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FAIR
RENT COMMISSION
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MAY 7, 2003
ATTENDANCE: Richard Booth, Chairman; Martin Bernard, Norman Roberts, Ben Guerrero, Jon Nathanson, Mike Murray, Richard Stumpf, Izora Ebron (7:55 p.m.)
STAFF: Larry Patterson, Field Representative
CALL TO ORDER
The Chairman called the meeting to order at 7:45 p.m.
APPROVAL OF MINUTES – MARCH 5, 2003
Page 2, paragraph 6, a meeting should read a letter
Page 3, Case 1507-03 Charles Stumpf - remove punctuation
4th paragraph – should read boosters AND thermostats
4th paragraph – adverse should read adversity
** MR. NATHANSON MOVED TO ACCEPT THE MINUTES OF
MARCH 5, 2003 WITH CORRECTIONS.
** MR. STUMPF SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT
Mr. Patterson stated that the office has been very busy. He noted that The Norwalk Hour has been writing extensively about affordable housing. He said what they failed to mention is how often allocations for Section 8 and vouchers go hand in hand with rising costs in rents. Some people might question whether this activity is driving the rental market.
Mr. Patterson attended the C.A.H.C.E.O. seminar on March 14, 2003. The information presented often addresses many cases that overlap between housing codes, health codes and state regulations. He stated the seminar in March concentrated on "pack rats" where people pile up debris and things. The January seminar covered arrest powers for housing officials for the State of Connecticut as well issues that arise in court.
Mr. Booth recommended that staff attend as many outside meetings as practically possible to assist the Commission with situations that arise in Norwalk.
Mr. Booth spoke to the clippings recently taken from the newspaper regarding, new housing, sale prices, rental pricing and other information regarding housing in Norwalk.
Mr. Booth mentioned the re-appointments he will be presenting to the Mayor. He requested whether there was anyone who did not wish to continue on the Commission. He stated that there are seven (7) regular members to enable a quorum to be present for all hearings.
COMMISSIONERS’ POTPOURRI
There were no comments.
NEW BUSINESS
Both Mr. Booth and Mr. Patterson confirmed that there is no information at this time on the replacement of the Director.
REVIEW AND DISCUSSION OF OPEN AND NEW CASES
** MR. ROBERTS MOVED TO CLOSE CASE NO. 1489-02 AND 1493-02.
** MS. EBRON SECONDED.
** MOTION PASSED UNANIMOUSLY.
Mr. Patterson stated that there was no action on Case No. 1493-02 as the landlord has completed all the repairs. An inspection will take place on May 8th to determine that all conditions have been met. There is no action on the case.
** MR. ROBERTS MOVED TO CLOSE CASE NO. 1495-02, 1496-02
AND 1497-02.
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.
Case No. 1499-02, 1500-02, 1501-02 have no action required as Mr. Patterson has some final details to close on these cases. The repairs and the item that made up the decisions should be completed and then a recommendation for action will be made at the next meeting.
Case No. 1506-03 had a problem because of the need of an interpreter. Mr. Patterson recommended that the case be heard. There are problems with hearsay issues. There is another problem with the landlord stating he did not agree to circumstances that are currently in place. There is an active eviction document, but a STIP laid aside this action. There is a car that needs to be removed that belongs to the tenant. Mr. Patterson will review the STIP in order to determine whether the Commission should consider the case at all.
** MR. BERNARD MOVED TO HEAR CASE NO. 1506-03 BASED ON
WHETHER INFORMATION IN THE STIP BETWEEN THE TENANT AND LANDLORD WOULD ALLOW FOR CONSIDERATION BY THIS COMMISSION.
** MR. STUMPF SECONDED.
** MOTION PASSED UNANIMOUSLY.
Case No. 1507-03 - Mr. Patterson said that the landlord has made the repairs. It has been agreed not to increase the rent until September 2003.
** MR. ROBERTS MOVED TO CLOSE CASE NO. 1507-03
** MR. STUMPF SECONDED.
** MOTION PASSED UNANIMOUSLY.
Mr. Patterson summarized the current situation with Mr. Maleh’s properties, Case No 1467-01 and 1470-02 that are still open. A letter dated April 30, 2003 was not sent to Attorney Nakian as Mr. Patterson wanted input from the Commissioners on the contents. Mr. Maleh has stopped completing the required repairs including storm windows and changes in the heating for the tenants. Bliss Exterminating has been on the premise in February and March. However, the roach infestation has not abated. The electrical work performed by Bartoli Electric has been completed and they have been paid. Code Enforcement signed off on the work on March 18, 2003.
Mr. Roberts commented on the electric meters as to whether they have been changed so that the tenants are not paying for common lighting. Mr. Patterson stated that all of the meters are in Mr. Maleh’s name so that the tenant do not pay the bill since the electric is combined. SNEW has put all the meters in Mr. Maleh’s name, however, there should have been six in total.
Mr. Patterson stated that the heating was still a problem as there was only one thermostat for the building in Mr. Fludd’s unit. There had been individual zones in that house at one time, but they had been disconnected. Mr. Patterson had an estimate for the HVAC work performed and obtain one at a cost of $1,600 to rezone the heating to three zones. This would place the first floor on one zone, second and third floors on a zone and the building in the front on a third zone.
Mr. Booth suggested imposing penalties on Mr. Maleh in order to close out the case based on State Statute 39-20 Violations & Penalties.
Mr. Roberts asked that a review of the decision regarding heating be read from the record. Mr. Patterson read the decision.
Mr. Roberts noted that it is not practical to repair the heating system for two apartments when those thermostats control the heat for all five units. He noted that the three-zone repair would have a benefit for the landlord and the tenants in controlling heat and costs. There is no way to separate the heating for each of the five units, although only two complainants had asked for this change. The decision is open to interpretation as to whether the two units are to be rezoned or all five units in the house.
Mr. Roberts suggested that the letter be sent with the addition of the violations and fines according to statute. Mr. Patterson suggested that the rent be reduced to $1 per month since the tenants have prepaid for six months. Mr. Roberts suggested that the penalties be imposed to force the landlord to take care of the HVAC and the storm windows by being fined for not doing so.
Mr. Patterson noted it might be done by the handyman since no permit is required and it may not be professional. Mr. Booth suggested having a City agency assist in reviewing the work.
Mr. Nathanson agreed that the only way to have the work performed is to impose penalties and fines.
Mr. Murray stated that no forgiveness should be considered, but the fines should be imposed as soon as possible due to the amount of time that the landlord has been negligent in taking care of the property.
Mr. Roberts gave a scenario if the landlord conformed and the fines could be forgiven. Mr. Nathanson said the forgiveness might set precedence. The fine will go into the City fund and they can put a lien on the property if they back the Commission and the fines are not paid.
Mr. Patterson asked when the fines would become effective. Mr. Booth set the date for June 2, 2003. Mr. Patterson confirmed that the letter will go out on Friday, May 9, 2003 and the fines would be effective June 2, 2003.
** MR. ROBERTS MOVED TO SEND A LETTER TO MR. MALEH AND HIS
ATTORNEY THAT, EFFECTIVE JUNE 2, 2003, FINES WILL BE IMPOSED AT THE RATE OF $100 PER OFFENSE DUE TO NON-COMPLIANCE AS INDICATED IN CONNECTICUT STATE STATUE SECTION 29-30 .
** MR. BERNARD SECONDED.
** MOTION PASSED UNANIMOUSLY.
Mr. Booth suggested that Mr. Patterson send out the draft letter to all Commission members to review and the Commissioners reply promptly so that the letter will be mailed out on Friday, May 9, 2003 as planned.
** MR. ROBERTS MOVED TO ADJOURN.
** MS. EBRON SECONDED.
** MOTION PASSED UNANIMOUSLY.
The Chairman closed the meeting at 8:55 p.m.
Respectfully submitted,
Alvina L. Richardson Decker
Telesco Secretarial Services