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FAIR
RENT COMMISSION
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Click
here for Minutes from meeting on February 7, 2002
Click
here for Minutes from meeting on April 3, 2002
Click here for Minutes from meeting on May 1, 2002
Click
here for Minutes from meeting on May 15, 2002
Click
here for Minutes from meeting on June 5, 2002
Click
here for Minutes from meeting on August 7, 2002
Click here for Minutes from meeting on October 2, 2002
NOVEMBER 6, 2002
ATTENDANCE: Richard Booth, Chairman; Martin Bernard; Norman Roberts,
Richard Stumpf, Wendell Simms, Jeannette Jean-Pierre (8:00 p.m.), Mike Murray
STAFF: Sonja M. Devitt, Director; Larry Patterson, Field
Representative
CALL TO ORDER
The Chairman called the meeting to order at 7:00 p.m.
** MR. BERNARD MOVED TO REVIEW THE DOCUMENTS FOR
THE SCHEDULED HEARING ON CASES 1467-01 AND 1470-02.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.
CHAIRMAN’S REPORT
Minutes of October 2, 2002
Page 2, paragraph 6, line one should read Ms. Devitt was at a trial...
Page 3 remove "the" in 1st paragraph before Mr. Booth
Page 3 remove "the" in the 3rd paragraph before Mr. Maleh
** MR. ROBERTS MOVED TO ACCEPT THE MINUTES WITH
CORRECTIONS.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.
Mr. Booth noted changes in the rental scene in Norwalk. He asked that all of the Commissioners keep their eyes on the newspaper to monitor this trend in Norwalk.
DIRECTOR’S REPORT
Ms. Devitt gave an overview of her written report to the Commissioners. She announced that she will retire January 31, 2003. She expressed her joy in working on the Fair Rent Commission and with the Commissioners. She said she loves the work and working with the public through the years. She will also inform the Human Relations Commission on Thursday evening at their meeting. She gratefully thanked all of the Commissioners for their support and cooperation through the years.
Ms. Devitt informed the Commissioners that they will meet in Room 101 in 2003. Ms. Devitt spoke with Mr. Fred Gilden and he stated that the Commission could use 231 for the hearings if they receive 10 days notice.
Mr. Booth stated that he would write a letter to the effect that the Commission has been moved and that there should have been the opportunity to discuss the change and make a decision best suited for the Commission between the locations. The group agreed that room 101 was not adequate.
Ms. Devitt commented that the budget must be submitted on November 13th.
COMMISSIONER’S POTPOURRI
There were no comments.
ANY NEW BUSINESS
Discussion and Action on 2003-2004 Budget
Ms. Devitt led the discussion of the 2003-2004 budget. She noted that there was no allowance made for the Fair Rent Commission to cover secretarial services. She added $2,300 to the Fair Rent budget. The total of $1,225 she applied exclusively to the Human Relations budget as noted on the pro forma. She also noted that mileage should be increased for Mr. Patterson to at least exceed the actual 2002 figure by $100.
Ms. Devitt commented that upon her retirement in January there will be several months that the office will only have the secretary and the field inspector and they will need help from the Commissioners.
Ms. Devitt suggested that an office operations line item be added to the budget so that both departments can share the cost of the large items. Ms. Devitt commented that a copier is a high priority over the need for a printer in the department at this time. A line item will be added to try and procure the copier.
Mr. Booth suggested adding in the need for an additional person in the budget to assist with the workload. A full time person will be requested.
There was a suggestion to ask for the phone costs to be equal to the expenditure of 2002. Postage will be increased as indicated on the pro forma.
** MR. STUMPF MOVED TO ACCEPT THE BUDGET FOR 2003 - 2004
WITH THE CHANGES AS SUGGESTED.
** MR. ROBERTS SECONDED.
** MOTION PASSED UNANIMOUSLY.
Highlights for the budget -
Increased landlord/tenant seminars from one to two
Bylaws were revised
Expanding community bi-lingual communications and forms
Goals for the budget -
Continue timely resolution of complaints.
Revise forms and informational materials
Add one field representative
Do an annual mailing to agencies and organizations regarding services
Seek funding for community outreach projects outside of the City budget
Increase landlord/tenant seminars
Enhancement of bi-lingual communications
** MR. STUMPF MOVED TO APPROVE THE HIGHLIGHTS AND GOALS
FOR 2001-2002/2002-2003.
** MR. ROBERTS SECONDED.
** MOTION PASSED UNANIMOUSLY.
HEARING CASES NO. 1467-01 and 1470-02
RICARDO VEGA AND JAMES FLUDD vs. STEVE MALEH
The Chairman, Mr. Booth, opened the hearing at 7:40 p.m.
A hearing for Cases No. 1467-01 and 1470-02 were originally scheduled in 2001, but were canceled based on agreements between Mr. Maleh and the Fair Rent Commission. The Chairman stated that these cases have been an undue burden on the Fair Rent Commission due to the delays in agreements made by the landlord. It is the feeling of the Commission that such extensions in similar cases would not be viewed favorably in the future.
Mr. Booth read the general conditions to be followed in a hearing for the benefit of the complainants and the landlord’s representative, Attorney Nakian.
All parties who were scheduled to testify were sworn in by the Chairman stating their name and address. Attorney Nakian represented Mr. Maleh who is a resident in the State of Florida.
Ms. Devitt gave an overview of the documents:
Exhibits
the properties from Mr. Maleh to Ms. Devitt October 1, 2002
dated October 1, 2002
There also were pictures that had been taken a year ago and distributed to the Commissioners for their review at this hearing.
Ms. Jean-Pierre arrived at 8:00 p.m.
Ms. Devitt stated prior to the testimony that the complaints were originally filed upon receipt of rent increase notices by the tenants which took place very shortly after Mr. Maleh purchased the property in a very distressed condition. Mr. Maleh was not the long term owner and was not the individual who allowed the property to deteriorate to its present condition. He also had another property that was purchased at 75 South Main Street that there were complaints on, but no hearing was held. By agreement, the Fair Rent Commission allowed Mr. Maleh to delay work on the properties under discussion at this hearing because he thought that he could finish the repairs on 75 South Main within six weeks. That did not prove to be the case.
Mr. Patterson commented that most of the repairs have been completed as of this date. There is a leak in Mr. Vega’s apartment in the bathroom and one in Mr. Fludd’s apartment and maintenance has been notified. There is ongoing work on the site and a dumpster has been requested to put the debris in, but has not been put into place as of today. There is still a need for an exterminator and a company has not been brought onto the property to do the work as of today.
Ms. Devitt stated that the Fair Rent Commission has not received the documentation requested in the agreement. One is the electrical verification and a notice that the professional exterminator is being engaged.
Attorney Nakian stated that he received a document stating that the exterminator had been secured by a letter dated November 4, 2002, to his office. Attorney Nakian presented the closing documents on the two properties. He stated they were purchased in distress and Mr. Maleh is unable to refinance one of them. The cost for the properties to be repaired is thousands of dollars. He has had serious problems with another property in Stamford that has impacted his ability to make needed corrections on the properties at issue.
Ms. Devitt was given a copy of the extermination letter. It was designated Exhibit 20. Closing statements on the Norwalk properties were designated Exhibit 21A&B. Exhibit 21A is 75 South Main and 21B is 101 Woodward Avenue.
Attorney Nakian stated that the repairs take a long time due to the volume and deterioration of the buildings.
Mr. Patterson stated that the leak in the bathroom is a new one in Mr. Vega’s residence. The leak in Mr. Fludd’s area is a recurring situation that has been given to maintenance to repair again.
Attorney Nakian stated that he would instruct Mr. Maleh to secure a dumpster within the next few days. Mr. Maleh complained to his attorney that neighbors put their garbage in the dumpster and it gets filled before his work is complete.
Mr. Patterson stated that the Fire and Health Department reports involved the entire property, not just the two apartments of Mr. Fludd and Mr. Vega. There have been no sign offs on the findings of the two departments. The five units involved have not been addressed at this time.
Attorney Nakian spoke to the costs for the buildings from a document sent to his office today. There are approximately $3,400-$3,700 per month in expenses to be paid in order to break even at the current rent levels. This expense does not include the cost of the repairs. Mr. Maleh asked that upon completion of the work that the Commission approve the increase of the rent to $900 that he believes is fair market value.
Mr. Booth expressed that Mr. Maleh did not meet the agreement as specified.
Attorney Nakian stated that cash is required to pay the workers and contractors to make the repairs.
Mr. Patterson stated that the major overwhelming issues have been repaired, other than the extermination and dumpster. Some windows have been replaced, not all. He stated that he is not ready to sign off on the project as completed.
Attorney Nakian presented current photos of the property for the Commission to review along with a letter from Mr. Maleh. These documents represented Mr. Vega’s unit and became Exhibit 22.
Ms. Devitt read the letter stating what repairs had been made in Mr. Vega’s apartment. Mr. Vega had an interpreter for the entire session as he speaks only Spanish. She asked Mr. Vega to verify whether these things were completed as stated. With regard to the exterior, Mr. Fludd was asked to comment on the exterior items.
Mr. Vega commented that outlet covers are not all in place. He also stated that he was never told he could not use the small porch as a bedroom. He does so because it is the only private space in the unit.
Mr. Murray inquired whether the female occupant was told not to use the porch for sleeping.
Mr. Vega said that the landlord does not speak with anyone in the unit but himself.
With respect to the one remaining extension cord, Mr. Vega stated it goes into the basement and the electrician did not put in the outlet as he requested so that it could be removed like all the others that ran under the carpet.
Ms. Devitt asked Mr. Vega whether he had any comments or questions regarding his unit at this time.
Mr. Vega stated that the bath tub leaks when they shower and water runs behind the refrigerator. There is leaking in the wall as well as from the tub itself. It has been happening for about two weeks. He spoke to Mr. Rojas about it one week ago. This is a new issue. He further stated that the roach infestation is his first priority and it is so great that the they look like beans thrown on the floor at night. He said the spray he is using is possibly giving them health problems. They have a small baby.
Ms. Devitt stated that Mr. Maleh has been asked to get an exterminator for one year to get rid of the roaches. She stated to Attorney Nakian that she was distressed that the roach infestation was not addressed until the construction was almost completed.
Mr. Patterson added that Mr. Maleh had new cabinets, counter tops and a sink put into the kitchen. He further stated that the roaches were observed a year ago and he did not feel that the Vegas contributed to the roach infestation as they keep a very good home. There is a new vanity and bathroom window in the bathroom.
The bills for Bartoli Electric and other expenses were marked Exhibit 23. It was noted that Bartoli cannot get into the basement to complete the work.
Mr. Fludd stated that the roaches are of concern. The house is cold due to no storm windows. The plaster has been repaired and the bathroom has been repaired as well. The bicycles are stored on the level where Mr. Fludd lives and they are damaging his door and are left in the hallway. They are a problem in front of his door. It is difficult for him to exit. He has a walking disability and does not want the obstruction.
Mr. Patterson has asked Mr. Maleh to send a letter to the owners of the bicycles as they are a hazard to Mr. Fludd and a fire hazard in the hallway. The bikes are locked up in the hallway so as not to be stolen.
Mr. Roberts inquired whether all the items Mr. Fludd had complained about have been repaired.
Mr. Fludd commented that the leaking ceiling has reoccurred and needs to be addressed again.
Mr. Roberts reviewed the documentation from Mr. Maleh stating what was repaired.
The storms and screens need to be put in place. The kitchen light fixture still operates from a pull chain.
Ms. Devitt will check to see if the pull chain in the kitchen is code compliant or whether a wall switch should be installed.
The document for Mr. Fludd’s unit was made Exhibit 24.
Mr. Fludd stated that the heat, leaking windows and the roaches are still a problem.
Attorney Nakian presented additional pictures of replaced or repaired items.
Attorney Nakian asked how big an issue the bicycles are to the first floor tenants.
Mr. Fludd responded that the bikes need to be placed elsewhere. He is disabled and this blocks his exit to the hallway.
Mr. Booth asked Attorney Nakian to contact Mr. Maleh and ask that material that belongs to previous tenants be removed from the cellar so that the current tenants can use the space to store things like the bikes.
Mr. Vega spoke to the rent increase. He will be paying $800 plus $35 for electric, hot water and heat according to his new statement.
Ms. Devitt stated to Attorney Nakian that residential electric is to be paid by the tenant only for that which flows through his unit and is metered in his name. Any common area utility the landlord should pays for. If he wishes that the tenants share the shared utility, it must be included in the rent, not rent plus a utility cost as the tenant has electrical service in his own name. The pattern Mr. Maleh is using is for a commercial building in the State of Connecticut.
Mr. Fludd stated that the common lighting for various parts of the house are on his meter including some of Mr. Vega’s circuits.
Mr. Simms inquired whether Mr. Maleh is the sole owner. Attorney Nakian said he is the sole owner but possibly his wife is on the deed.
Mr. Simms asked how long Mr. Fludd has been in the building. Mr. Fludd responded that he has been there 16 years. He also said that the constant water problem may have contributed the excessive roach infestation.
Mr. Simms asked whether Mr. Fludd has to call Mr. Maleh directly or a maintenance person.
Mr. Fludd responded that he calls Mr. Maleh long distance at his new residence.
Mr. Roberts asked how long Mr. Vega has lived in the building. Mr. Vega responded that he has lived there six years.
Mr. Stumpf asked what the condition of the building was when Mr. Fludd moved into the building.
Mr. Fludd stated that the building was in good condition. When he was able he maintained the whole house as the handyman. He has suffered a back injury and is now disabled and no longer carries out that responsibility.
Mr. Stumpf inquired whether the leak in the ceiling in Mr. Fludd’s unit was an inside or an outside wall. Mr. Fludd stated that the leak is from the bathroom above.
Mr. Murray inquired how Mr. Fludd dealt with problems with the current and former owner. Mr. Fludd commented that he made a local call to the former owner who lived in the area. He now calls Mr. Maleh long distance as there is no local contact.
Mr. Patterson stated that the original windows are long and narrow and may require a special order for replacement. This may take time, but winter is now upon the tenants and multi-zoned heat for the building should be looked into for the building.
Ms. Devitt inquired whether Mr. Maleh uses only one contractor for the repairs.
Attorney Nakian stated that there are a number of people to work on the properties. Mr. Rojas is the contact for the contractors, but not for the tenants.
The Commissioners asked Attorney Nakian to encourage Mr. Maleh to give the tenants a local contact to avoid the long distance calls.
Ms. Devitt asked Attorney Nakian to inquire of Mr. Maleh why repairs cannot go on simultaneously.
Ms. Devitt stated that the original increases were to $750 for Mr. Fludd and $800 for Mr. Vega, plus the $35 for each of them.
Mr. Patterson commented that the two tenants have been patient and willing to work with the landlord to maintain their homes.
The Chairman closed the hearing at 9:35 p.m.
REVIEW AND DISCUSSION OF OPEN CASES
** MR. STUMPF MOVED TO TAKE NO ACTION AS RECOMMENDED BY
MR. PATTERSON ON CASE 1454-01, 1466-01,1469-01,1489-02, 1490-02, 1491-02 AND 1493-02.
** MR. ROBERTS SECONDED.
** MOTION PASSED UNANIMOUSLY.
** MR. SIMMS MOVED TO CLOSE CASE 1492-02.
** MR. STUMPF SECONDED.
** MOTION PASSED UNANIMOUSLY.
PRESENTATION OF NEW CASES
** MR. BERNARD MOVED TO HEAR CASE NUMBER 1495-02, 1496-02
AND 1497-02.
** MR. STUMPF SECONDED.
** MOTION PASSED UNANIMOUSLY.
** MR. STUMPF MOVED TO HEAR CASE 1498-02.
** MR. ROBERTS SECONDED.
** MOTION PASSED UNANIMOUSLY.
DECISION AND FINDINGS CASE NO. 1467-01 & 1470-02
Findings
Standard I does not apply to Mr. Vega but does apply to Mr. Fludd.
The landlord was not present but was represented by Counsel.
Both tenants are cooperative with the landlord.
Landlord has done most of the repairs.
Landlord has had difficulty in prioritizing the properties for repair.
Although the Commission has canceled hearings and made agreements with the Landlord, the tenants have undergone hardship due to lack of repairs
There is no local phone contact for reporting problems to the landlord
Both tenants are satisfied with the work that has been done
Major areas of concern outstanding:
Infestation of roaches and an ongoing program to control them
Copy of contract signed November 4, 2002
Remaining electrical problems-one extension cord, kitchen light in Fludd’s unit
Tenants pay electrical cost, but do the meters reflect each tenants use
Allocation of use of the common area electrical
Storm windows not yet delivered or weather stripped to improve the seal
Each apartment should have its own thermostat to control its own heat
A furnace for each unit or zone in order to heat each unit
Yard is cluttered with debris and the cellar is largely inaccessible due to pile up of materials from previous tenants
Access to the cellar by the tenants for storage needs to be arranged
Use of the cellar would eliminate congestion in the common areas of bicycles
All existing tenants need to identify their possessions in the cellar and remove them temporarily so that all else can be destroyed
Cleanup of cellar should include removal of oil tank
Landlord needs to address current leaks in Mr. Vega’s bathroom and that which reappeared in Mr. Fludd’s living room ceiling
There is a need for a more accessible communication between landlord and tenant due his living out of state, i.e., an individual or a management company for emergencies at the property
The rental comparisons were not valid as they were for his own property
Comments were made and the tenants were informed that the windows were on order
The tenants stated that the roach infestation has increased in the last 11 months
Decisions
If the repairs are not completed by November 30, the tenants will pay their rent in escrow to the Fair Rent Commission
If the windows are not on site by the date indicated, confirmation of delivery and installation date must be submitted
Fair Rent is to be notified when roach extermination begins prior to November 30th.
A dumpster is to be placed on the site for removal of debris immediately.
Engage a contract for the heating work to be done by November 30th.
Cellar to be cleared by November 30th.
Deny the $50 and $35 increase, but the rent will include an additional $25 bringing Mr. Vega to $825 and Mr. Fludd to $775.
** MR. BERNARD MOVED TO AUTHORIZE THE CHAIRMAN TO SIGN
THE DECISIONS IN THE NAME OF THE COMMISSION IF, IN HIS OPINION, IT REFLECTS THE DELIBERATIONS OF THE COMMISSION.
** MR. SIMMS SECONDED.
** MOTION PASSED UNANIMOUSLY.
MOTION TO ADJOURN
The Chairman adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Alvina L. Richardson Decker
Telesco Secretarial Services
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