§ 9-37
Powers.
[Ord. No. 203, 1-16-1990]
Pursuant to C.G.S. §§ 7-148b through 7-148f, the fair rent commission shall have the following powers:
(1)
To make such studies and investigations into rentals charged for housing accommodations within the town as it deems appropriate to carry out its responsibilities hereunder.
(2)
To receive complaints, inquiries and other communications concerning alleged excessive rental charges in housing accommodations within the town pursuant to section 9-38.
(3)
To conduct hearings on complaints or requests for investigation submitted to it by any tenant or any landlord pursuant to section 9-38. For any such hearing, two weeks' written notice by registered or certified mail, postage prepaid, shall be given to all parties concerned involved in the complaint of the housing accommodations in question. If any notice is returned without having been delivered, the commission may arrange for service in the same manner as is provided in state law for service of process in a civil action.
(4)
To subpoena witnesses, compel their attendance at hearings, compel the production of any documents or records relating to any matter before the commission, administer oaths and order a housing code inspection if the complaint is based in part on the conditions of the premises.
(5)
To dismiss a complaint based on the tenant's failure to pay on time the amount of rent due while the case is pending or based on the tenant's failure to fulfill responsibilities described in this article or in the rules and regulations established by the commission for the implementation of this article.
(6)
To determine, after a hearing, whether an existing rental charge with a substantial decrease in major services or a proposed increase in a rental charge for any housing accommodation is so excessive as to be harsh and unconscionable pursuant to the provisions of section 9-40.
(7)
To order a reduction of any excessive rent to an amount the commission considers fair and equitable. In its discretion the commission may make the order retroactive to the effective date requested by the landlord, however, the commission shall not have the power to waive any rent which has become due prior to the filing date of the complaint. Such order shall be in effect for a period for one year from its effective date, except as provided under subsection (9) of this section or if the commission shall, pursuant to a subsequent petition by the landlord or tenant, which may be made by the landlord or tenant at any time, order that the rent be changed.
(8)
To continue, review, amend, terminate or suspend all its orders and decisions.
(9)
To take action as follows upon noncompliance.
a.
If the commission determines after a hearing that a housing accommodation fails to comply with any state or town statute or regulation relating to health and safety, the commission may order the tenant to pay the fair and equitable rent, as determined by the commission, to the commission in accordance with C.G.S. § 7-148d(a).
b.
The commission shall hold such rent in an escrow account, as hereinafter provided, until the landlord makes such repairs or changes as are required to bring the housing accommodation into compliance with such chapters, statutes or regulations.
c.
If the landlord shall have corrected such violations after the order reducing the rent and if the rent had been reduced solely because of such violations, the landlord may petition the commission for the reinstatement of the original rent and for the payment to him of the rent held in the escrow account.
d.
If the landlord shall have corrected such violations after the order reducing the rent, but the rent had not been reduced solely because of such violations, the landlord may petition the commission for an order fixing a fair and equitable rent for such housing accommodation in light of its condition at the time of the landlord's petition and for the payment to him of the rent held in the escrow account.
e.
In any case arising under this subsection, upon reasonable determination of the commission, the original rent or such fair and equitable rent as determined by the commission may be ordered into effect retroactive, at the discretion of the commission, to the date of the petition for reinstatement. No such reinstatement shall be effective until after a hearing is held by the commission in accordance with the provisions of subsection (3) of this section if either the tenant or landlord requests such a hearing.
(10)
To establish an escrow account with a local bank or financial institution into which it shall deposit all rents or other funds paid to it pursuant to subsection (9) of this section. Such funds shall be released to the landlord if he shall be successful in an appeal to the court or if the commission shall order such release after a petition is filed in accordance with subsection (9) of this section.
(11)
To deposit into the escrow account rent paid to the commission by tenants whose landlord has refused to accept the rent after the tenant has filed a complaint or a claim of retaliation. Such rent shall be withdrawn from the escrow account and paid to the landlord upon written request from the landlord.
(12)
To carry out the provisions of C.G.S. §§ 47a-20 and 7-148d(b) concerning retaliatory action by landlords.
(13)
To adopt rules and regulations for the implementation of all sections of this article, to take all actions authorized under law to enforce the powers and duties of the commission and to carry out the purposes of this article.
(14)
The fair rent commission may request that the town attorney, or any suitable person meet with the parties, if the parties consent, in a session closed to the public, to attempt to reconcile differences between the parties prior to initiating the formal hearing process. Any agreement between the parties as a result of such meeting must be in writing signed by the parties and witnessed by the conciliator.