Shelton fair rent panel tackles first cases

SHELTON — Tenants facing large or sudden rent hikes or living conditions rife with code or safety violations now have a voice.

Under a state law that took effect in 2022, every municipality with a population of more than 25,000 was required to establish a Fair Rent Commission by July 2023. In Shelton, the commission has already begun its work, according to the commission’s coordinator Ray Baldwin.

“This is a safety net ... a protection for tenants and to some extent landlords,” Baldwin said. “We are finding not only some rents have increased significantly but also, as part of this discussion and investigation, there are a lot of code and fire violations people are living with.”

Those concerned about significant rent increases or potential code violations in their rentals can obtain a complaint form on the city’s website. Baldwin said that six complaints have been filed since the city formally created the commission last year.

Baldwin said the complaints were all related to rent increases. But while a complaint may be about rent hikes, an investigation of the residence also occurs, which can lead to the discovery of code or safety violations that must be corrected, he said.

The state rules on rent increases also apply to the three mobile home parks and the land on which the mobile home sits.

Once a complaint is filed, Baldwin then acts as a mediator, he said. In three of the six complaints filed, he was successful in helping the landlord and tenant come to an agreement about rent increases, he said.

He said there are options for raising rents, such as phasing in the increases over time to assist tenants who have limited resources.

Jennifer Cutrali, who chairs the five-member commission, said tenants “understand there should be an increase but not this much so quickly. They understand these are hard economic times. Property insurance is up. Costs to maintain are up. The tenants are reasonable; they just cannot see a sudden $500, $800 jump.”

Cutrali said complaints have come from current tenants in existing apartments with new owners.

“The newer landlords are coming in and trying to increase to market rents,” she said. “But the market rents they are trying to charge are those you would see in the newer construction apartments downtown.”

Older, three-family residences without no amenities are simply not comparable to the newer apartments, Cutrali said.

Baldwin said that in one complaint, the landlord, a new owner, tried to raise the rent by $1,100 on a tenant who had been paying $700 for some 20 years.

“Granted it should be increased, and (the tenants) acknowledge that,” Baldwin said, “But jumping from $700, $800 to $1,800 on someone with a limited income, that would unconscionably unfair.”

Cutrali said that if a complaint cannot be resolved through mediation, it goes before the commission. And with the debate on the rent increase comes an examination of the living conditions.

Cutrali said there are 13 considerations the commission must use to determine if the rental charge is excessive, “harsh and unconscionable.” Considerations include the rents for similar accommodations in the city, services and furnishings in the rental, repairs needed to make the accommodation reasonably livable, the owner’s taxes and overhead costs, and whether the increased rent will be reinvested in the property.

Baldwin said before this commission was formed, tenants could complain about code or safety issues, which would lead to a citation.

“We had no real power beyond that,” Baldwin said. “If a landlord chose not to comply, there was not much force to it. Some landlords had had complaints filed for many, many years, but there were no teeth in the enforcement.”

That has all changed, Baldwin said. Now, even if the commission can agree on rent increases, the landlord must still bring the unit up to code.

“If the conditions are found to be unsafe, the commission has power to tell tenants not to pay rent until things are corrected, a huge impetus in getting landlords compliant,” he said.

Cutrali said through rent fee complaints, the commission — with assistance from Housing Enforcement Officer Kevin Lantowsky and Assistant Building Official Tim Brown — has found serious issues; in one case, a serious water leak, and in another, the home was rented as a two-bedroom but had only one bedroom.

“Even if the landlord and tenant agree during the hearing on a rental amount, the case remains open until the outstanding violations are proven corrected,” Cutrali said.

Cutrali said complaints could also about conditions, and that the new state law protects the tenant from retaliation.

“It could be mold, a staircase falling apart and has become a hazard . ... It can all go through the same process,” Cutrali said.