JANUARY 8, 2003

** MR. BERNARD MOVED TO ACCEPT WITH CORRECTIONS.

Mike Murray was not in attendance.

John Nathanson should be noted in the attendance and comments throughout the minutes where it says Mr. Murray

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

Mr. Booth thanked Ms. Devitt for all her help through her years of service with the Commission. She will be missed.

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Ms. Devitt stated that both Commissions, Fair Rent and Fair Housing, have been wonderful to work with. She has had wonderful experiences and some hectic days, other days with good success. She commented that this Commission has good attendance and should maintain it. She asked the Commissioner’s to assist in making Larry’s and Irene’s job as easy as possible so that they can do their work most efficiently when it comes to arranging meeting. She also asked that the Commissioners be alert to the need to call in when they are able to attend a meeting to avoid the staff having to make callbacks.

All commented that she will be sorely missed.

Ms. Devitt reviewed her written report. She said that meetings will be held in Room 101 unless a hearing is scheduled, then they will be in Room 231.

She will be present for budget review on February 3, 2003 at 5:30 p.m.

Ms. Devitt reviewed the statistical report for both Fair Rent and Fair Housing.

Mr. Booth opened the hearing at 8:00 p.m. Ms. Devitt asked that everyone consider the fact that the tenants have English as a second language and to speak clearly when addressing the tenants.

Mr. Booth read the rules of the Fair Rent Commission governing the hearing for both tenant and landlord. All individuals testifying were sworn in by the Chairman.

1. Tenant complaint filed October 22, 2002 by Trinidad Paredes, Case 1495-02
2. Tenant complaint filed October 22, 2002 by Irma Hernandez, Case 1497-02
3. Inspector’s Report for 26 Hyatt Avenue dated October 24, 2002
4. Letter from Gaetano Del Giudice, dated 10/17/2002
5. Tenant Complaint filed October 22, 2002 by Rodolfo Campos, Case 1496-02
6. Inspector’s Report for 28 Hyatt Avenue dated October 24, 2002
7. Rent Receipts and security deposits for Mr. Campos
8. Letter from Gaetano DelGiudice to Messers. Compo, Gamboya and Albarado dated October 17, 2002
9. Letter from Teresa Hall to Mr. Patterson of Fair Rent Commission dated 1/6/2003
10. Expense report for 2002 of Gaetano & Agnes DelGiudice for 26 Hyatt Avenue dated received January 7, 2003
11. Expense report for 2002 of Gaetano & Agnes DelGiudice for 28 Hyatt Avenue dated received January 7, 2003
12. Home Depot receipts for purchases for 26 Hyatt Avenue
13. Letter of confirmation from Thermo-Tite Window Systems Ltd. To Mr. DelGiudice dated January 3, 2003 to install windows at 26 & 28 Hyatt Avenue
14. Thermo-Tite Window Systems Ltd. Contract dated 12/19/02
15. Invoice from LMM Landscape & Masonary LLC dated 9/20/2002
16. Invoice from LMM Landscape & Masonary LLC dated 9/23/2002
17. Invoice from Arbor Master dated 9/23/2002
18. Estimate for work by Bath Systems NE, LLC dated 12/21/2002 for 26 Hyatt Ave.
19. Estimate for work by Bath Systems NE, LLC dated 12/21/2002 for 28 Hyatt Ave.
20. Work ticket from Rock Bottom Furniture & Flooring dated 12/30/2002
21. Connecticut Floor Invoice for 26 Hyatt Avenue dated 01/02/03
22. Invoice from LaJoie’s Auto Wrecking Inc. dated 12/10/02 for 26 Hyatt Avenue
23. Invoice from Aitoro’s Appliance for 28 Hyatt Avenue dated 11/19/02
24. P&S Paving Invoice for 28 Hyatt Avenue 10/31/2002
25. Income-Expenses Statement for rental by Fair Rent Commission dated 1/8/2003 for 28 Hyatt Avenue
26. Income-Expenses Statement for rental by Fair Rent Commission dated 1/8/2003 for 26 Hyatt Avenue

Mr. Patterson commented on his findings of the condition of the interior and the exterior of 26 and 28 Hyatt Avenue on January 7, 2003. He commented on items which have been corrected. He noted that the apartment occupied by one tenant had been vacated and work was being performed there. There was no access to other units to do work according to the landlord. The paving will not be completed until Spring since the plant for asphalt closes in the winter.

Mr. Campos commented on that the garbage in the rear of the yard has been there for years, not due to his tenancy. He also said that there are water problems in the house. When the first floor uses the water, no water comes up to the second floor.

Mr. Patterson pointed to Exhibit 6 where he noted the water problem. It appears that the water pressure may be at fault.

Mr. Mora commented on 26 Hyatt Avenue. He complained about the rent increase of $400. He had complained about the windows that were cracked for over two years. He also performs the lawn service for both houses and snow plowing for both properties. He felt that to pay $400 as well was not fair. He stated that some small items have been taken care of, but he has painted two rooms himself. He stated that he is trying to keep the place clean, but he is here because of the rent increase.

Ms. DelGiudice’s daughter, Ms. Hall, spoke on behalf of her parents who own the house. She stated her father is fluent in Spanish and therefore rents to Hispanic tenants. She commented there are no written leases. She said that her father is no longer able to maintain the houses and she and her brother have taken over the management of the property. She said their intention is to clean and fix the houses and bring the management to a higher level. She also wanted to bring the rents up to fair market value and in order to have the funds to maintain the properties. She also said that Mr. Mora was receiving a lower rent for keeping the grounds in all the seasons.

Mr. Mora stated that he did not know that he was receiving a lower rent for his keeping the lawns and the snow plowed. He assisted the first floor tenant who was doing the work with a hand mower. He stated that he still does the snow removal because it allows them to get out of the driveway. He is a landscaper, but does not plow with a machine, only by hand.

Ms. Genuario asked whether Mr. Campos added to the garbage at the residence.

Mr. Campos stated that when he moved in to the property in1998 there was garbage there such as grills, lawn mowers, and other debris. He said he takes his garbage to the street each week.

Ms. Genuario asked whether there was a written agreement for Mr. Mora to do the yard work. Mr. Mora responded that he has helped to do the work since the first floor tenant left the residence. He never had a written agreement or a reduced rent to his knowledge.

Ms. Hall stated that there has been a plow service employed, but the driveways are narrow and the company needed to secure a smaller unit. Mr. Mora recommended someone and she has not been able reach the individual as yet.

Mr. Mora stated he has been clearing the stairs where he enters and the driveway so that they can get out.

Mr. Simms inquired of each tenant how many people live in the units. Mr. Campos stated only three in his apartment. Mr. Mora stated that he has only his wife and two daughters.

Mr. Simms asked whether Mr. Mora was opposed to the $25 late charge.

Mr. Mora stated he opposed the rent increase of $375.00. He said he is opposed to having to pay $25 if the check not in the landlord’s hand on the first of each month.

Mr. Simms asked if Mr. Mora was familiar with what is fair market value.

Mr. Mora commented that he has been doing the yard and snow plowing work and he did not agree with paying the new increase. He would pay what is fair.

Mr. Simms asked Mr. Campos whether he felt his rent was fair. Mr. Campos said if the items are corrected it would be fair.

Ms. Hall asked whether the tenant is responsible for keeping the place clean. She commented that the tenants at 28 Hyatt Avenue are not clean.

Mr. Campos stated that he waited on the designated date, but no one came to service his apartment. He waited all morning as Mr. DelGiudice said the men would come at 8:00 a.m. He left for work in the afternoon so as not to lose a whole day’s work.

Ms. Hall noted that the men went to the other address first and that is why Mr. Campos was not home when they arrived in the afternoon.

Mr. Mora said the leak in the basement has not been repaired to his knowledge.

Ms. Hall noted that the leak from the bathroom has been repaired. There is water coming in through the bilco doors which will be repaired. There are gutters that are missing and water runs into the basement.

Mr. Mora said he spoke to the landlord about the gutter being missing in the past.

Mr. Nathanson asked if Mr. Campos understood what fair market value is for a two or three bedroom apartment. Mr. Campos said he did understand.

Ms. Hall said she understood the fair market value. She said when she talked to her attorney and asked whether they could charge fair market value. She was advised that they could charge fair market value.

Mr. Bernard informed the landlord that the fair market value could be charged if the house is in good condition.

Mr. Nathanson inquired whether there have been increases prior to this increase. Mr. Mora stated that he had an increase of $75 in 2001and $100 in 2002.

Mr. Nathanson inquired whether Mr. Campos contributed to the garbage in the rear of the property. Mr. Campos stated he did not add to it and had actually cleared out the basement from previous tenants.

Mr. Nathanson asked both tenants whether they had asked for painting or adjustments when they went to see the apartment. Ms. Mora stated that they had to purchase their refrigerator. Mr. Campos said he did not request any adjustments.

Mr. Nathanson noted there seemed to be a lack of communication with regard to the snow plowing and ground maintenance.

Ms. Ebron inquired whether Exhibits 15, 16 and 17 were the same vendor.

Ms. Hall stated that she did not know that they were the same until she received the bills.

Mr. Roberts asked what time frame could the matters be addressed with regard to the inspection report.

Ms. Hall said that the windows will be installed January 20 and 21 at both houses. She said that the water problem was tested by a plumber and the City came out as well. She said that one plumber said the pressure line is not sufficient for the building. Mr. Bernard stated that the water feed into the house may not be large enough. She must have an independent plumber look into the problem to help resolve it.

Mr. Patterson noted that there was a water problem at 28 Hyatt and the water tank should be checked as hot water is insufficient.

Ms. Hall said the work at 28 Hyatt Avenue will be done when she can get someone into do it. She also stated her husband can do some of the work.

Mr. Roberts suggested that Ms. Hall arrange a time that Mr. Campos can meet the professionals at his home.

Ms. Hall suggested over the next month she might be able to complete some of the items.

Ms. Mora asked if they should be paying for furnace repair. Mr. Simms and Mr. Bernard stated that the heating is the landlord’s responsibility.

Mr. Booth asked whether the tenants have contributed to the damage of the houses.

Ms. Hall said there are hanging wires, scratched doors, and wax on the ceilings on the second floor. She said when the units were inspected they took photographs.

Mr. Booth asked about some of the line items on Exhibits 10 and 11.

Mr. Campos stated that he has paid $1,000 in security. Mr. Mora has paid $750 in security. The tenant who vacated did not have a security deposit. These deposits are not last month’s rent.

Mr. Roberts inquired whether the work in Mr. Mora’s unit might be completed at the end of January.

Ms. Hall stated that the windows would be installed and the small items that Mr. Mora mentioned, painting and front door bell, would be corrected.

Ms. Devitt complemented Ms. Hall in her efforts to bring the property up to par and she should use the Fair Rent office and Commission to assist with any questions she may have. Ms. Devitt informed Ms. Hall that the late charges must be in writing within the leases. She also informed Ms. Hall that there is a 10-day grace period in which rents in Connecticut must be paid before a late fee can be assessed. She advised that this be noted in the written lease as well. She advised the tenants to read the leases and ask questions to understand what they sign it. She advised the landlord to give as much notice as possible for repairs and the tenant should allow reasonable access to the unit.

Mr. Patterson noted that yard cleanup and other items had already been started before the Commission became involved. He encourage them to continue in that effort.

Ms. Devitt informed Ms. Hall that the Commission has the authorization to review the fair rent for a tenant already in place as well as fair rent for property in good order.

Mr. Patterson suggested that the tenants look into renters insurance in order to protect their possessions in the house.

Mr. Booth commented that both the landlord and tenants have been reasonable and should continue to work out their problems together.

The hearing was closed at 9:25 p.m.

** MS. EBRON SECONDED.

** MOTION PASSED UNANIMOUSLY.

** MS. BERNARD MOVED TO CLOSE CASE NO. 1469-01.

New Cases

Case No. 1502-03

Mr. Patterson stated that this complaint stems from the fact that the increase totals 25% in two years. The management is trying to phase this unit in with the other units that are at $1600.

Ms. Genuario said that if he is complaining on the basis of the rent increase only, that it should not be heard.

** MR. ROBERTS SECONDED.

Mr. Patterson stated he is still below the market value the management company is charging the other tenants.

Case No. 1503-03

Ms. Devitt stated that the rent has been escrowed for 1467-01. Part of the electric bill was paid out of escrow as Mr. Malah was in financial difficulty. Mr. Malah stated the work has been done and Ms. Devitt distributed the package he sent to her today. After speaking with Mr. Malah’s attorney it is evident that MR. Mahla is in financial trouble.

Mr. Booth said that since the escrowing of the money has produced the desired effect, then if all the bills are submitted to support the expenses, the money should be released from escrow.

Mr. Roberts asked whether Mr. Malah would agree to the Commission paying the bills directly and that he will have only a certain period of time to respond to Ms. Devitt or the money would not be released.

Mr. Booth suggested rejecting paragraph one of page 2 regarding his property noted in the letter.

** MR. BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

Mr. Roberts summarized the hearing in that a good situation was developed between the landlord and the tenants with the open discussion at the hearing. Mr. Roberts suggested holding the case open to see if the parties can work out the final agreements.

Ms. Devitt stated that she was concerned about the amount of the increase that the landlord will charge may not be arbitrated equally between the parties.

Standards

All standards applied.

Findings

1. There was a lack of communication between the tenants and the new management agent creating an environment in which that the tenants felt threatened resulting in neither side communicating what they were trying to achieve in the change in management
2. Both tenants testified that they had made security deposit on which interest has not been paid and the landlord concurred.
3. The management has started work and plan to have the windows repaired by January. The apartments will be completed within one to two months except for the contracted paving and step repair.
4. The landlord is going to change her letter to reflect the 10-day grace period for payment of the rent.
5. The unit held by Paredes was vacated on November 26^th and landlord is currently negotiating to rent the two-bedroom unit for $1300 per month.
6. Ms. Paredes was not present.
7. The Paredes unit was not a three-bedroom unit, but a two-bedroom unit.
8. The landlord testified that it was not the responsibility of the tenant to take care of the lawn and yard although Mr. Mora had performing the work for the last few years.
9. The landlord has stated that they are willing to make all repairs sighted in the inspection reports for 26 and 28 Hyatt Avenue.
10. The tenants testified they have not provided the landlord with a key for emergency access.
11. The work began in the yard before the Fair Rent was contacted and are continuing to do so.
12. Water pressure needs further investigation and remediation as well as the hot water heater.
13. Landlord and tenant need to cooperate when scheduling professionals to the property.
14. Mr. Campos testify that there are three people in his unit.
15. Mr. Mora testified that there are four people in his apartment.
16. Landlord acknowledge that there is a leak in the bilco doors.
17. There is a problem with the gutters that need to be replaced.
18. The landlord said the first floor leak has been repaired.
19. Landlord is willing to create leases for the tenants.

Decisions

1. Tenant to supply key to landlord for emergency access.
2. Except for asphalt for the driveway and the cement steps repair, no rent increase until repairs are made and upon final inspection.
3. The security deposits will be kept in a escrow account according to statute.
4. All repairs in all two inspections report shall be completed.
5. Mora, Hernandez would be increased to $1100; Campos would be increased to $1225 upon completion of repairs with exception of the asphalt driveway and cement steps repair.

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

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

The Chairman adjourned the meeting at 11:15 p.m.

Respectfully submitted,

Alvina L. Richardson Decker

Telesco Secretarial Services

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