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Commission orders camera inspection and repairs after finding stipulated order not fully followed
Summary
After hearing tenant testimony and reviewing videos and photos, the Middletown Fair Rent Commission found a prior stipulated order was not fully complied with (windows and garage not clearly inspected) and ordered the landlord to videotape plumbing work, repair drains, re-check garage and windows, and call the commission for re-inspection within 15 days; the commission declined to impose a penalty.
The Middletown Fair Rent Commission on Aug. 19 found that a prior stipulated order requiring repairs to a rental unit had not been fully complied with and ordered additional steps, including video documentation of plumbing work, new inspections of windows and the garage, and a commission re-inspection within 15 days.
Complainants described continuing problems at the unit — clogged sink and tub, uninspected windows and a garage door problem — and presented two videos, three photographs and an audio recording of a plumbing contractor’s on-site remarks. One resident said the shower and sink “still don't drain properly,” and offered two short videos and photographs of window gaps. Counsel for the landlord submitted invoices, a plumber’s report (dated June 5) and a Middletown inspection report and argued that the landlord had repaired the unit and that some evidence from earlier proceedings showed only de minimis violations.
Attorney for the landlord told the commission there were documented repairs and a city inspection that found the garage and other items in working order. The landlord’s counsel pointed to a photograph and earlier court exhibits showing foreign objects removed from the sink and argued the landlord had taken action. The counsel said a prior plumbing visit on June 5 documented work and that the landlord had followed up where appropriate.
Commissioners asked substantive technical questions about the cause of the recurring clogs — foreign objects or corroded/galvanized pipes — and whether a camera inspection should be used to find blockages farther down the line. A recording of the on-site contractor played; the contractor on the audio said he removed hair and saw corrosion and rust but did not find motor oil.
After questioning and deliberation, the commission moved to find that the stipulated order was not followed in full (chiefly because windows and the garage inspection/documentation were not clearly completed) but that the landlord had made good-faith efforts on the plumbing. The commission voted to: (1) require that the plumbing be inspected with a camera and that the camera footage and a post-repair video be provided to the commission; (2) require the sink, shower and related plumbing be repaired and documented; (3) require the garage door and windows be re-inspected and any necessary repairs be completed; and (4) have the commission called out to re-inspect once the work is done. All ordered steps were to be completed and documented within 15 calendar days.
Commission members declined to levy a penalty as long as the ordered steps were carried out. The motion passed by roll call; commission staff said they will circulate the resulting order to the parties and set follow-up inspections.
The commission also discussed its process for accepting evidence that had been used in previous court hearings and clarified the exhibit numbers for the record. Several other pending complaints (alleging excessive rent and repair failures at multiple properties) were accepted for further processing; one safety-related complaint was referred to the fire marshal.
