Conn. Agencies Regs. § 8-119g-10 - Management

Current through March 4, 2022

(a) The Developer of a congregate housing project shall manage the project in an efficient manner so that the rental charges and congregate service costs shall be fixed at the lowest possible levels consistent with the provision of decent, safe, and sanitary dwelling units and the congregate services will be delivered to the tenant, in the most beneficial and efficient manner.
(1) All tenants will be required to pay a minimum rental charge, in accordance with a management plan approved by the Commissioner. The rental charges together with any available income shall generate sufficient income to meet the costs of the project operation, including but not limited to:
(A) Payment-in-lieu of taxes where applicable.
(B) The cost of state service charge.
(C) The cost of operating and maintaining the project, including its administrative cost and provision of reasonable reserves for repairs, maintenance, and vacancy and collection losses.
(2) All tenants will be required to pay the congregate services costs, based on their net income after allowances, in accordance with a formula approved by the Commissioner. Congregate services charges together with any available State subsidy or other available income shall generate sufficient income to meet the costs of the congregate services, including but not limited to those defined in 8-119g-3 (A) of these regulations.
(3) Rental Charge Increase: The following procedures shall be followed by all developers for any proposed rental charge increase. These procedures do not apply to adjustments based on circumstances such as family income or composition.
(A) A 30 day written notice to all tenants that a change in the rental charge will be considered by the developer at its next meeting, (include date and time of the meeting) and may result in an increase.
(B) Advise tenants that they may submit written comments to the developer within the 30 day period, and that they may review any documents supporting the proposed increase which will be on file at the office of the developer and at the congregate housing site. Also, tenants may attend the meeting and make comments at that time.
(C) At the end of a 30 day period, the developer shall submit within 15 days to the Commissioner, its recommended management plan plus all tenants comments.
(D) Within 30 days after receipt of the developer's recommendation, the Commissioner approves, disapproves, or requests modification of the increase or any portion thereof.
(E) If the increase is approved by the Commissioner, the developer must then give the tenants at least 30 days written notice prior to the effective date of the increase.
(4) Congregate Services Increases: The following procedures shall be followed by all developers for any proposed congregate services increase. These procedures do not apply to adjustments based on circumstances such as family income or composition.
(A) Within 60 days of the proposed increase, the developer shall submit its recommended Management Plan to the Commissioner.
(B) Within 30 days after receipt of the developer's recommendation, the Commissioner approves, disapproves or requests modification of the increase or any portion hereof.
(C) If the increase is approved by the Commissioner, the developer must then give the tenants at least 30 day written notice prior to the effective date of the increase.
(5) Proper notice and an opportunity to be heard prior to the imposition of rental charge increases and congregate services increases shall be deemed matters of Procedural Due Process of Law. Accordingly, all time frames for notice requirement and comments are jurisdictional. Any person aggrieved by the manner or method of the imposition of rent as congregate services increases or decreases may appeal any such grievance to the Commissioner of Housing within six (6) months of the occurrence of such incident.

Notes

Conn. Agencies Regs. § 8-119g-10
Effective June 19, 1985

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