Fair Rent Commission

MINUTES FAIR RENT COMMISSION SPECIAL MEETING (HYBRID) OF DECEMBER 20, 2023 Present: Commissioner Rakim Grant; Commissioner Caitlin Duffy; Commissioner Kirk Hart; Commissioner Rob Rosenthal; Commissioner Sal Calvo; Commissioner Alagar Venkataswamy (virtual). Staff: Attorney Philip G. Kent, as outside counsel for the Commission Public: Hope Kasper; Jonathan Kasper; Darrell Fennell 1. Call to Order: Meeting was called to order at 6:36 p.m. 2. Public Comment: Complainants Hope and Jonathan Kasper spoke regarding their extant complaint and having received a notice to quit on the same day they filed their FRC complaint. They indicated the landlord told them to just move to Florida. The Kaspers reported on the ownership history of the property and relayed that they may move out and would like some time to do so. They also expressed that between January 2024 and March 2024, they may be in Florida where they own a property. The process of mediation was briefly discussed and the Kaspers were told that they may have rights that they can discuss with counsel of their choice. Attorney and complainant Darrell Fennell spoke regarding various sections of the proposed bylaws, including provisions regarding the role of outside counsel; evidentiary rules for hearings; voting; and statute of limitations. 3. Approval of Minutes Not applicable. 4. Correspondence Not applicable. 5. New Business A. Introductions Attorney Kent and each Commissioners briefly introduced themselves to each other and the public.  B. Workshop / Training Attorney Kent conducted a workshop / training with the Commissioners regarding the Connecticut Freedom of Information Act’s application to public hearings and public records, the Middletown Ethics Code, and the Middletown Fair Rent Ordinance. C. Discussion, Revision, and Adoption of Bylaws Attorney Kent reviewed the proposed bylaws with the Commissioners who then made various amendments to the bylaws. Commissioner Duffy made a MOTION to amend section 1.5 of the bylaws to add that the bylaws be posted on the website publicly within five days, and Commissioner Grant seconded the motion, which, after further discussion, passed unanimously. Commissioner Hart made a MOTION to amend section 2.2 of the bylaws to amend “Chairman” to “Chair” and amend all gendered language in the bylaws to gender neutral language, and Commissioner Duffy seconded the motion, which passed unanimously. The Commissioners then discussed staffing for the Commission under section 3.0 of the bylaws and may make recommendations in the future. After discussion, Commissioner Rosenthal made a MOTION to delete section 6.3 C. of the bylaws concerning the Commission’s counsel ruling on evidentiary matters, and Commissioner Hart seconded the motion, which, after further discussion, passed unanimously. After discussion, Commissioner Hart made a MOTION to amend section 6.3 I. of the bylaws to require a simple majority vote of the members present and voting, including seated alternates, to find a violation, and Commissioner Grant seconded the motion, which passed unanimously. After substantial discussion, with additional public comment allowed by the Commission from complainant Darrell Fennell, Commissioner Duffy made a MOTION to suspend section 6.1 c. of the bylaws, and Commissioner Grant seconded the motion, which, after further discussion, passed on the favorable vote of five of the six Commissioners, with Commissioner Venkataswamy abstaining from the vote due to a conflict of interest in that he has a pending complaint with the Commission. The Commissioners also requested further research from Attorney Kent concerning statutes of limitations within the bylaws. The Commissioners then discussed the mediation process and options under section 6.2 of the bylaws. Commissioner Hart made a MOTION to amend section 7.6 of the bylaws to amend 2 the word “seat” to become “seated” to correct a typographical error, and Commissioner Duffy seconded the motion, which passed unanimously. Commissioner Rosenthal made a MOTION to adopt the bylaws as amended above, and Commissioner Hart seconded the motion, which passed unanimously. D. Discussion and Adoption of Regular Meeting Schedule The Commissioners discussed a regular meeting schedule on the second or third Wednesday of each month beginning in February 2024 following another special meeting in January 2024 based on room availability. The Commissioners requested that Attorney Kent determine with City staff what is available and report back to the Commissioners so that a regular meeting schedule can be set and filed with the town clerk prior to January 31, 2024. E. Nominations and Elections of Chair and Vice-Chair Commissioner Grant made a MOTION to amend section 4.1 A. of the bylaws to add that nominations could be made at the first special meeting of the Commission, and then their first regular meeting noticed each year, and Commissioner Duffy seconded the motion, which passed unanimously. The Commissioners briefly discussed nominations. Commissioner Duffy nominated Commissioner Grant for Chair and, there being no other nominations, Commissioner Calvo moved to elect Commissioner Grant to such position. Commissioner Hart seconded the motion, which carried unanimously. Commissioner Grant nominated Commissioner Duffy for Vice-Chair and, there being no other nominations, Commissioner Calvo moved to elect Commissioner Duffy to such position. Commissioner Hart seconded the motion, which carried unanimously. F. Discussion of pending complaints and scheduling Hearings The Commissioners discussed the eight pending complaints briefly and determined to hear the Long complaint and the Kasper complaint at the special meeting to be scheduled in January 2024. 6. Old Business Not applicable. 7. Executive Session, if needed Not applicable. 3 8. Adjournment: Commissioner Hart made a MOTION to adjourn and Commissioner Calvo seconded the motion, which passed unanimously, and the meeting adjourned at 10:08 p.m. 4