Cheshire, Conn., Code of Ordinances ch. 2, art. II, div. 9 § 2-76
Determinations; orders; appeals
Operative Text
(a) Determination of excessive rent. 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: (1) The rents charged for the same number of rooms in other housing accommodations in the same and in other areas of the municipality. (2) The sanitary conditions existing in the housing accommodations in question. (3) The number of bathtubs or showers, toilets, kitchen sinks and lavatory basins available to the occupants thereof. (4) Services, furniture, furnishings and equipment supplied therein. (5) The size and number of bedrooms contained therein. (6) Repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein. (7) The amount of taxes and overhead expenses thereof. (8) Whether the accommodations are in compliance with the ordinances of the town and the state statutes relating to health and safety. (9) The income of the petitioner and the availability of accommodations. (10) The availability of utilities. (11) Damages done to the premises by the tenant, caused by other than ordinary wear and tear. (12) The amount and frequency of increases in rental charges. (13) Whether, and the extent to which, the income from an increase in rental charges has been or will be reinvested in improvements to the accommodations. The commission will be unable to accept excessive rent complaints if a landlord has already commenced a summary process eviction action against the specified tenant. In addition, the commission has the power to dismiss a complaint if it is determined that the tenant who is bringing the complaint is doing so for the purpose of harassing, annoying or embarrassing the landlord. (b) Rent reduction order and repairs. If the commission determines, after a hearing, that the rental charge or proposed increase in the rental charge for any housing accommodation is so excessive, based on the standards and criteria set forth in subsection (a) above, 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. If the commission determines, after a hearing, that the housing accommodation in question fails to comply with any ordinance of the town or state statute or regulation relating to health and safety, it may order the suspension of further payment of rent by the tenant until such time as the landlord makes the necessary changes, repairs or installations so as to bring such housing accommodation into compliance with such ordinance, statute or regulation. The rent during said period shall be paid to the commission to be held in escrow by said commission. (c) Appeals. Any person aggrieved by any order of the commission may appeal to the Superior Court for the Judicial District of New Haven. Any such appeal shall be considered a privileged matter with respect to the order of trial as provided in G.S. § 7-148e.
Cheshire Code of Ordinances ch. 2, art. II, div. 9 § 2-76 establishes a multi-factor framework that the Cheshire Rent Commission uses to evaluate whether a rental charge or proposed rent increase is so excessive as to be harsh and unconscionable. The commission weighs up to thirteen factors — ranging from comparable rents and sanitary conditions to tax burdens and the frequency of past increases — before deciding whether to cap rent at a fair and equitable amount or order rent payments held in escrow when health and safety violations are found. Complaints are barred when a landlord has already initiated a summary process eviction against the tenant in question, and the commission may dismiss complaints it finds are filed to harass a landlord. Any party unhappy with a commission order may appeal to the Superior Court for the Judicial District of New Haven.
Plain English — not legal advice.
Under § 2-76, the Cheshire Rent Commission evaluates rental charges against a detailed list of factors, so operators who maintain thorough records of taxes, overhead, repair histories, utility availability, and reinvestment in improvements are generally better positioned to demonstrate that their charges are fair and equitable. Landlords should be aware that once a summary process eviction action has been commenced against a specific tenant, the commission cannot accept an excessive rent complaint from that tenant, which affects the procedural posture of any pending or future complaint. If the commission issues a rent reduction or escrow order, the ordinance provides an appeal pathway to the Superior Court for the Judicial District of New Haven, which treats such appeals as privileged matters under G.S. § 7-148e.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-76 gives tenants in Cheshire the right to petition the Rent Commission for a determination that a current rent or proposed increase is harsh and unconscionable, with the commission weighing factors such as sanitary conditions, available facilities, health and safety compliance, and the frequency of past increases. If the commission finds a violation of health or safety ordinances or statutes, it has authority to suspend rent payments and direct that funds be held in escrow until the landlord brings the unit into compliance. Tenants should note that a complaint cannot be filed under this provision once a landlord has commenced a summary process eviction action against them, and those wishing to understand how these procedural limits apply to their circumstances may benefit from consulting a tenant-rights organization or reviewing the full text of § 2-76.
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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