DECEMBER 4, 2002

ATTENDANCE: Richard Booth, Chairman; Martin Bernard, Norman Roberts,

STAFF: Sonja M. Devitt, Director; Larry Patterson, Field

CALL TO ORDER

The Chairman called the meeting to order at 7:15 p.m.

APPROVAL OF MINUTES - NOVEMBER 6, 2002

Page 1, Bernard should be preceeded by "Mr."

Page 1, Director’s Report, Human Rights should be Relations

Page 3, Goals for the budget- should read Add one field representative

Page 5, 2nd paragraph last line should read "...and a notice that the professional exterminator is being engaged."

Page 5, 3rd paragraph, 1st line, remove "the"

Page 8, 7th paragraph, 1st line should read "…to be paid by the tenant only for that which flows through his.... Replace one price with "included"

"Any common area utility the landlord should pay for it."

Page 9, 3rd paragraph, multi-zoning should be "multi-zoned heat"

Page 9, 8th paragraph, dollar amounts should be "to $750 and $800

Page 11, under Decisions, line 5, should read "prior to November 30th.

Page 11, under Decisions, line 6 should read "A dumpster is to be placed on the site for removal of debris immediately."

** MR.BERNARD MOVED APPROVAL OF THE MINUTES FOR

** MR. STUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

HEARING - CASE NO. 1493-02 - GARCIA VS ZUCARO

The Chairman opened the hearing at 7:35 p.m. He noted that the Landlord did not appear although effort to contact him had been made. It was decided by the Commission to go forward with the hearing as scheduled.

The Chairman asked Mr. Patterson to review his attempts to contact the Landlord and the outcome.

Mr. Patterson stated the complaint was filed on September 30, 2002, and an inspection was conducted that day with a report sent out on October 9, 2002. His only contact with the landlord was a phone call once he received the inspection report and he was angry about its being filed.

He received a call from Ms. Garcia on October 15, 2002, stating that the number for the landlord at home was not being answered and the work number was disconnected. A Notice to Quit was sent to the tenant on October 11^th and the attorney stated that he would rescind the notice in writing. The attorney was informed that the tenant sent their October payment within the ten-day grace period and the landlord picked up the check on October 11th at his post office box. The check was dated prior to the 10^th of the month. Mr. Patterson again asked that the Notice to Quit be rescinded in writing. The attorney did not know there had been a complaint sent to the Fair Rent Commission.

The Fair Rent Commission did notify Mr. Zucaro about tonight’s hearing and the green card was signed on November 26, 2002, as being received by what appears to be Mr. Zucaro’s signature. The attorney was also notified by regular mail of tonight’s hearing. There has been no additional communication with the landlord. There have been no repairs made to the property in line with the inspection report.

The Chairman inquired of the Commissioners whether the hearing should be held.

** MR. BERNARD MOVED TO HEAR CASE NO. 1493-02

** MR. STUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

Exhibits

1. Complainant Report dated September 30, 2002
1. Fair Rent Inspection Report dated October 9, 2002.
1. Lease Agreement (This Indenture) was undated
1. Cancelled Checks written by the Garcias for a security deposit and rent payment for 15th of September 2001 when they moved in
1. Letter from Zucaro Inc. to Mr. Garcia dated July 30, 2002, regarding a rent increase effect November 1, 2002
1. Letter from the First District Water Department to Mr. Zucaro for past due water use and a copy of the canceled check dated September 5, 2002 from Mr. Zucaro to the Water District
1. Letter to Mr. Garcia from Mr. Zucaro dated September 9, 2002, regarding the First District Water Department bill and Mr. Garcia’s portion being figured at $577.24.
1. Meter record history as of September 16, 2002 from the Water District for 31 Center Avenue Apt C
1. 32 Photos presented by the Garcia’s for 31 Center Avenue Apt. C showing the condition of the unit when they moved into it

Mr. Garcia recapped how he came to live in the apartment. It was presented to him in an unclean condition. The landlady did not tell him in 2001 when he rented the apartment that they had to pay the water bill. She presented the tenant with a bill, which was destroyed by her, for $500 for water use when Mrs. Garcia told her she would not pay it. In early August, the landlady called requesting the rent payment while the Garcias were on vacation out of state. Mr. Garcia informed her that it had been mailed to their post office box. Again in August, the landlady stated that the check for the water bill had not been received. The amount at that time was $500. The Garcia’s were not notified that the water was their responsibility.

Mrs. Garcia was called regarding the water bill, but did not agree to pay for the water, which was not her responsibility. Mrs. Garcia said that Ms. Zucaro misunderstood her statement to maintain the apartment. Mrs. Garcia stated that she would keep the apartment neat, cut the grass and fix anything that they damaged, but would not repair things that were not in order when they rented the unit. Mrs. Garcia presented photos of the condition of the apartment. The 32 photos were entered as Exhibit 9.

She stated that Mr. Zucaro sent someone in to fix a problem, but it was not completed. The windows make the unit cold and they have four small children and she must increase the heat to keep the unit warm.

Mrs. Garcia noted on the master report from the Water Department that they are being charged for late fees that Mrs. Zucaro is accruing because she had not paid the bill in the past. The amount of $500 far exceeds the use by the Garcia’s.

Mr. and Mrs. Garcia stated that they never received a letter rescinding the Notice to Quit.

Mrs. Garcia stated that there are two months of security paid in. The checks show that they paid the security and that they were only responsible for one-half of September’s rent as they moved in on the 15th of the month.

Mr. Garcia said that the Zucaro’s had been told by the Health Department to replace the windows prior to renting it out again. There was no lease for the first year. The new lease makes them totally responsible for the house as if it was their own. Mrs. Garcia has Lupus and the matter is upsetting her and worsening her disease. Mr. Garcia stated that he did not sign the lease as he felt it is not legal and the landlord took back one of the security payments, which was not agreed to by him.

Mr. Garcia stated that there is water in the basement when it rains. There was water coming in through the steps, but Mr. Garcia fixed that problem. However, there is water coming in from a window that has no glass in it in the basement on the other side of the house.

Mr. Garcia stated that the landlord has been agreeable. He said whatever repair he makes or appliance he purchases that he sends the bill to him and deducts the amount from the rent. The stove stopped working and he purchased a stove and hood and sent the bill to Mr. Zucaro. He stated that he did not want to paint or do anything else since this situation had developed.

Mr. Patterson noted that this is a duplex apartment. Some items have been repaired by the tenant. The stove belongs to the tenant. The refrigerator was purchased but was offset by the landlord. The unit was built in 1974 and needs to be maintained. He stated that the kitchen cabinet doors are plastic.

He further showed in the water statement that the outstanding balance that the Garcia’s are being charged for is water usage before they took possession as tenants at the location. It was also noted that there is one meter for the building that has of two apartments.

Ms. Devitt stated that shared utilities to be paid by the tenants must be in writing and included in the rent amount according to Connecticut State law. In the absence of a written agreement, Ms. Devitt stated that the tenant could not be held responsible for the water. Mr. Garcia confirmed that there was no written agreement in 2001.

Mr. Patterson noted that the basement window in one of the photos contributes to the water that collects in the basement. There is no framing for the window and, therefore, the elements and small animals cannot be kept out.

Mrs. Garcia stated that there is a second family with them due to her health. It was agreed with Mr. Zucaro that it was OK to have them with her. She told the landlord after they moved in and he said it was OK. When the Notice to Quit was issued the second family being there and a lack of paying rent were noted, all of which were not true.

The Garcias noted that the windows have cracked glass and ripped screens or screens that are not for the windows.

Mr. Garcia stated that he has all the check statements indicating that the rent was paid on time. He gets a statement, but no checks from his bank.

Mrs. Garcia stated that she and Mrs. Zucaro visited the apartment in the daylight so that they could see how it was when it was rented.

Mr. Garcia stated that the Health Department sent a representative to inspect the apartment. Mrs. Garcia showed the representative what needed to be fixed. The representative told Mrs. Garcia that the apartment was not to be rented until the violations were cleared up from a previous inspection.

The question was raised as to how improvements were handled. Mr. Garcia stated that he had receipts and sent original bills to the landlord and kept a copy. The cost was deducted from the rent.

Mr. Simms inquired whether both landlords were in agreement with the second family moving in.

Mrs. Garcia stated that Mr. Zucaro agreed to their being in the apartment after the family arrived. The lady living with them assists his wife because of her illness.

Mr. Garcia commented that there are times when his wife is unable to get out of bed due to the Lupus and he needed help because he was working in NY and handling all the household chores and the four children sometimes as late as 11 p.m. at night.

Mr. Simms inquired whether there was an understanding about the utilities.

Mr. Garcia stated that there was no mention of responsibility for water, only their gas and electric they were to pay and put in their name.

Mr. Booth inquired about Exhibit 7, regarding the water bill to paid or the landlord would have to find other means to resolve the issue.

Mrs. Garcia stated that this alarmed her because it is difficult to find a place with four children. She did not want to move and was upset by the letter.

Ms. Devitt commented that it is the obligation of the tenant to get the approval of the landlord prior to moving another person into the unit who is not on the lease or part of the original agreement. She asked the Garcias whether the second family is a problem to the Zucaros.

Mrs. Garcia stated that Mr. Zucaro said it was OK.

Mr. Simms inquired about Exhibit 5, dated July 30, 2002, as to what maintenance costs was the landlord indicating.

Mrs. Garcia stated that there were some minor repairs, but they were not costly. She said the screen door was not replaced after a repair was made and the water at the steps was fixed by Mr. Garcia. Mr. Garcia will put the screen door on which is in the basement.

Ms. Devitt inquired whether the increase that was written in the letter was fair in the mind of the Garcias.

Mrs. Garcia said that she felt the landlord should have spoken to them about the increase and she did not know what a fair amount should be.

Mr. Patterson asked for a clarification about the address for sending the money in Exhibit 7.

Mrs. Garcia stated that originally the money went to 100 Congress Street and Mr. Zucaro asked that the money be sent to a post office box going forward.

The Chairman closed the hearing at 9:00 p.m.

Standards

Standards G and M do not apply.

Findings

1. Due notice was served on the landlord and it was signed for at the post office, but he did not reply or appear at the hearing.
1. The only documentation was from the tenant who was in attendance.
1. The tenant accepted occupancy of the unit without fully inspecting it and made some representation to the landlord about taking care of the property.
1. The tenants moved in during the middle of the month and paid one-half month’s rent and paid full security deposit for two months.
1. The rent was at the rate of $1300 per month with a month-to-month verbal agreement.
1. Approximately April 2002, the tenant invited a second family to move in without prior notice to the landlord.
1. The second family changed the occupancy from two adults and four children to four adults and six children.
1. The tenant presented pictures showing the condition of the apartment when they moved in September 2001 that showed existing conditions.
1. There was an inspection conducted by the Field Representative and there were a number items needing repair.
1. There was a conflict between the tenant and Mrs. Zucaro.
1. There was no documentation from the landlord, only that which was presented by the tenants and the Inspectors Report.
1. In August the landlord sent a lease in the amount of $1300 and that the tenant should pay for water usage.
1. Tenant testified that they did not sign or return the lease.
1. Two months later the landlord sent a letter dated July 30, 2002, increasing the rent to $1500 effective November 1, 2002.
1. The tenants testified that they were served with a Notice to Quit. The staff gave assurance that the attorney was sending a letter rescinding the notice and the tenant testified they had not yet received a letter from the attorney stating that the Notice to Quit was rescinded.
1. The tenant had been prepared to give the rent check for December to the landlord at the hearing, but was advised to mail out the check the next day by the Staff.
1. The tenant was on a month-to-month verbal agreement and was presented by the landlady with a bill for water in April of 2002.
1. A second request for payment was made in September 2002 for $577.24.
1. There are apparent discrepancies in the amount of money requested by the landlord as shown in Exhibit 8 to be paid by the tenant. There was no written agreement and therefore no money owed for water.
1. Any repairs made by the tenant were deducted from the rent with the landlord’s permission.
1. The tenant stated the landlord agreed to the second family being in the residence after they moved in.
1. Tenant testified that no repairs as addressed in the Inspection Report have been made to date.
1. Mr. Patterson testified that the basement exposure to the elements were noted.
1. Mrs. Garcia stated that the heat is kept high because of the poor windows in the unit.
1. The tenant constructed a storage room in the basement prior to any permission from the landlord and without a building permit. Tenant said landlord looked at the room and said it was OK.
1. Tenant and staff confirmed that the home nor work telephone numbers are working. The staff contacted the lawyer indicating there was no phone available to contact landlord. A request was made for a contact number to be given to the tenant and Staff.
2. The tenants stated that they met with Mrs. Zucaro and told her that they would not create any new damage, but would not repair the existing damage.
1. Tenant testified that outside maintenance is performed by tenants

DECISIONS

2. All the repairs have to be done that are in the Inspectors Report.
3. The landlord is responsible for the water bill in its entirety as there is no separate meter and there is no written agreement
4. Rent remains as is until all repairs are done and an inspection is done to the satisfaction of the Commission.
5. All repairs in the Investigators Report must be done to the satisfaction of the Commission
6. The August lease is unacceptable as presented because of (1) inaccuracy of the security deposit (2) attempt to insert terms that are legally unenforceable
7. Rent will be held in escrow effective February 1, 2003, if all work has not been completed to the satisfaction of the Commission
8. The rent will be raised to $1400 when all the repairs have been made and a final inspection has been conducted.

** MR. BERNARD MOVED TO AUTHORIZE THE CHAIRMAN

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Mr. Booth noted that the rentals in the new properties in Norwalk have been lowered as they are 60% empty on Route 7.

DIRECTOR’S REPORT

Ms. Devitt reviewed her written report with the Commissioners. There will be a final decision on the room location for 2003. Ms. Stark is investigating the changes for all room requests. She stated that the Commission may be asked to reduce the budget before the final numbers are set.

COMMISSIONER’S POTPOURRI

There was no report.

NEW BUSINESS

Discussion and action on 2003-2004 Budget

There was no discussion.

MOTION AND VOTE ON OPEN AND NEW CASES

Mr. Patterson and Ms. Devitt reviewed the open cases and what would be recommended as next steps.

1466-01 Cruz

** MR. NATHANSON RECOMMEND TO CLOSE UPON

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY

1467-01 Vega and 1470-02 Fludd

The exterminator was engaged and stated to the tenants that he would return each month. Bliss sent a letter confirming their intent to exterminate of the property. An inspection was held on November 30, 2002 as determined. The dumpster did not arrive until the last week in November. It was over flowing and hauled away on Monday, December 2, 2002. Any further debris will have to be hauled away by the contractor. The oil tank is still questionable and Ms. Devitt will make an inquiry of the Fire Department whether it should be removed from the basement. There is written confirmation of delivery of the windows for January 17th by a letter from Home Depot to the landlord. The Commissioners have asked for a copy of the Home Depot confirmation. There is a written confirmation from ACTION Construction and Plumbing to put in dampers and thermostats for the heating. There is no confirmation from Bartoli Electric as to what has been done, whether it meets code or has been inspected. There was no further information as of this meeting.

** MR. ROBERTS MOVED TO ESCROW THE RENT FOR

** MR. STUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

** MR. STUMPF MOVED THAT THE RENT BE ESCROWED

** MR. BERNARD RECOMMENDED TO CLOSE CASE NO.

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

There was a discussion as to whether to initiate the increase and escrow the rent effective January 2003. Mr. Roberts or Mr. Stumpf will conduct the final inspection with Ms. Devitt.

There will be no rent increase until the final inspection and final approval includes storm windows being installed.

1491 -Becker

1499-02, 1500-02 and 1501-02 - 130 East Avenue

** MR. STUMPF RECOMMEND TO HEAR CASE NOS. 1499-02,

** MR. NATHANSON SECONDED.

** MOTION PASSED UNANIMOUSLY.

ADJOURN

** MR. ROBERTS MOVED TO ADJOURN.

** MR. STUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

The Chairman adjourned the meeting at 11:00 p.m.

Respectfully submitted,

Alvina L. Richardson Decker

Telesco Secretarial Services

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