(A) Upon receipt of a complaint that a rent is so excessive as to be harsh and unconscionable, the Commission shall review the complaint and determine whether the complaint presents a matter within its jurisdiction.
(B) The Commission may, on its own motion or the motion of any party, consolidate multiple complaints for the purposes of investigation and hearing, in the event the complaints (1) relate to the same action, occurrence or event; (2) involve the same parties; and, (3) raise a common question of law or fact.
(C) The Commission may refer any complaint to the appropriate town, state, or federal agency. However, if the complaint is within the jurisdiction of the Commission, the Commission shall concurrently exercise its powers under this subchapter. The Commission shall notice the complainant and the respondent of referrals made and the referral agency shall notify the complainant and respondent upon receipt of the referral.
(D) Upon the filing of a complaint, the Commission shall promptly notify all parties in writing of the receipt of the complaint. Such notice shall be in plain language and include:
(1) Information that informs all parties that the landlord is prohibited from retaliating against the party or parties due to the filing of the complaint;
(2) Notice if the complaint is within the jurisdiction of the Commission;
(3) If the complaint has been referred to another town, state, or federal agency, notice of the referral and contact information of the agency to which the complaint was referred;
(4) Notice to the parties that, until a decision on the complaint is made by the Commission, the liability of the party or parties shall be for the amount of the last rent prior to the increase complained of or, if there is no such increase, the last agreed-upon rent;
(5) Notice to the party or parties that no eviction can be initiated or prosecuted against such party or parties during the pendency of the fair rent commission proceeding except for a ground based upon good cause. An eviction based upon non-payment of rent cannot be initiated or maintained against each party who continues to pay the last prior or last agreed-upon rent during the pendency of the Fair Rent Commission proceeding;
(6) Notice of the informal conciliation period;
(7) Notice of the day, time and location of the hearing if it has been scheduled;
(8) Phone number of who to contact for additional information; and
(9) Information on legal services, rental assistance, and other resources.
(E) If a complaint alleges, or the Commission determines, housing conditions that violate a housing, health, building or other code or statute, the Commission shall notify the appropriate state or municipal office or appropriate enforcement agency, which may then concurrently exercise its own powers. In addition, the Commission may request that the appropriate municipal official or agency promptly investigate and provide a report to the Commission. In those instances, such referral shall not prevent the Commission from exercising its legal authority regarding such non- compliance.
(F) The Commission or municipal staff may, to the extent practicable, encourage the parties to the complaint to reach a mutually satisfactory resolution through informal conciliation. Municipal staff may serve as informal conciliators. Any agreement to resolve the complaint shall be in writing and signed by the parties.
(G) A hearing on the complaint shall be scheduled; subject to delay upon written agreement of the parties to seek conciliation of the complaint. Written notice of the date, time, and place of the hearing shall be given by mailing a notice thereof, by certified return-receipt-requested mail, postage prepaid, and by regular first-class mail and, if practicable, by electronic mail, to the respective complaining and respondent parties, at least seven days prior to the hearing. The persons entitled to receive the notice as set forth herein are hereinafter designated as the party or parties to the complaint.
(H) All hearings will be accessible to people with disabilities in accordance to the requirements of the General Statutes, the Charter and Ordinances. The town, on behalf of the Commission, will provide sign language services for persons who are deaf or hard-of-hearing, interpretation and translation services for people speaking languages other than English. When necessary, documents can also be provided in braille or large print upon request.
(I) At the hearing, each party shall have the right to offer such testimony, exhibits, and witnesses as the party deems necessary or appropriate.
(J) The testimony of all persons shall be under oath, and any member of the Commission is hereby authorized to administer the oath to a witness.
(K) The Commission shall have the power to subpoena any person to appear before the Commission, and shall have the power to compel the production of any books or documents relating to any matter before the Commission.
(L) Any party shall have the right to be represented by any person duly authorized by the party at any hearing. In addition, any party shall have the right, either himself or herself, or through his or her representative, to cross examine any witnesses produced at the hearing and to examine all documents offered in evidence.
(M) The Commission recognizes the right of tenants to organize Tenants Unions consistent with this chapter and the Commission's rules, regulations, and procedures. The Commission shall accept complaints collected and submitted via the appropriate forms from a Tenants Union Representative. At the written request of a Tenants Union Representative, the Commission may study and investigate the housing market, housing accommodations and other housing related factors of the tenants represented by that Tenants Union consistent with the standards pertaining to rental charges in § 33.79. The Commission may rely on such findings when reaching a decision on complaints filed. The Commission may also refer those findings to other town departments or Commissions responsible for regulating housing accommodations within the town.
(N) The Commission shall have the right to request the assistance of any department of the town government, including any available records, information, or expert witnesses which the department may have in its employ.
(O) The Commission is empowered to hire or retain any expert real estate appraisers or other competent experts to advise it.
(P) In the event that there is insufficient time to complete a hearing, the Commission shall have the power to adjourn the hearing to another time and date. The Commission may impose costs upon any party found to have caused an adjournment without good cause.
(Q) No sale, assignment, transfer of the housing accommodation in question or attempt to evict any party or parties shall be cause for discontinuing any pending proceeding nor shall it affect the rights, duties and obligations of the Commission or the parties.
(R) After the completion of the public hearing and the receipt of all evidence, testimony and exhibits to be submitted by the parties to it, the Commission shall make such orders as are authorized herein.
(S) Hearings shall be recorded, and recordings shall be made available to the parties upon request. Upon request by any party, the Commission may cause the recording to be transcribed at the expanse of the requesting party but an exception to transcription cost will be allowed for indigent parties. In the event of an appeal to the superior court, the Commission shall cause the recording to be transcribed and shall certify the transcript to the court as part of the record.
(Ord. 187, passed 11-5-79; Am. Ord. 202, passed 4-6-81; Am. Ord. 320, passed 10-7-91; Am. Ord. 734, passed 1-17-23)