Fair Rent Commission reopens case after earlier hearing lacked five-member quorum

The Norwalk City Fair Rent Commission voted March 5 to reopen case 1851-24 after attorney Russell Liskov said the record shows the prior hearing did not meet the commission's five-member requirement for that type of proceeding.

Liskov told commissioners he had reviewed the recording and learned the earlier hearing record showed only four commissioners present, not five as the commission had believed. "When you have a hearing, you're required to have 5 people," Liskov said, explaining the defect and the options for remedy.

Liskov said he had called the tenant and landlord to ask whether they would waive the defect; if both parties sign a stipulation waiving the procedural defect, the commission could issue the prior finding of fact without rehearing. If the parties do not agree to waive the defect, Liskov outlined two alternatives: rehear the matter in full or have a commissioner who missed the hearing listen to the recording, participate in deliberations at the next meeting and vote on a new finding of fact based on the tape.

Commissioners moved to reopen case 1851-24. The motion passed on a voice vote. The commission directed staff and counsel to attempt to secure signed waivers from the parties; if that fails, the commission will reconvene the matter next month with either a rehearing or a commissioner assigned to review the recording before a new finding of fact.

Commissioners discussed practicalities: one member noted the landlord would have to travel from San Francisco if the matter were reheard in person; Liskov said the recording-review option would avoid that need. The commission set no additional deadlines beyond seeking a stipulation or setting the case for the next meeting.