. Maleh brought in a contractor and it was still substandard, the tenants could file another complaint with Fair Rent and the Health Department. He said there was a third floor tenant. A second floor tenant had vacated. Mr. Simms noted that Mr. Maleh had always cried hardship. Mr. Roberts said he wanted to resolve it in a manner that was favorable to both the tenant and the landlord. Mr. Patterson said if repairs were done, he would like to see it done correctly and at a reasonable price. Mr. Roberts said they had talked in terms of repairs being restricted to the complainants, but that truly adequate repairs should address the whole building. He said on that basis, $3,100 might not be an unfair price. Mr. Roberts asked about the thermostats in each apartment. Mr. Patterson said only three thermostats could be installed because of the way the heat was zoned.

Page 3 – under NEW BUSINESS the paragraph is rewritten up to the 7^th line and should read as follows per the corrections:

Mr. Bernard said he had received a call from Sonja Devitt who told him she would be coming into the office to get materials, and also said she would be willing to serve as a pro bono representative if they needed one. Mr. Patterson said her research started with old decisions. She would also be looking at case law. Mr. Roberts said to deal with Corporation Counsel’s opinion, that night would be an exercise in futility. Mr. Patterson read and e-mail he sent to Katherine Lasberg on June 23^rd in which he thanked her for her time in looking at the ordinance, and said for the most part, Katherine Lasberg looked at the ordinance, while Sonja Devitt thought her research was too narrow.

Page 3 – under NEW BUSINESS; 10^th line down where it reads Paterson correct spelling is Patterson

** MR. SIMMS SECONDED

** MOTION PASSED UNANIMOUSLY

CHAIRMAN’S REPORT

Mr. Booth spoke about requesting a new commissioner appointment (he read a memo concerning this into the record) and said Ben Guerrero called and told him he couldn’t tonight. Mr. Booth read the names of the new members indicated in the memo that will join the commission. Mr. Booth asked if the new members had been notified yet. Mr. Patterson said they haven’t been sworn in yet as far as he knew.

There was further discussion on the expiration of Mr. Murray’s term. Mr. Patterson explained the policy as it relates to a commissioner’s term and stated that Mr. Murray’s term was still open and until his slot is filled, according to policy, he remains on the commission. Mr. Patterson further said they always had a specification there could be no more than four of the same party on a commission. Mr. Booth added that party affiliation (Democrats and Republicans) is generally broken down for an equal split.

Mr. Patterson enlightened that the lack of new members was due to notification that was sent out after the Common Council already made the announcements; he noted all should be finalized by the next meeting.

FIELD REPRESENTATIVE’S REPORT

Mr. Patterson said in starting with the office, there has been a surge of inquiries on the Human Relations side, but there are no statistics of the breakdown due to the staff’s workload, the office has been short-staffed for two weeks; he noted they also have fifteen (15) closing letters to get caught up on.

Mr. Patterson said the position of the Director of Human Relations has been posted and it outlines definition, duties and qualifications; this information can be found on the website under job announcements and can be accessed at www.NorwalkCT.org.

Mr. Booth asked who updates the Fair Rent’s Commission website. Mr. Patterson said it’s done through the data processing department. He noted there are several problems with the website on the Human Relations side, he noted that until the problems are fixed, whoever takes the minutes should be vigilant in doing so.

Mr. Booth asked if a new appointee would be added relatively quickly. Mr. Patterson said he expected this would be the case and noted there are thirty (30) new appointees and five (5) re-appointments.

Mr. Patterson spoke about the new housing slated for Belden Avenue that has been halted due to a lawsuit by Auto Zone, there are also new apartments on North Main Street consisting of one to two bedroom lofts; the apartments are located next to Barcelona Bar. He said there is also one new property boarded up at 149 Woodrow Avenue that is being converted into six-units, he said the downside may be that Steven Maleh bought it.

COMMISSIONER’S POTPOURRI

Mr. Patterson referred to an article regarding a 41-year old Stamford woman who fraudulently assumed someone else’s identity through by means of a housing claim; he noted the importance of protecting a claimant’s information.

Mr. Booth noted that Sarah Mann would replace Izora Ebron and he thanked Ms. Ebron for serving until then. Mr. Patterson commented that many of the commissioners, whose term is up, would be missed.

OLD BUSINESS

Mr. Booth said he spoke to the legal department on the authority of the commission, but this matter would be tabled until Sonja Devitt has a chance to address it. Mr. Patterson further said they pulled out old cases dating back to 1972 regarding repair issues, but the process is time consuming so he needs to find the time to tackle this job along with Ms. Devitt. Mr. Booth noted when it’s done; they may be able to change how they look at things.

NEW BUSINESS

None.

REVIEW and DISCUSSION OF EACH OPEN CASE

Mr. Patterson reviewed the open cases as follows.

1467-01 - Vega Mr. Patterson stated the property at 101 Woodward Avenue is owned by Steven Maleh; he said he was happy to report that after speaking with Mr. Maleh, he got a heating and air conditioning quote that wasn’t far removed from the other original quote, the quote was $1,600 to $1,800 verbally, but it went up to $3,100. He faxed the information, but the subject of the HVAC work came up and now there is a written estimate that has almost doubled. Mr. Maleh felt his back was up against the wall, but he asked for a HVAC contact name and this was supplied to him, so work was completed on Monday and inspected on Tuesday of this week.

1470-02 - Fludd - Mr. Patterson updated that the leak resurfaced as well as a short in the electricity in the bathroom, Mr. Maleh got the maintenance person to address the leak that is coming from a second floor bathroom, but as of today, it has been repaired; for Fludd’s bathroom light, Mr. Maleh was asked to get the light fixed and a status was received and the problem with the leak has been rectified; its assumed all would be complete within 48-hours, so to sum up, with everything being completed, is the end of Mr. Maleh’s cases with this property. Mr. Patterson said it was made clear to Mr. Maleh that the furnace is operating on borrowed time and it won’t be sufficient to provide heat for the number of units. Mr. Patterson said he advised the tenants to contact the Health Department if and when there is a problem.

Mr. Roberts asked if the tenants were in a position to maintain the internal temperature. Mr. Patterson replied that he thought so. Mr. Roberts questioned whether or not the tenants would understand what to do and act on it. Mr. Patterson said it was made clear to Mr. Fludd.

Mr. Simms asked if the burner unit would have to break down first before something happens. Mr. Patterson said no, and he stated the condition has improved from what it was, but as the temperature drops, the system will operate as functional as it can, but they can’t do anything until the temperature drops and then report on it.

Mr. Patterson reviewed Mr. Maleh’s rent increase request reflecting more than what was requested in the past.

Mr. Patterson also noted he pointed out to Mr. Maleh that the garbage is piling up as well as wrecked vehicles that are near by at 75 S. Main Street. He said Mr. Maleh’s intent is that he would increase the rent to the levels he originally requested, plus $25.00. i.e., Vega’s would be increased to $825 and Fludd’s would be increased to $725. Mr. Roberts commented that the letter outlining his proposed increases shouldn’t even be a topic of discussion tonight and they should just revert back to the original request; with that said, he felt there was no need to respond immediately.

Mr. Booth asked for a motion on the matter…but Mr. Roberts questioned whey they should even close the case tonight.

Mr. Murray asked if this was the second time the leak had been repaired and he felt there was no reason to close the case tonight, he thought they should wait and see if the leak situation was taken care of.

Mr. Roberts asked if the policy was that on the day of the commission’s meeting where a case involves final compliance that has been pending for months, was it policy to automatically close the case. Mr. Patterson responded no, but he explained that since Vega was still paying $675 and Fludd is paying $625; he agreed Mr. Maleh has moved slowly, noting that the issue with the old rent has been going on for two years.

Mr. Roberts clarified it was not his intention to hassle Mr. Maleh, but he felt they should be orderly in the transaction. Mr. Patterson stated that if they agreed to close the case tonight, they would still be looking at September’s rent.

Mr. Murray stated if all were completed, he wouldn’t have a problem signing off on the case.

Mr. Roberts expressed if they did this, some conditions should be posed.

Mr. Patterson asked if they would consider closing the case upon final inspection and specifying when the increase goes into effect. Mr. Roberts said it would be as of September 1, 2003. and made the following suggested conditions:

1. Closing upon final inspection that should be within 10-days of tonight August 6, 2003
2. Rental increases implemented as stated in the original decision as of September 1, 2003
3. There should be no action taken on the letter dated August 5, 2003

Mr. Murray asked if the rent should be fixed within 10 days from September 1 or when everything is complete. Mr. Patterson replied when all is complete and they should also specify that the bathroom and living room leak be repaired within 10-days form tonight (August 6, 2003).

1. Motion and vote on open cases, as necessary

1^ST MOTION

2. THE DECISION OF A RENT INCREASE SHOULD BECOME EFFECTIVE WITH THE SEPTEMBER 1, 2003 RENT AS STATED IN THE ORIGINAL DECISION
3. THERE SHOULD BE NO ACTION ON THE LETTER DATED AUGUST 5, 2003

** MS. GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

2^ND MOTION

Mr. Patterson briefed on the other cases that reflect no action. He spoke about case 1495-02 and 1497-02. He said these were the two properties with water pressure issues, the second one was excavated and they found a kink in the line, so they were able to tell and test all the pipes in the house; there was also discussion with the 2^nd District Water Department and they reached a compromise to allow the excavator to dig around the curb box.

Mr. Patterson noted that for case 1497-02 the apartment is being advertised at $1,700 with a basement, but this represents a problem that has been discussed and will be further discussed.

For case 1506-03 no action, the matter is in a holding pattern and he expects to contact the Health Department again regarding the inspection report.

PRESENTATION of NEW CASES

1. Decision to hear or recommendations to staff

Mr. Patterson spoke about case 1507-03 reflecting a rent increase from $650 to $1,100. He said the landlord claims that $1,000 was also mentioned and the tenant is agreeable to going up to $800; most of the repairs are external on the property but there are some minor things to be done to the interior. Mr. Booth asked if he would go with Marilyn to inspect it when it’s done. Mr. Patterson said probably not, due to conflicting schedules, however, an inspection would be done, but not necessarily at the same time.

Mr. Patterson noted the previous tenant was lax with rent due to a layoff so that’s why an increase hasn’t been finalized. Mr. Roberts asked how long the tenant was there without an increase. Mr. Patterson researched his file and found it has been since January 2001. He noted the mother and tenant did do some changes themselves.

2. Motion and vote on each case present

** MR. BERNARD MOVED TO ACCEPT NEW CASE 1507-03

** MR. SIMMS SECONDED

** MOTION PASSED UNANIMOUSLY

ADJOURNMENT

** MR. ROBERTS MOVED TO ADJOURN

** MS. GENUARIO SECONDED

** MOTION PASSED UNANIMOUSLY

The meeting adjourned at 9:00 p.m.

Respectfully submitted,

Diane Graham

Telesco Secretarial Services

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