Hamden, Conn., Mun. Code Ch. 33 §§ 33.70–33.88 § 33.79
EXCESSIVE CHARGE STANDARDS
Operative Text
In determining whether a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable, the Commission shall consider any of the following circumstances as are applicable to the type of accommodation. (A) The rents charged for the same number of rooms in other housing accommodations in the same and in other comparable areas of the municipality. (B) The sanitary conditions existing in the housing accommodations in question. (C) The number of bathtubs or showers, flush water closets, kitchen sinks, and lavatory basins available to the occupants thereof. (D) Services, furniture, furnishings, and equipment supplied therein. (E) The size and number of bedrooms contained therein. (F) Repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein. (G) The amount of taxes and overhead expenses thereof. (H) Whether the accommodations are in compliance with the ordinances of the municipality and the General Statutes relating to health and safety. (I) The income of the complainant and the availability of accommodations. (J) The availability of utilities. (K) Damages done to the premises by the tenant, caused by other than ordinary wear and tear. (L) The amount and frequency of increases in rental charges. (M) Whether, and to the extent to which, the income from an increase in rental charges has been or will be reinvested in improvements to the accommodations. In addition, the Commission may consider the following factors: (N) Increases or decreases in the services provided or in the amount of dwelling space. (O) Substantial deterioration of the housing accommodations. (P) The length of time that violations of municipal ordinances or state laws have been permitted to exist and the responsiveness of the landlord to complaints by enforcement agencies. (Q) Increases or decreases in operating costs and the amortized cost of capital improvements. (R) The rate of return of the landlord's investment. (S) Retaliation by the landlord against the tenant for complaining to the landlord, the Commission, or to any other governmental agency. (T) Damages caused by individuals on the premises with the tenant's permission. (U) An increase in the number of occupants of the premises. (V) Such other factors as the Commission believes are relevant to a determination as to whether a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable. (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)
Hamden Ch. 33 § 33.79 establishes the framework the Fair Rent Commission uses to decide whether a rental charge is so excessive as to be harsh and unconscionable. The Commission weighs a broad list of mandatory considerations—such as comparable rents in the area, sanitary conditions, available facilities, taxes, and compliance with health and safety laws—alongside a second set of discretionary factors, including changes in services, operating costs, landlord retaliation, and the rate of return on the landlord's investment. No single factor is automatically decisive; the Commission evaluates whichever circumstances are relevant to the specific type of accommodation at issue.
Plain English — not legal advice.
Under Hamden Ch. 33 § 33.79, property owners whose rents are challenged before the Fair Rent Commission can expect the Commission to examine a wide range of conditions and financial data. Compliant operators generally keep records of comparable market rents, document capital improvements and how rental income has been reinvested, maintain properties in compliance with municipal ordinances and state health and safety laws, and respond promptly to complaints from enforcement agencies. Because the Commission may also weigh factors such as the frequency of rent increases and the landlord's rate of return, maintaining organized financial and maintenance records supports a transparent showing before the Commission.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hamden Ch. 33 § 33.79 gives tenants a meaningful set of protections when they believe a rent increase or current charge is harsh and unconscionable. If a tenant files a complaint with the Hamden Fair Rent Commission, the Commission is required to consider factors that directly reflect a tenant's circumstances, including the complainant's income, the availability of comparable accommodations, sanitary conditions, and whether the landlord has retaliated against the tenant for complaining. Tenants who believe a charge may be excessive under § 33.79 can contact the Commission directly or reach out to a local tenant-rights organization to better understand the complaint process and what evidence may be relevant to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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