South Windsor, Conn., Code of Ordinances ch. 2, art. III, div. 19 § 2-471
Duties
Operative Text
The duties of the commission shall be: (1) To make such studies and investigations regarding rental housing within the town as are appropriate to carry out the duties and responsibilities delegated hereunder, and subject to the terms, limitations and conditions set forth herein; (2) To identify housing priorities and make recommendations to the town council and to the planning and zoning commission regarding the following: a. Both short-range and long-range housing goals in town; b. Housing policies and practices that encourage development and continued availability of affordable housing in town; (3) To act a clearinghouse for information concerning federal, state, municipal and private sources of funding and programs for housing; to make such information available to potential developers (profitmaking and nonprofit) of new, converted or rehabilitated housing; and to cooperate with such developers to further the town's housing goals and meeting the affordable housing plan; (4) To develop guidelines for the expenditure of funds deposited into the Housing Trust Fund through the zoning process; (5) To provide a forum for discussion of housing issues; (6) To hear fair rent complaints as follows: a. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Housing accommodations. Any building or structure, in whole or in part, containing living quarters occupied or intended for occupancy as a place of residence, including mobile homes and mobile home park lots, except the following: 1. A hospital, convent, monastery, asylum, public institution, college or school living quarters, or any institution operated exclusively for charitable or educational purposes; 2. Any housing accommodation owned and operated by the United States, the State of Connecticut, the town, the housing authority of the town, or any agency or political subdivision of the above. Landlord. The person who leases, subleases, or rents (as hereinafter defined) any housing accommodation. Rent or rental charge. Periodic payments to be made to the landlord under a rental agreement (as hereinafter defined). Seasonal basis. Housing accommodations rented for a period or periods aggregating not more than 120 days in any one calendar year. Tenant. The person who leases or rents any housing accommodations as his or her primary residence, and who has occupied such housing accommodation for at least the prior six months. b. Hearings; complaints. Any tenant residing in the town shall be eligible to file a complaint with the commission relative to such tenant's rental charge for the tenant's housing accommodations, except those accommodations rented on a seasonal basis, alleging such rental charges are harsh and unconscionable. The commission shall carry out the provisions of C.G.S. §§ 7-148b to 7-148f, inclusive, § 47a-20 and subsection (b) of § 47a-23c and may compel the attendance of persons at hearings, issue subpoenas and administer oaths, issue orders and continue, review, amend, terminate or suspend any of its orders and decisions. A complaint shall be filed with the town manager's office on forms provided. Upon receipt of such complaint, the town manager's office shall provide notice to the landlord by delivering a copy of such complaint by certified mail to the current owner of record of the housing accommodation as listed on the town tax assessor records, and scheduling a hearing before the commission not later than 30 days from the mailing of such notice. Written notice of the date, time and place of the hearing shall be given by mailing a notice thereof, by certified mail, to the landlord and the tenant at least ten days prior to said hearing. Prior to conducting the hearing on such complaint, the complaint shall be referred to the town attorney's office to contact both parties to attempt to reconcile differences between the parties prior to the commission conducting the hearing. Any agreement between the parties shall be in writing, signed by the parties. If the complaint is not resolved by agreement, the commission shall conduct the hearing where both parties may present evidence, testify and call witness. The hearing may be continued at the discretion of the commission; however, the commission shall conduct and conclude such hearing not later than 65 days from the date of receipt of the complaint, and issue its decision not later than 35 days after the conclusion of such hearing. If the complaint involves a matter within the jurisdiction of the health department or any other public agency, the matter may be referred to the appropriate agency for action and the commission may concurrently exercise its powers hereunder. c. Consideration in determining fair rental charge. 1. In determining whether a rental charge or a proposed increase in a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable, the commission shall consider such of the following circumstances as are applicable to the type of accommodation: i. The rents charged for the same square footage, amenities, and number of rooms in other similar housing accommodations in the same and in other areas of the municipality; ii. The sanitary conditions as they related to the Public Health Code existing in the housing accommodation in question; iii. The number of bathtubs or showers, flush water closets, kitchen sinks and lavatory basins available to the occupants thereof; iv. Services, furniture, furnishings and equipment supplied therein; v. The size and number of bedrooms contained therein; vi. Repairs necessary to make such accommodations compliance with the state building code for the occupants accommodated therein; vii. The amount of taxes and overhead expenses, including debt service, thereof and expenses thereof; viii. Whether the accommodations are in substantial compliance with the ordinances of the town and the General Statutes relating to health and safety; ix. The tenant's household income as determined by the town department of human services, and the availability of other similarly priced accommodations; x. The availability of utilities; xi. Damages done to the premises by the tenant, caused by other than ordinary wear and tear; xii. The amount and frequency of increases in rental charges during the time of tenant's occupancy; and xiii. Whether, and the extent to which, the income from an increase in rental charges has been or will be attributed to increases in overhead expenses or reinvestment in improvements to the accommodations. If the commission determines, after hearing, that the rental charge or proposed increase in the rental charge for the housing accommodation is so excessive, based on the standards and criteria set forth herein, 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, and for such period of time until the landlord corrects such conditions. Any such order shall not become effective sooner than the first day of the next rental payment period following the filing of the complaint. 2. If the commission determines after a hearing that a landlord has retaliated in any manner against a tenant because the tenant has complained to the commission, the commission may order the landlord to cease and desist from such conduct. d. Rent paid to commission. 1. If the commission determines after a hearing that the housing accommodation in question fails to comply with state statute or regulations or town regulations or ordinances relating to health and safety, the commission may order the tenant to pay the fair and equitable rent, as determined by the commission, to the commission. 2. The commission shall hold such rent in an escrow account, as hereinafter provided, until the landlord makes the necessary changes, repairs or installations so as to bring the housing accommodation in compliance with such statute, regulation and ordinance. 3. If the landlord shall have corrected such violations after an order reducing the rent, and if the rent had been reduced solely because of such violations, the landlord may petition the commission for reinstatement of the original rent and for the payment to him or her of the rent held in escrow. 4. If the landlord shall have corrected such violations after the order reducing the rent, but the rent had not been reduced solely because of such violations, the landlord may petition the commission for an order fixing a fair and equitable rent for such housing accommodation in light of its condition at the time of the landlord's petition, and for the payment to him or her of the rent held in the escrow account. 5. In any case arising under this section, upon reasonable determination of the commission, the original rent or such fair and equitable rent as determined by the commission may be ordered into effect retroactively, at the discretion of the commission, to the date of the petition for reinstatement. No such reinstatement shall be effective until after a hearing is held by the commission in accordance with the provisions of subsection (6)b. herein. e. Escrow account. 1. The commission shall establish an escrow account with a local bank into which it shall deposit all rents or other funds paid to it pursuant to this article. Such funds shall be released to the landlord if: i. The landlord shall be successful in an appeal to the court; ii. The commission shall order such release after a petition in accordance with this article; iii. The commission shall deposit into the escrow account rent paid to the commission by tenants whose landlord has refused to accept the rent after the tenant has filed a complaint. The rent shall be withdrawn from the escrow account and paid to the landlord upon written request from the landlord; or iv. The commission shall deposit into the escrow account rent paid to the commission by tenants when the landlord requests in writing that the commission hold the rent until the complaint can be resolved either by conciliation or hearing. The rent shall be withdrawn from the escrow account and paid to the landlord upon written request from the landlord. 2. The commission may provide for the payment of the landlord's mortgage, taxes, and insurance and the cost of heat, water, electricity and essential utilities as such expenses become due and payable pending the resolution of a complaint. f. Appeal. Any person aggrieved by any order of the commission may appeal to the Superior Court for the Judicial District of Hartford within 20 days following the mailing of such order by certified mail. Any such appeal shall be considered a privileged matter with respect to the order of trial as provided in C.G.S. § 7-148e. Unless otherwise directed by the commission or the court, the filing of an appeal shall not stay any order issued by the commission. g. Penalties for offenses. Any person who violates any order of rent reduction or rent suspension by demanding, accepting or receiving an amount in excess thereof while such ordinance remains in effect, no appeal pursuant to subsection (6)f. is pending or violates any other provisions of this article, or C.G.S. § 47a-20, or who refuses to obey any subpoena, order or decision of the commission pursuant thereto shall be fined not less than $25.00 nor more than $100.00 for each offense. If such offense continues for more than five days, it shall constitute a new offense for each day it continues to exist thereafter.
South Windsor Code of Ordinances ch. 2, art. III, div. 19 § 2-471 establishes the duties of the town's housing commission, which include studying rental housing conditions, advising the town council on affordable housing goals, and operating as an information clearinghouse for housing programs. A central function under this provision is the authority to hear fair rent complaints from qualifying tenants who believe their rental charges are harsh and unconscionable. The commission can issue binding orders, hold rent in escrow, and refer matters to other agencies, with appeals available to the Superior Court for the Judicial District of Hartford within 20 days of a mailed order.
Plain English — not legal advice.
Under South Windsor Code of Ordinances ch. 2, art. III, div. 19 § 2-471, landlords who receive notice of a fair rent complaint are served by certified mail and are expected to participate in a pre-hearing reconciliation process coordinated by the town attorney's office. Compliant operators generally maintain housing accommodations in accordance with state and local health, safety, and building codes, since the commission weighs those conditions heavily when evaluating whether a rental charge is fair and equitable. Landlords should be aware that violating a commission rent-reduction or rent-suspension order can result in fines of not less than $25.00 and not more than $100.00 per offense, with each additional five-day period of continued violation constituting a separate offense.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-471 of the South Windsor Code of Ordinances gives qualifying tenants — those who have occupied their primary residence in town for at least six months and are not renting on a seasonal basis — the right to file a fair rent complaint with the commission alleging that their rental charge is harsh and unconscionable. Complaints are filed through the town manager's office, and the commission must schedule a hearing within 30 days of notifying the landlord, with a final decision issued no later than 35 days after the hearing concludes. Tenants who believe their rights under this provision have been affected may also consult a tenant-rights organization or review the applicable Connecticut General Statutes referenced in § 2-471, including C.G.S. §§ 7-148b through 7-148f and § 47a-20, to better understand available remedies such as escrow arrangements and retaliation protections.
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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