§ 20-55. Hearings on a complaint.

(a)

Upon receipt of a complaint that a rental is so excessive as to be harsh and unconscionable, the Commission shall investigate the complaint and determine whether the complaint presents an appropriate matter for consideration by the Commission. In the event that the Commission finds that the complaint involves a matter within the jurisdiction of the Health and Human Services Department of the City of Danbury, or of any other public agency, it shall refer the matter to the appropriate board or agency for action, and, in an appropriate case, shall concurrently exercise its powers hereunder.

(b)

A hearing on said complaint shall be scheduled if the Commission determines, after receipt of the complaint, that a hearing is justified. Written notice of the date, time and place of the hearing shall be given by mailing a notice thereof, by certified, return-receipt-requested mail, postage prepaid, to the landlord and the tenant, at least seven (7) days prior to said hearing. The persons entitled to receive said notice as set forth herein are hereinafter designated as the parties to the complaint.

(c)

At the hearing, each party shall have the right to offer such testimony, exhibits and witnesses as the party deems necessary or appropriate.

(d)

The testimony of all persons shall be under oath, and any member of the Commission is hereby authorized to administer the oath to a witness.

(e)

The Commission shall have the power to subpoena any person to appear before the Commission, and shall have the power to compel the production of any books or documents relating to any matter before the Commission.

(f)

Any party shall have the right to be represented by any person duly authorized by said party at any hearing. In addition, any party shall have the right, either himself, or through his representative, to cross-examine any witnesses produced at the hearing and to examine all documents offered in evidence.

(g)

The Commission shall have the right to request the assistance of any department of the City government, including any available records, information or expert witnesses which the agency may have in its employ.

(h)

The Commission is empowered to hire or retain any expert real estate appraisers and legal counsel or other competent experts to advise it.

(i)

In the event that there is insufficient time to complete a hearing, the Commission shall have the power to adjourn the hearing to another time and date.

(j)

After the completion of the public hearing and the receipt of all evidence, testimony and exhibits to be submitted by the parties to it, the Commission shall make such orders as are authorized herein.

(k)

The Commission shall retain a competent stenographer or use a recording device to record the evidence, minutes and proceedings of the Commission on any complaint.

(l)

The designated members of the Commission shall have the power to meet with the parties, if the parties request and consent as hereinafter provided, on an informal basis in a session closed to the public if, after notice, no member of the public seeks admission, to attempt to reconcile the differences between the parties to any complaint, but shall take no evidence or make any decision thereat. Any agreement between the parties made as a result of said informal conference must be in writing and fully enforceable by the Commission and shall include a waiver of a formal hearing during its effective term. The informal meeting shall be conducted by two (2) members of the Commission appointed for each case by the Chairperson, one (1) of whom may be the Chairperson. The Commission members so assigned shall take no part of any formal hearing, if any, thereafter held on the case.

(Code 1961, § 10-37; Ord. No. 149, § 7, 6-25-1970; Ord. No. 239, 2-6-1979; Ord. No. 424, 8-6-1991)