A Fair Rent Commission is created, which shall consist of seven
electors or taxpayers of the Town, who shall serve for terms of four
years. Of the Commissioners who are initially appointed, one shall
be appointed for a four-year term, two shall be appointed for a three-year
term, two shall be appointed for a two-year term and two shall be
appointed for a one-year term. The members of the Commission shall
be appointed by the Mayor with the approval of the Council. Vacancies
on the Commission shall be appointed in the same manner for the unexpired
portion of the term. Members of the Commission shall serve without
compensation but shall be reimbursed for expenses incurred in the
performance of their duties.
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, the Fair Rent Commission shall
consider such of the following circumstances as are applicable to
the type of accommodation:
A. The rents charged for the same number of rooms in other housing accommodations
in the same and in other areas of the municipality.
B. The sanitary conditions existing in the housing accommodations in
questions.
C. The number of bathtubs or showers, flush waste closets, kitchen sinks
and lavatory basins available to the occupants thereof.
D. Services, furniture, furnishings and equipment supplied therein.
E. The size and number of bedrooms contained therein.
F. Repairs necessary to make such accommodations reasonably livable
for the occupants accommodated therein.
G. The amount of taxes and overhead expenses thereof.
H. Whether the accommodations are in compliance with the ordinances
of the Town of Stratford and the General Statutes of the State of
Connecticut relating to health and safety.
I. The income of the petitioner and the availability of accommodations.
J. The availability of utilities.
K. Damages done to the premises by the tenant, caused by other than
ordinary wear and tear.
L. The amount and frequency of increases in rental charges.
M. 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.
If the Commission determines, after a hearing, that the rental
charge or proposed increase in the rental charge for any housing accommodation
is so excessive, based on the standards and criteria set forth in
this chapter, as to be harsh and unconscionable, it may order that
the rent be limited to such an amount as it determines to be fair
and equitable. If the Commission determines, after a hearing, that
the housing accommodation in question fails to comply with any ordinance
of the Town of Stratford or state statute or regulation relating to
health and safety, it may order the suspension of further payment
of rent by the tenant until such time as the landlord makes the necessary
changes, repairs or installations so as to bring such housing accommodation
into compliance with such ordinance, statute or regulation. The rent
during said period shall be paid to the Commission, to be held in
escrow by said Commission. In order for the Commission to make any
determination that a rental charge is so excessive as to be harsh
and unconscionable, to order that a rental charge be limited to an
amount that it determines is fair and equitable or to determine that
a housing accommodation fails to comply with any ordinance of the
Town, any statute of the state or any regulation relating to health
or safety, it shall require the concurring of at least five Commission
members present at said hearing.
Any person aggrieved by any order of the Commission may appeal
to the Superior Court for the Judicial District of Fairfield at Bridgeport.
Any such appeal shall be considered a privileged matter with respect
to the order of trial as provided in C.G.S. § 7-148e.
Any person who violates any order of rent reduction or rent
suspension by demanding, accepting or receiving an amount in excess
thereof while such order remains in effect, and no appeal pursuant
to § 81-5 is pending, or who violates any other provision
of this chapter or C.G.S. § 47a-20 or who refuses to obey
any subpoena, order or decision of the Commission pursuant thereto
shall be fined not less than $25 nor more than $100 for each offense.
If such offense continues for more than five days, it shall constitute
a new offense for each day it continues to exist thereafter.