CT Insider | By: Alexander Soule
When hunting for a rental — whether an apartment or house — most Connecticut tenants are paying “market rate” for new leases, including during high-demand periods like the years after the COVID-19 pandemic, when rents soared.
But what happens after you’ve signed a lease?
Depending on where you live, you may have access to a local “fair rent” commission — a municipal board that can review and potentially cap rent increases if they are deemed excessive. The Partnership for Strong Communities lists Connecticut’s fair rent commissions at pschousing.org/frcn, along with additional resources for tenants, municipalities and advocates.
Amy Peltier, coalition and advocacy director at the Partnership for Strong Communities, spoke with CT Insider about how fair rent commissions can give renters added leverage with landlords.
What is a fair rent commission?
“Fair commissions are municipal boards typically comprised of resident volunteers and ideally at least one municipal staff member, some of whom may be trained in mediation,” Peltier said.
“It’s codified in law here in Connecticut and has been codified since 1969. It’s fairly unique nationally. New York was one of the first places where there were fair rent commissions. Connecticut is the first state, we believe, to have a statewide fair-rent network.
“To set up a fair rent commission, you must pass a town ordinance. It can be challenging to standardize this process, because ordinances vary by municipality.
“Fair rent commissions and their officers can investigate complaints, hold hearings, and make decisions that are legally binding. Commissioners have 13 factors that they use to decide whether or not the rent is harsh and unconscionable.”
What are some of the key factors, and how does a case begin?
“A significant factor considered is what rent is charged for comparable units,” Peltier said. “Are there frequent rent increases, where the rent is going up every two or three months? How sanitary is the unit? What is the availability of utilities? Within the lease, is there something that’s supposed to be included like furnishings or repairs?
“A renter’s income can also come into consideration. … If you are paying more than 30% of your income, whatever it may be, that can be considered unaffordable.
“It is not standardized across municipalities, but what always kicks off a case is a tenant filing a complaint about their rent fees or surcharges to their local fair rent commission, typically through a form on a municipality’s website.
“A fair rent commission tries to mediate first. They will talk to the tenant, and they will talk to the landlord, and get a sense of the issues and if they can be worked out outside of the hearing process.
“If it gets to the hearing stage, often landlords will show up to hearings with attorneys — and most often, tenants do not. It’s very much like you might imagine (with) a court case where different sides are being heard. The tenant carries the burden of proof in a fair rent commission hearing to show that the rent across those 13 considerations is so harsh and unconscionable as to be lowered or a fee reduced.
“Then the fair rent commissioners come up with a decision that’s binding on both parties. If you want to appeal a decision, you can go to housing court within the Superior Court that has jurisdiction over that rental property.