CALL TO ORDER

** MS. EBRON SECONDED.

** MOTION PASSED UNANIMOUSLY.

Mr. Booth stated that a letter was sent by the joint chairs of the Fair Rent Commission and Human Relations Commission to the Mayor requesting information as to when a director would be appointed. They are awaiting a response.

Mr. Patterson spoke of the written request. He said that he was pleased that the Chairmen have sent a letter to the Mayor regarding a replacement director.

Mr. Nathanson commented that he would be married on July 27, 2003. He will honeymoon in California wine country and Hawaii.

Mr. Patterson noted that there was no action required by the Commission on Case No. 1495-02, 1496-02, 1497-02, and 1506-03. Case nos. 1495-02,

1496-02 and 1497-02 have had water problems due to run off from the driveway. The daughter, Ms. Teresa Hall, who is handling the property, is planning to complete the excavation work regarding the problems. There have been water pressure problems and sewer line problems caused by a utility near 28 Hyatt Avenue. This was for information only, not for action by the Commission.

1506-03 – Everything is in order and Mr. Patterson is waiting for a response from the landlord’s attorney regarding rescinding of the Notice to Quit that was in question.

The following cases were recommended to close:

1493-02 – All the repairs have been completed.

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

** MS. EBRON SECONDED.

** MOTION PASSED UNANIMOUSLY.

1499-02, 1500-02, 1501-02 – The overcharges to those tenants over 62 years of age were returned on June 4, 2003, therefore closing these cases.

** MR. STUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

1504-03 – The vermin problem has been resolved. There are four items remaining to be handled. They are final in nature. The only major item is the tub surround that will be completed by the end of June.

** MR. BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

1505-03 – There has been a buyer for the property. The repairs are completed with the assistance of the old owner as well as the new owner. The new owner has offered the tenants a month-to-month tenancy for six months and signed an agreement with respect to the rent.

** MR. STUMPF MOVED TO CLOSED CASE NO. 1505-03.

** MS. EBRON SECONDED.

** MOTION PASSED UNANIMOUSLY.

1467-01, 1470-02 – This is an ongoing problem with 101 Woodward Avenue. A letter was sent to Corporation Counsel regarding Mr. Maleh’s non-compliance and the Commission’s desire to impose fines. The verbal legal opinion was that the Commission did not have the authority to mandate repairs. The Ordinance for the Commission is 62 years old and does not give the Commission authority to impose repairs. Mr. Patterson said there have been updates to the Ordinance through case law. Case histories were pulled and presented to the Law Department. An opinion was requested in writing and the Commission will await the response.

Mr. Patterson has been in touch with the landlord regarding the HVAC. The estimate promised by his vendor has not been received. He is still at a standoff regarding storm windows being placed on the building. Mr. Patterson distributed a fax received at the end of the day from Mr. Maleh. The fax included a number for the local maintenance man, (203) 975-1775 for use by the tenants.

Mr. Booth commented that the Law Department did not want to put anything in writing due to the legal concerns. The request was made for two Commissioners to sit with the Corporation Counsel on this matter. He expressed that there should be no action on Mr. Maleh at this meeting until the Ordinance can be with reviewed with the Law Department.

Mr. Roberts commented that in reviewing the Ordinance, the Commission does not have authority to mandate repairs. Case law has determined the support for orders by the Commission. On the face of the Ordinance as it exists, there is a problem for the Commission to implement repairs and it is not overcome by past practice.

Mr. Patterson stated that this is a pandora’s box that must be dealt with by the Commission. He noted a letter from Sonja Devitt to the Law Department regarding the cases that have given Fair Rent its authority to handle cases and require repairs. He said that he still felt that action can be taken on 101 Woodward Avenue so that the tenants do not feel the Fair Rent Commission is not finishing its job. He suggested that the Commission take no action, but allow the office to keep the dialog going with Mr. Maleh regarding the final items to be completed.

Ms. Genuario asked whether Mr. Maleh was complaining that he has a hardship in paying the bills. Mr. Patterson stated that since the electric has been changed into Mr. Maleh’s name and his having to pay the balance that was due, there has been an unexpected cost. He had outstanding debts to the electrician and requested funds from the escrow to pay them to finish the electrical work. Mr. Patterson stated he did not see the practicality in paying the mortgage as requested in the June 2, 2003 correspondence from Mr. Maleh. Mr. Maleh suggested that the Commission release funds for the HVAC, but not the mortgage.

Mr. Roberts suggested reminding Mr. Maleh that installing the storm windows would reduce the heating cost increase come winter.

Mr. Patterson stated that the Health Department had not been contacted about the heat deficiency since last October. This occurred because the tenants were using space heaters.

Mr. Nathanson was concerned about the cost of heating that is a part of the rent. What would be the action if the utility was disconnected because the money is being escrowed by the Commission. Mr. Patterson reminded the Commissioners that an additional $25 per month was given to Mr. Maleh to cover the cost for the electric usage. He further commented that the tenants have the recourse of going back to the Health Department to complain about the lack of heat and electricity.

Mr. Guererra stated that Mr. Maleh should submit a balance sheet indicating his costs for the Commission to review.

Mr. Patterson stated that the bottom line is to have the last two items resolved.

Mr. Roberts said that the HVAC repairs should be addressed and a note sent to Mr. Maleh on the matter.

Ms. Genuario said to remind Mr. Maleh that he has submitted no documentation to have the Commissioner release funds. It was also suggested that he be informed that the rents can be reduced in light of his not co-operating with this Commission. The rent could be reduced to $1.00 per month.

Mr. Patterson said he would send a letter to him to let him know which ever HVAC person he chooses, the Commission would release the funds based on the cost and completion of the work. He must send in a valid estimate on the contractor’s letterhead. The work performed by the vendor would be paid directly to the contractor by the Commission.

Mr. Patterson will take the decisions made in the discussion to Mr. Maleh and state that the Commission is considering reducing the rent for the tenants. He will also note that the winter was harsh and the Commission is sympathetic to his position. The storm windows would be mentioned as an aside.

Ms. Genuario said to let Mr. Maleh know that the Commission discussed his high bills and that storm windows would be to his advantage. Mr. Bernard suggested an energy audit.

** MR. BERNARD MOVED TO ADJOURN.

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

The Chairman closed the meeting at 8:40 p.m.

Respectfully submitted,

Alvina L. Richardson Decker

Telesco Secretarial Services

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