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2013 Connecticut Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagct0067 and id is 1 raw text is: GEORGE C. JEPSN 55 Elm Street ATORNEY GRRA P.O. Box 120 Hartlord, CT 06141-0120 Office of The Attorney General State of Connecticut April 1, 2013 Senator John McKinney Senate Minority Leader Representative Linda Orange Deputy Speaker of the House State of Connecticut General Assembly State Capitol Hartford, CT 06106-1591 Dear Senator McKinney and Representative Orange: This letter responds to your request for a formal legal opinion concerning the scope of the rental charges that a municipal fair rent commission is authorized to review. Specifically, you have asked whether a fair rent commission's authority under Conn. Gen. Stat. § 7-148b to make studies and investigations, conduct hearings and receive complaints relative to rental charges on housing accommodations ... in order to control and eliminate excessive rental charges on such accommodations includes the authority to consider not just rent, but also fees arising from the landlord-tenant relationship. You have raised this issue after learning that a municipal fair rent commission had refused to adjudicate a complaint by mobile home park tenants concerning a monthly fee for oil spill insurance that the landlord was charging pursuant to an addendum to the tenants' rental agreements. According to your letter, the commission's explanation for refusing to address the complaint was its uncertainty whether its jurisdiction was limited to complaints concerning rent, or extended to fees associated with rent. We understand that as a result of this situation, the legislature is currently considering House Bill 5970, An Act Concerning the Power of Municipal Fair Rent Commissions, which would define the rental charge that a fair housing commission could review to include any fee or charge in addition to rent that a landlord seeks to impose on a tenant. The Housing Committee held a public hearing on the issue on February 19, 2013, after which you requested this opinion to clarify the commission's authority under existing law.

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