FEBRUARY 5, 2003

Page 9 – The motion should read "Mr. Roberts moved that…" in the 1^st line and remove "impartially"

Page 10 – removed item 11and 12 which are duplicates and item 17 should read apartment, not office

Page 10 – Decision No. 2, move "No rent increase until repairs are made" to follow "the steps repair,…."

** MR. BERNARD MOVED THE MINUTES WITH CORRECTIONS.

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Mr. Booth stated that the party for Ms. Devitt was a real success. Everyone enjoyed themselves. Mr. Booth stated that Mr. Nathanson and Mr. Simms as well as his own term has expired. All of the gentlemen will be re-appointed, however, the commissioners will serve until the appointment is officially made by the Mayor’s office.

DIRECTOR’S REPORT

Mr. Patterson gave an overview of the Director’s report in view of Mrs. Devitt’s leaving the department after 12 years of service. The Mayor named February 3, 2003 as Sonja Devitt day at City Hall. Money for a new copier was requested at the Board of Estimate and Taxation meeting, as well as another staff position. Both were denied.

COMMISSIONER’S POTPOURRI

There were no comments by the Commissioners.

NEW BUSINESS

Mr. Booth stated that the Commissioners would be asked to pitch in to assist with duties connected with the processes of the Fair Rent office. The Commissioners stated that they would be willing to assist with inspections and other needs as requested.

HEARING – CASES NO. 1499-02, 1500-20 and 1501-02

Mr. Booth opened the Hearing at 7:35 p.m.

The rules and guidelines were read to the tenants and landlord. All parties were sworn in before the hearing began. Commissioner Roberts would act as legal negotiator for this hearing.

Exhibits

1. Fair Rent Complaint for Irma B. Pesak dated November 18, 2002
2. Fair Rent Complaint for Ida K. Morgan dated November 20, 2002
3. Fair Rent Complaint for J. Richard Weber dated November 21, 2002
4. Inspection Report for units of Ms. Pesak, Ms. Morgan and Mr. Weber, November 21, 2002, submitted December 20, 2002
5. Amendment to Lease Agreement for Ms. Pesak dated October 18, 2002 from Adelphi, Inc.
6. Amendment to Lease Agreement for Ms. Morgan dated October 18, 2002 from Adelphi, Inc.
7. Amendment to Lease Agreement for Mr. Weber dated October 18, 2002, from Adelphi, Inc.
8. Income-Expenses Statement for Rental Building for Landlord Adelphi, Inc., c/o David Koskerides, 130 East Ave, Apts. 2-B, 3-A, 2-A, Norwalk, CT 06851 from January 1, 2002 through December 31, 2002

Mr. Booth inquired how there were lease amendments when the tenants stated there were no leases on their apartments. Mr. Koskerides stated the leases were originally made in 1995. It appears the rental agent used those leases for compiling the amendments.

Mr. Patterson updated the Commissioners on the repairs at each of the units. He stated that apartment A-3 is very warm because it sits over the boiler room. It was stated that the heat goes off at 10 a.m. and does not come back on until 4 p.m. All the tenants are retirees and are home during the day. This past week work began, but none of the units are complete.

Ms. Pesak stated she would be happy when all the items requested are repaired. She stated that she did not get new windows when the rest of the building’s windows were replaced. She stated that it is cold during the day. She uses two heaters to keep the rooms above 60 degrees. She pays her own electric costs.

Ms. Morgan commented that she has no cabinets in the kitchen. She wished that all the repairs would be done. She said she uses a fan in the bedroom because the apartment is so hot. She gets the fumes from the furnace below into her apartment on the second floor. Her unit sits directly above the furnace room

Mr. Weber commented that some things have been done in his apartment. He said the building is old and there has been no preventative maintenance. He was to have his apartment painted and carpet cleaned when he moved in. He said that the only repairs that are performed are on an emergency basis. The furnace breaks down frequently. He said the security at the building is poor. Cars have been broken into and personal effects have been lost to theft. He said the water from the down drains flows across the parking lot, not into the ground. It is very dangerous to cross the parking lot on foot due to the ice. He stated that he paid the realtor two months’ security and does not receive interest each year.

The Chairman asked the landlord for his comments.

Mr. Koskerides stated he did not know the problems existed to the extent that they are until he received the inspection report from Fair Rent. He also said he will speak with the superintendent to make sure things are fixed. He stated that many people do not stay as long as these tenants. Mr. Kokerides, Sr. stated the agent did not tell him that the problems existed. He did not know these things were wrong until the complaints were filed. Mr. Koskerides said that he directed the windows to be replaced, but he will look into the situation and have the vendor come back out for Ms. Pesak.

Mr. Koskerides said there have been no increases for many years. He stated that he has noted that no where in Norwalk are there one bedroom units being rented at $700 per month including heat and hot water.

Mr. Patterson added that there are newer double hung windows and Ms. Pesak has a window on the fire escape allowing easy access and creating a security problem for the tenant. He also noted that only one unregistered vehicle remains on the property.

Mr. Bernard inquired whether the repairs would be made. The landlord replied that they would be done and he will be making all the repairs.

Mr. Roberts inquired whether there is a phone number to call. Mr. Koskerides stated that the superintendent is on site and that is their first call. The tenants commented that the super is in and out during the day. Mr. Koskerides stated that the tenants could call him if they cannot get in touch with the super.

Mr. Bernard informed Mr. Koskerides that he must have a separate escrow account for the security deposits. The income statement did not reflect a separate line item because the security had been rolled into the income line for the building. Mr. Koskerides stated he never kept the money separately.

Mr. Koskerides, Sr. stated that he would need another week and one-half to meet the requirements of the inspection report. He would ask all the tenants what they needed so that they could be handled along with the written complaints.

Ms. Morgan commented that there have been three superintendents over the years. There have been times when the ceiling leaked and the heat was not working.

Mr. Simms inquired how many units are vacant. Mr. Koskerides said seven are gutted. Six others are for rent which are vacant. The total number of units are 37. There are eight two-bedroom units, 29 one-bedroom units. Mr. Simms asked what the rental would be for a two-bedroom unit and a one-bedroom unit. The two- He bedroom unit is $1,200 and the one bedroom $1,000 to $1,100 depending on which floor the apartment is on.

Mr. Roberts referred to the ice in the parking lot and asked the landlord to look into the problem. He also asked about the overheated apartment of Ms. Morgan and the apartments that are cold during the day. He asked what the schedule is for heating the building. Mr. Koskerides stated he could not answer that question as the superintendent controls the furnace activity.

Mr. Booth commented on the fact that the rent has not been raised in a few years. He stated that raising the rent 33 percent in one year is difficult for a tenant to handle. Mr. Koskerides commented that the cost of heat and hot water at the current rate does not create revenue for the owner. Mr. Booth commented that the landlord should consider the size of the increase and its impact on the tenants.

Mr. Roberts asked Mr. Koskerides if four to six weeks would enable the repairs to be completed in the event they have to secure outside professionals. Mr. Koskerides stated that would be agreeable.

Ms. Pesak asked if the landlord is required to provide garbage collection. She commented that there is a dumpster, but there are no recycling bins for paper, cans or bottles.

Ms. Jean-Pierre commented about the security in the parking lot. Mr. Patterson stated that the parking lot is lighted and the tenants agreed that the thefts were a long time ago.

Mr. Koskerides gave the tenants his cell phone to call (203 247 5565) when they have a problem and the superintendent does not resolve the matter.

REVIEW AND DISCUSSION OF OPEN AND NEW CASES

Mr. Patterson commented on each case as follows:

Case No.1498-02

Tenant vacated the premises in January. Mr. Patterson advised the owner to rehab the condo and the requirements were completed.

** MR. BERNARD MOVED TO CLOSE CASE NO. 1498-02

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

Case No. 1503-03

** MR. ROBERTS MOVED TO CLOSE CASE NO. 1503-03

** MR. BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

DELIBERATIONS AND DECISIONS

Standards

The only standard that did not apply was "I."

Findings

1. Difficulty in communicating with the landlord, leaving messages without a response being returned.
2. Superintendent is on premises but not always available
3. There are 37 units, 13 unoccupied units, 6 vacant, 7 gutted. There is also a superintendent’s unit which is non-income producing. Of the six vacant units four are one bedroom and two are two bedroom. The two bedrooms are $1,200 and the one bedroom units range from $1,000 to $1,100 depending on the floor they are on.
4. Landlord has agreed to comply with the inspector’s report and will perform repairs within 6 weeks.
5. Twenty-nine one-bedroom units and 8 two-bedroom unit make up the facility. ranging from $1,000 to $1,100 depending on the floor they are on
6. There is no elevator in the building.
7. Tenants complained of drainage from the roof in the rear parking lot resulting in icy runoff.
8. The units are occupied month-to-month; there are no current leases.
9. Apartment A-2, A-3 has not had a rent increase since 1995; B-2 has had no increase since 1996.
10. Landlord does not maintain separate escrow accounts for security deposits and has not paid interest annually as required by law
11. Apartment B-2 and A-2 complained that there is no heat between 10 a.m. and 4 p.m.
12. Apartment A-3 complained of excessive heat and occasional oil fumes
13. Tenants testified that they did not notify the landlord about necessary repairs in writing.
14. Apartment B-2 did not receive new windows and landlord indicated he was unaware and he would address the problem
15. Apartment A-3 does not have adequate cabinets in the kitchen
16. Tenants are all over age 62
17. The tenants testified that there were no recycling containers for paper, glass and plastic. Landlord stated they had been there and he would investigate putting them back.
18. Thirty-three percent is a large increase but does not exceed fair market values.

Decisions

1. Landlord to provide a formalized system for tenant repairs and requests.
2. Landlord to do all repairs as specified in Inspector’s Report within six weeks from date of decision.
3. Landlord should establish an escrow account for security deposits in accordance with all legal requirements. Landlord should provide an accounting and refunding of overages for persons over 62 years of age immediately. Tenants are to be paid back interest on their security deposits to year 2002 immediately. Future interest will be due on the anniversary date of tenant occupancy.
4. Landlord to recognize his responsibility to eliminate dangerous ice conditions in common exterior areas.
5. No escrowing of the rent.
6. Until completion of all required repairs and final inspection, rents will remain as is. Upon completion Unit A-2 will pay $1,050; Unit A-3 will pay $875; Unit B-2 will pay $910. These increases will be effective the month following the completion of all repairs and will remain in effect for six months.

** MR. BERNARD MOVED THAT THE CHAIRMAN BE AUTHORIZED TO

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

** MR. ROBERTS MOVED TO ADJOURN.

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

The Chairman closed the meeting at 9:30 p.m.

Respectfully submitted,

Alvina L. Richardson Decker

Telesco Secretarial Services

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