Introduction
By Charter and Ordinance, the Stamford Social Services Commission enforces the City's Fair Rent and Human Rights (anti-discrimination) laws, acts as an oversight committee in areas pertaining to the social welfare of Stamford's citizens and promotes policies and strategies to ensure that no resident of Stamford will be without the guidance or information needed to help them obtain the essentials of shelter, sustenance and provisions for health.
The Social Services Commission Coordinator, as staff to the Commission is responsible for providing substantive responses to citizen inquiries in connection with housing related issues, including, but not limited to: landlord rights; tenant rights; eviction; relocation; public housing; senior housing; and the requirements and limitations of public funding programs;
- investigating, conciliating, and/or administering hearings held in connection with excessive rent or decreased service complaints brought pursuant to state law and local ordinance;
- providing substantive responses to citizen inquiries in connection with illegal discriminatory practices and human rights violations;
- investigating, conciliating, and/or administering hearings held in connection with complaints of discriminatory practices brought pursuant to state law and local ordinance.
Fair Rent Function
In its capacity as the City's Fair Rent Commission, the Commission receives, investigates, processes, resolves or hears tenant complaints alleging unfair rent increases, service reductions or retaliatory actions.
How Does Fair Rent Differ From "Rent Control?"
"Rent control" which sets maximum rents that may be charged for apartments and rooms does not exist in Connecticut. However, Fair Rent Commissions may be authorized to adjust tenant rents on a case-by-case basis in response to "excessive rent complaints." Fair Rent Commissions cannot set rent levels for vacant apartments, apartments in public housing complexes, or apartments occupied by tenants who have not filed complaints.
Under What Circumstances Might a Tenant File an Excessive Rent Complaint with the Commission?
A tenant might file a complaint if:
1) the tenant has been notified of a substantial increase in rent which would cause the rent to be higher than what other tenants in the community are paying for similar apartments;
2) a major service which the landlord had previously supplied has been decreased to an extent that affects the rental value of the apartment; or
3) it appears that the landlord has requested the rent increase in retaliation for the tenant's having made a request for repairs; a health, safety or housing code inquiry or complaint to the City; or taking some other action which the landlord perceived as adverse.
When Will the Commission Be Unable to Accept an Excessive Rent Complaint?
The Commission cannot accept complaints from:
1) tenants who owe back rent;
2) tenants who have already signed leases agreeing to the requested rent; or
3) tenants whose landlords have already begun legal eviction proceedings against them.
What Amount of Rent Should a Tenant Pay While an "Excessive Rent" Complaint is Pending?
After filing a complaint, a tenant should continue to pay rent on time and in the amount in effect at the time the complaint was filed. If a tenant fails to make timely payments, the Commission will dismiss his complaint. If a landlord refuses to accept rent because his tenant has filed a complaint, arrangements can be made for the tenant to pay the rent into the Commission's escrow account.
How Does the Commission Process Excessive Rent Complaints?
Once a tenant has filed a complaint, a copy of that complaint is sent to the landlord along with a letter 1) requesting that the parties work with Commission staff in an effort to settle the complaint by mutual agreement; 2) explaining the Commission's investigatory process; and 3) advising him that an administrative hearing will be scheduled if the parties are unable to reach a mutually acceptable agreement.
The standard excessive rent investigation includes an on-site inspection of the apartment by City housing code enforcement staff; research into City records to verify legal ownership of, and the amount of taxes levied against, the building in question; and preparation of a rent survey showing amounts charged for other apartments of similar size, age, condition and services. If violations of the housing, health or fire safety codes are found during the inspection, appropriate orders will issue.
What is the Procedure at an Excessive Rent Hearing?
At excessive rent hearings, which are conducted pursuant to informal, administrative procedures, staff presents the results of the City investigation after which, in turn and under oath, the parties are permitted to testify and present relevant evidence. Commissioners are able to ask questions at any time.
Once the hearing has concluded, the Commission sets a time to review, discuss and consider the complaint as well as the evidence and testimony as presented at the hearing. Landlords whose apartments are found to have serious uncorrected housing, health or fire code violations can, at best, expect the Commission to freeze rents until, depending on the nature of the violations, they complete all necessary repairs to the satisfaction of the code inspector, the fire marshal, or both. In cases where a landlord fails to make, or is untimely in making the repairs necessary to comply with laws relating to health and safety, the Commission may order the tenant to pay rent into its escrow account.
How Does the Commission Determine Fair Rent?
In determining whether a rental charge or a proposed increase in a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable, Connecticut law instructs Commissions to consider such of the following circumstances as are applicable to the type of accommodation:
1. the rents charged for the same number of rooms in other housing accommodations in the same and in other areas of the municipality;
2. the sanitary conditions existing in the housing accommodations in question;
3. the number of bathtubs or showers, flush water closets, kitchen sinks and lavatory basins available to the occupants thereof;
4. services, furniture, furnishings and equipment supplied therein;
5. the size and number of bedrooms contained therein;
6. repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein;
7. the amount of taxes and overhead expenses, including debt service, thereof;
8. whether the accommodations are in compliance with the ordinances of the municipality and the general statutes relating to health and safety;
9. the income of the petitioner and the availability of accommodations;
10. the availability of utilities;
11. damages done to the premises by the tenant, caused by other than ordinary
wear and tear;
12. the amount and frequency of increases in rental charges;
13. whether, and the extent to which, the income from an increase in rental
charges has been or will be reinvested in improvements to the
accommodations.
Once the Commission has determined the amount of "fair rent," its written decision stating that amount and setting its duration (up to a period of one year from the effective date set by the Commission) is sent to both parties. Thereafter, the tenant must pay, and the landlord must accept the set rent. Either party may appeal the Commission's decision to the Superior Court (Housing Session).
What is the Remedy for a Proven a Claim of Retaliation?
If a claim of retaliation cannot be resolved by mutual agreement, it will be investigated and subjected to the hearing process. Thereafter, if the Commission concludes that the landlord's requested increase was in retaliation for the tenant's request for repairs or some other action on its part, the Commission has the power to order the landlord to "cease and desist" from such retaliatory action. |