Fair Rent Commission

MINUTES FAIR RENT COMMISSION REGULAR MEETING (HYBRID) OF NOVEMBER 13, 2024 Present: Commissioner/Chair Rakim Grant; Commissioner Robert Rosenthal; Commissioner Sal Calvo; Commissioner Robert Kronenberger; Commissioner Darrell Fennell. Staff: Atty. Philip G. Kent, as outside counsel for the Commission Public: Atty. Herbert Reckmeyer; property manager Sabra Sarandrea; tenant David Yeboah (remote) 1. Call to Order: Commissioner / Chair Grant called the Meeting to order at 7:04 p.m. At that time, Commissioner Kronenberger made a MOTION to hear the Yeboah matter first (Old Business 6.B. on agenda) as Mr. Yeboah was attending remotely from work. Commissioner Calvo seconded the motion, which passed unanimously. 2. Old Business 6.B. – Hearings / deliberations / decision re Yeboah complaint The following is a summary only. Please review the recording for more details. Accordingly, the Chair called the case for hearing. Atty. Kent reviewed the hearing procedure with the parties and the Commissioners. Mr. Yeboah presented his argument and testimony that his rent is excessive based primarily on alleged lack of amenities, failure to maintain cleanliness in the hallways and poor street lighting. Atty. Reckmeyer gave an opening statement and a summary of his evidence addressed to the various factors required to be considered under the Ordinance. He stated this rent increase is just 7.6% and supported by market data as an undervalued apartment for which he already signed a new lease and been paying the agreed rent increase, which he argued demonstrates Mr. Yeboah also can afford the rent. He argued that the landlord also has made substantial improvements. Mr. Yeboah responded to the opening statement and agreed that he has been paying the increased rent since August 2024 but reiterated the lack of amenities compared to other similar units at the building and nearby. He further testified he is not looking for a break but only a fair outcome. He further discussed conditions at the complex and asserted he had a video to show. Although given the opportunity to email same for viewing and agreeing to do so, Mr. Yeboah did not email the video during or after the hearing. Atty. Reckmeyer introduced four exhibits being the executed lease addendum, the rent ledger, the rent comparison data and a renovation spreadsheet. Atty. Reckmeyer called the property manager, Sabra Sarandrea to testify concerning changes in property management, conditions, cleaning, and various improvements to Mr. Yeboah’s unit, except for a washer/dryer. She testified that Mr. Yeboah could request the washer/dryer for $50/month  and that no repair requests were made. Landlord also argued that prior rent increases were more and that no new increase was on the horizon other than the one at issue, although taxes and market rate have increased. Ms. Sarandrea indicated there would be no increase (within reason going forward) unless the tenant wanted to add a washer/dryer. Mr. Yeboah briefly cross examined and indicated he would pay $50/month for the washer/dryer. At this point, discussion ensued about a potential mediated resolution in place of a decision by the Commission. In summary, Landlord offered to set the rent at $1,450 (including the washer/dryer fee) through July 31, 2026, if a washer/dryer could be accommodated in the unit and to report back within about 10 days as to whether that could occur in compliance with code, which is the same rent similar units pay. Mr. Yeboah agreed that if the washer/dryer can be added, he would accept this resolution. Based on the above mediated resolution, Commissioner Calvo made a MOTION to table this matter pending said determination re the washer/dryer. Commissioner Rosenthal seconded the motion, which passed unanimously. 3. Public Comment: Commissioner / Chair Grant called for public comment with no response. 4. Approval of Minutes Commissioner Kronenberger made a MOTION to approve the minutes of the October 9, 2024 Regular Meeting. Commissioner Calvo seconded the motion. In discussion, Commissioner Rosenthal offered an amendment to correct spelling. Commissioner Kronenberger amended his MOTION to add the correction, which Commissioner Calvo seconded. The motion passed unanimously without further discussion. 5. Correspondence Atty. Kent reported on correspondence from Deputy General Counsel Kori Wisneski re referring members of the public to appropriate city departments should their issues fall outside the jurisdiction of this Commission. 6. New Business A. Welcome new Commissioner Atty. Kent and the Commissioners recognized and welcomed Commissioner Darrell Fennell to the Commission. B. Discussion / Set / Schedule 2025 meeting dates Atty. Kent presented a proposed meeting schedule, which the Commissioners discussed briefly. Commission Kronenberger pointed that June 11 is the annual car show date and the Commission elected to remove that date and set a special meeting as needed. Commissioner 2 Rosenthal made a MOTION to approve the schedule as amended without the proposed June 11, 2025 date, which was seconded by Commissioner Kronenberger, and which passed unanimously. C. Discussion and/or vote re additional revisions of Bylaws Atty. Kent presented to the Commission materials previously raised by Commissioner Fennell as to three proposed amendments to the bylaws. Commissioner Kronenberger made a MOTION to amend the bylaws section 6.1 (b) and (d) to remove language of dismissal due to sale, assignment or transfer of a unit to a new owner, in accord with the Ordinance. Commissioner Calvo seconded the motion, which passed unanimously. Commissioner Calvo made a MOTION to amend the bylaws section 6.1 (b) and (d) to remove language of dismissal when a tenant moves if there is a retaliation claim over which the Commission still has jurisdiction. Commissioner Rosenthal seconded the motion, which passed unanimously. Commissioner Kronenberger made a MOTION to amend the bylaws section 6.3 (I) to change the 60 days period noted to 30 days to issue a decision, in accord with the Ordinance. Commissioner Rosenthal seconded the motion, which passed unanimously. Atty. Kent shall prepare new bylaws for review and approval at the next meeting. D. Discussion re various issues 1. Informing community re FRC – Flyer Commissioner Rosenthal reported that the flyer was completed with assistance from Deputy General Counsel Kori Wisneski and has started to be distributed in various places in the city. Commissioner Rosenthal provided a list of places to visit to post/leave the flyers and asked for others to assist, which the Commissioners agreed to do. Commissioner Kronenberger suggested that the recreational center be included as a place of distribution as well. 2. Letter to Mayor re FRC suggestions After brief discussion, the Commissioners removed this agenda item from the agenda, subject to revisiting same as needed in the future. 3. Other/General Atty. Kent and the Commissioners discussed amending the notices of complaint and/or hearing procedures to set forth that exhibits should be submitted a week in advance and that if there is no timely answer submitted as to complaints then allegations in the complaint may be deemed admitted. Atty. Kent will make those changes in the notices. E. Discussion of pending complaints, mediation, answer dates and scheduling Hearings 1. Field complaint status Atty. Kent reported having located no authority to date clearly indicating a lack of jurisdiction (and no such argument from the landlord) such that the complaint regarding a DOH congregate housing unit / tenant, will be scheduled for a hearing. The Commission asked Atty. 3 Kent to also inform tenant concerning the existence of the Connecticut Fair Housing Center as a resource. 2. Andrews / Bisson complaint status Atty. Kent reported that the complaint was received, and that notice issued with an answer date of August 27, 2024. Atty. Kent reported that Atty. Gottlieb, landlord’s counsel, continues to raised potential jurisdictional issues involving a separate housing code enforcement matter but has made no formal motion in that regard. Atty. Kent invited Atty. Gottlieb again to submit a written objection to jurisdiction. 3. Gallagher complaint status Atty. Kent reported that this new complaint was received and notice sent with an answer date of October 23, 2024. 7. Old Business A. Report re Vincenzo order Atty. Kent presented the agreed stipulated order to the Chair, who executed same. The order will be disbursed to the parties / counsel of record, as applicable. B. Hearing / deliberations / decision re Yeboah complaint See above. 8. Executive Session, if needed Not applicable. 9. Adjournment: Commissioner Kronenberger made a MOTION to adjourn, and Commissioner Rosenthal seconded the motion, which passed unanimously without further discussion. The meeting adjourned at 8:52 p.m. 4