Conn. Agencies Regs. § 8-68f-20 - Procedures to Request a Hearing

Current through March 4, 2022

(a) Request for hearing. The complainant shall submit a written request for a hearing to the landlord at the office at the premises within thirty (30) days after receipt of the written summary of discussion prepared pursuant to section 8-68f-18 of the Regulations of Connecticut State Agencies.

The written request shall specify:

(1) The reasons for the grievance; and
(2) The action or relief sought.
(b) Selection of hearing officer or hearing panel. A hearing shall be conducted by an impartial person or persons, other than a person who made or approved the landlord's action under review or a subordinate of such person. An officer or member of the landlord's board of commissioners may be an impartial person. The selection of the hearing officer or the hearing panel shall comply with the following:
(1) The method or methods for appointment of the hearing officer or the hearing panel shall be stated in the grievance procedures.
(2) The landlord may use either of the following methods to appoint the hearing officer or the hearing panel:
(A) A method approved by a duly elected and constituted tenant organization or, in the absence of such organization, the majority of tenants in any building, group of buildings or projects, or group of projects to which the method is applicable, voting in an election or meeting of the tenants held for that purpose; or
(B) Appointment of a person or persons, who may be an officer or member of the landlord's Board of Commissioners, selected in the manner required under the landlord's grievance procedures. In the event that the tenant objects to the original appointment of the person or persons selected, the appointment of an alternate hearing officer may be proposed by the landlord.
(3) In the event the method selected for the appointment of a hearing officer or hearing panel in accordance with either subparagraph (A) or (B) of subdivision (2) of subsection (b) of this section fails to select a hearing panel or hearing officer, as appropriate, within thirty (30) calendar days from the complainant's written request for a hearing, the landlord's disposition of the grievance under section 8-68f-18 of the Regulations of Connecticut State Agencies shall become final, provided the failure to appoint a hearing panel or hearing officer, as appropriate, shall not constitute a waiver by the complainant of his or her right thereafter to contest the landlord's disposition of the grievance in an appropriate judicial proceeding.
(c)Failure to request a hearing. If the complainant does not request a hearing in accordance with subsection (a) of this section, the landlord's disposition of the grievance under section 8-68f-18 of the Regulations of Connecticut State Agencies shall become final, provided the failure to request a hearing shall not constitute a waiver by the complainant of his or her right thereafter to contest the landlord's disposition of the grievance in an appropriate judicial proceeding.
(d) Hearing prerequisite. All grievances shall be personally presented either orally or in writing pursuant to the informal settlement procedure prescribed in section 8-68f-18 of the Regulations of Connecticut State Agencies as a condition precedent to a hearing under this section, provided if the complainant shows good cause for failure to proceed in accordance with section 8-68f-18 of the Regulations of Connecticut State Agencies to the hearing officer or the hearing panel, the provisions of this subsection may be waived by the hearing officer or the hearing panel.
(e) Scheduling of hearings. Upon the complainant's compliance with subsections (a) and (d) of this section, a hearing shall be promptly scheduled by the hearing officer or the hearing panel for a date within ninety (90) days of the landlord's receipt of the tenant's written request pursuant to subsection (a) of this section, for a time and place reasonably convenient to both the complainant and the landlord. A written notice specifying the time, the place and the procedures governing the hearing shall be delivered to the complainant and the appropriate landlord representative.
(f)Expedited grievance procedure. The landlord may establish an expedited grievance procedure for any grievance concerning a termination of tenancy or an eviction based on one or more of the subdivisions of subsection (d) of section 8-68f-12 of the Regulations of Connecticut State Agencies.
(g) Section 8-68f-18 of the Regulations of Connecticut State Agencies shall not apply in the case of a grievance under the expedited grievance procedure permitted by subsection (f) of this section.
(h) The landlord may adopt special procedures concerning a hearing under the expedited grievance procedure, including provisions for expedited notice or scheduling, or provisions for an expedited decision on the grievance, provided such procedures comply with the requirements of this section.

Notes

Conn. Agencies Regs. § 8-68f-20
Effective July 11, 2014

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