§ 33.78 ORDERS OF THE COMMISSION.
   (A)   The Commission shall render its decision at the same meeting at which the hearing on the complaint is completed or within 30 days following such date, unless impracticable. In accordance with the state Freedom of Information Act, both the hearing itself and the deliberation by the Commission shall be open to observation by the public. Until a decision on the complaint is made by the Commission, the liability of a party or parties shall be for the amount of the last rental charge prior to the increase complained of or, if there is no such increase, the last agreed-upon rental charge.
   (B)   Subsequent to the hearing the Commission shall have the power to do the following:
      (1)   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 § 33.79 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, effective the month in which the party or parties filed the complaint or, in the discretion of the Commission and consistent with the evidence presented at the hearing, to a date prior to the filing of the complaint. A Commission's orders may include, but are not limited to:
         (a)   A reduction in a rental charge or proposed rent increase;
         (b)   A delay in an increased rental charge until specified conditions, such as compliance with municipal code enforcement orders, have been satisfied; or
         (c)   A phase-in of an increase in a rental charge, not to exceed a fair and equitable rent, in stages over a period of time.
      (2)   Any order of the Commission shall remain in effect for one year unless the Commission orders a different timeframe. Upon its own motion or the request of any party, the Commission may grant a further hearing and modify the timeframe of such order due to noncompliance or change in circumstances.
      (3)   If the Commission determines after a hearing that a housing accommodation fails to comply with any municipal ordinance or state statute or regulation relating to health and safety, the Commission may order the suspension or reduction of further payment of rent by the party or parties until such time as the landlord makes the necessary changes, repairs or installations so as to bring the housing accommodation into compliance with such laws, statutes, or regulations. The Commission may order that the rent during such period shall be paid to the Commission to be held in escrow subject to such ordinances or provisions as may be adopted by the town. Upon the landlord's full compliance with such ordinance, statute or regulation for which payments were made into such escrow, the Commission shall, in its sole discretion, determine after hearing such distribution of the escrowed funds.
      (4)   Refer the matter to the appropriate town agency or the law enforcement authorities for enforcement of the appropriate municipal ordinance, Connecticut General Statute or state regulation, if the Commission determines that the housing accommodation in question fails to comply with any municipal ordinance or Connecticut General Statute or state regulation relating to health and safety.
      (5)   Dismiss the complaint.
      (6)   Continue, review, terminate, or suspend all of its orders and decisions.
      (7)   Continue the complaint for final disposition if it finds that the complaint involves a matter which can be corrected or adjusted between the parties and it finds that such a continuance would be appropriate under the circumstances.
      (8)   Order payments of the rent in escrow to the Commission with the option to order temporary reduction or suspension of the rent until the landlord has corrected the situation.
      (9)   Order the posting of a sufficient performance bond by the landlord until such time as the landlord has corrected any health and safety violations which the appropriate authorities have investigated and have certified to the Commission as existing code violations relating to health and safety.
      (10)   Enter cease and desist orders to carry out the provisions of § 47a-20 and subsection (b) of § 47a-23c of the Connecticut General Statutes.
      (11)   At the conclusion of a hearing or investigation into a consolidated complaint, the Commission may:
         (a)   Issue orders addressing the collective grievances common to the party or parties included in the complaint, and
         (b)   Issue individual orders tailored to the particular circumstances of individual parties of a consolidated complaint.
      (12)   At the conclusion of the hearing or investigation, the Commission will notify each complainant in writing of the decision of the Commission. Any order and notice of the Commission shall include an advisement to the parties of their right to appeal to the Superior Court.
(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) Penalty, see § 33.999(B)