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Commission Dismisses Menarca/Market Properties Retaliation Complaint
Summary
The commission dismissed a retaliation complaint involving Menarca/Market Properties after finding insufficient evidence that the most recent notice to quit was retaliatory; commissioners debated pattern and timing, with at least one dissenting vote recorded.
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The Fair Rent Commission dismissed a retaliation complaint filed against Menarca/Market Properties, concluding after deliberation that there was insufficient evidence tying the most recent notice to quit directly to prior protected complaints. Commissioners considered past findings and discussed whether a pattern of evictions or notices could support a retaliation finding.
The complainant described financial strain and an upcoming surgery, asking for more time to relocate; the landlord's counsel responded that the notice (served April 28) was a lawful lapse-of-time notice and that the landlord had offered 45 days to move out. Commissioners debated whether a repeated notice after an earlier retaliation finding constituted a continuing pattern; the motion to dismiss carried on a roll call that recorded at least one 'nay' vote. The commission said it will issue a written decision reflecting the dismissal and offered to facilitate settlement talks if both parties request assistance.
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