Fair Rent Commission

MINUTES FAIR RENT COMMISSION SPECIAL MEETING (HYBRID) OF FEBRUARY 21, 2024 Present: Commissioner/Chair Rakim Grant; Commissioner/Vice Chair Caitlin Duffy; Commissioner Kirk Hart; Commissioner Rob Kronenberger; Commissioner Rob Rosenthal; Commissioner Sal Calvo; Commissioner Alagar Venkataswamy. Staff: Atty. Philip G. Kent, as outside counsel for the Commission Public: Atty. Darrell Fennell, Atty. Ian Gottlieb; Atty. Charlene Lynton; Vincent Maruffi; Robert Chasse; Alexis Watts; Jose; Andrew 1. Call to Order: The Special Meeting was called to order at 6:43 p.m. 2. Public Comment: Attorney / complainant Darrell Fennell spoke concerning the proposed statute of limitations under discussion by the Commission. Specifically, he opined on whether the City’s FRC Ordinance permits a statute of limitations and discussed the procedural nature of a statute of limitations while also recognizing its impact on substantive rights. No other member of the public elected to offer public comment. 3. Approval of Minutes Commissioner Kronenberger made a MOTION to approve the minutes of the January 17, 2024 Special Meeting. Commissioner Rosenthal seconded the motion and the motion passed unanimously. 4. Correspondence Atty. Kent reported to the Commission concerning two emails from Atty. Fennell withdrawing the Burgess and Huynh complaints. 5. New Business A. Discussion re additional revisions of Bylaws 1. Statute of Limitations issue The Chair tabled discussion of the statute of limitations issue to the next meeting. 2. Other potential amendments The Chair called for any other potential amendments, but none were raised. Accordingly, the Chair tabled the issue to the next meeting. B. Discussion re various issues 1. Amending complaint form Atty. Kent presented an amended complaint form to the Commission with respect to changes discussed in the prior special meeting. (i.e., making clear that complaints, in addition to excessive rent, may also relate to health and/or safety violations; adding check boxes to the top of the form related to the substance of the complaint; highlighting the requirement to submit documentation or other relevant evidence with the complaint; and having additional room to specify additional relevant information). Commissioner Rosenthal raised that the requirement for documentation or other evidence may appear too daunting to some complainants. Vice Chair Duffy indicated she did not find the language too aggressive and that it was in plain language. She suggested keeping the language and keeping it at the top of the document following the reasoning of the Commission in the last meeting. Chair Grant agreed. Commissioner Hart believed both concerns could be accommodated, and Commissioner Venkataswamy agreed and suggested that providing documents was in the discretion of the complainant or “if available.” Chair Grant was unsure of the impact of stating somehow that documentation was optional. Vice Chair Duffy suggested language. Commissioner Rosenthal asked further questions on specific sections of the form and how they interrelate or otherwise inform the Commission, which was briefly discussed. Commissioner Rosenthal also suggested adding the mailing address for complaints at the end of the form. Atty. Kent will prepare another amended version of the form for further discussion and possible adoption at the next meeting. 2. Informing community re FRC – Mayor’s press release The Commission discussed briefly the status of the Mayor’s proposed press release and a draft flyer concerning the Commission prepared by Commissioner Rosenthal, which was circulated to the Commissioners. Commissioner Venkataswamy expressed concern with the time taken to get a press release completed. The Chair will follow up with the Mayor concerning the press release and related issues. 3. Letter to Mayor re FRC suggestions The Vice Chair reported that the letter is still on hold pending the press release and also based on the fact that more time may be needed to come up with specific suggestions, with which the Chair agreed. The Chair tabled the issue for a future meeting. C. Discussion of pending complaints, mediation, answer dates and scheduling Hearings Atty. Kent reported regarding mediation on February 15, 2024, with Atty. Gottlieb and Atty. Fennell. No complaints were resolved but two were withdrawn in the interim as noted. Atty. Fennell added that due to Ann Gardner having passed away and related issues, the Gardner complaint may be withdrawn. Without objection from Atty. Fennell, the Gardner complaint will not be scheduled for a hearing at this time. Atty. Kent also reported on a new complaint from Stone 2 and Jennifer Foster against Windshire. Atty. Kent inquired as to whether there was any additional movement towards resolving any of the Kosel related complaints but none was reported. The Commissioners further discussed scheduling, the fact that answers were received in relation to the Kosel complaints and determined to place the Fennell and Foster complaints on the agenda for the next meeting, subject to change, with notice to issue. Atty. Fennell also moved to consolidate the cases due to purported common issues and facts as to a certain witness concerning such common issues and facts. Atty. Gottlieb objected to consolidation and argued there is no authority, and each case must proceed on its own merits. He suggested that if the cases were consolidated, he would immediately appeal. He also argued that contract law principles apply such that consolidation would prejudice his client. Atty. Gottlieb suggested bringing the witness back to each hearing. Atty. Fennell pointed to Ordinance § 14-76 C, which permits consolidation and relief on federal evidentiary principles for the admission of prior sworn testimony. Further law and argument were presented and discussed at length. The Commissioners discussed the issue and Atty. Kent reviewed the Ordinance with the Commissioners and suggested reserving the decision until the “common” witness is called and testimony is heard in the initial case. Atty. Fennell proffered that the witness will speak to alleged disinvestment in the Kosel property complex. The Commissioners agreed to reserve decision on consolidation until hearing from the “common” witness. A short recess was then taken at 7:30 p.m. At the conclusion of the meeting, prior to adjournment, further discussion of scheduling was held. The Commissioners determined to schedule the Maruffi, Venkataswamy and Fennell complaints for the next regular meeting in March 2024 and to not schedule the Foster matter given the projected time for the remaining Kosel complaints, with notice to issue accordingly. In addition, Atty. Fennell agreed to advise whether he plans to testify in the Maruffi and Venkataswamy matters by March 1, 2024. Atty. Gottlieb agreed to object thereto, if needed, by March 8, 2024. 6. Old Business A. Hearing / deliberations / decision re Maruffi complaint The Chair called for the hearing on the Maruffi complaint to commence. Atty. Fennell and Atty. Gottlieb made opening statements. Atty. Fennell then called former Kosel superintendent Robert D. Chasse, who was sworn under oath. In general, over the course of the hearing, Mr. Chasse testified to his work experience and credentials; his history of employment with Kosel / Up Realty; maintenance staffing, supervision, hiring and firing at the complex over time; the layout and particulars of the complex; the transfer of ownership of the complex; work orders, repairs, unit rehabs and improvements at the complex; certain non-renewals as to seniors at the complex; contractor issues, flooring issues, sound proofing issues, electrical issues, and plumbing issues at the complex after defendant purchased the complex; and security, thefts and buzzer system issues. Atty. Gottlieb lodged numerous objections in the record throughout the hearing as reflected in the recording. Atty. Gottlieb cross-examined Mr. Chasse with respect to various expenditures made at the complex as to appliances, garbage disposals and snow removal; security issues; plumbing issues; deck replacements; floor replacement; window replacement; dog park and playground installation and capital improvements. Atty. Fennell asked limited redirect followed by Atty. Gottlieb’s limited re-cross. 3  Commissioners Salvo and Kronenberger inquired regarding permits for work being done at the complex and discussion ensued. Alexis Watts was sworn in to testify briefly concerning the issue of permits. Atty. Fennell also stated during the hearing that he intended to be a witness in each case, which lead to further objection and discussion, especially concerning the Rules of Professional Conduct pertinent to Connecticut attorneys. Commissioner Kronenberger made a MOTION to not consolidate the Kosel related cases. Vice Chair Duffy seconded the motion. Commissioner Hart offered comments, and there was a brief exchange between Commissioner Hart and Atty. Gottlieb. The Chair called the vote. The motion passed with Commissioner Rosenthal opposing and Commissioner Venkataswamy recusing himself (as he did throughout the Maruffi hearing). Commissioner Rosenthal sought clarity from Atty. Gottlieb concerning Defendants’ position as to whether the complainant had a right to file a complaint in this forum. Atty. Gottlieb stated that the tenant signed a lease and could not engage in buyer’s remorse by complaining to this body after executing a lease with knowledge and the ability to negotiate. Commissioner Kronenberger inquired about the percentage of rent increases between 28 to 40 percent. Atty. Gottlieb presented a HUD document concerning fair rent in the area and promised to bring a witness to the continued hearing to address the issue. The Maruffi hearing subsequently was tabled to the next meeting. B. Hearing / deliberations / decision re Venkataswamy complaint This matter was not taken up given that the Maruffi case remains in progress. 7. Executive Session, if needed Not applicable. 8. Adjournment: Commissioner Kronenberger made a MOTION to adjourn, and Commissioner Calvo seconded the motion, which passed unanimously. The meeting adjourned at 9:56 p.m. 4