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Commission Hears Compliance Claim: Tenant Says Landlord Charged Full Rent Despite Order Reducing It to $8.75

Middletown Fair Rent Commission · May 27, 2026

Summary

Kenneth McPherson's counsel told the commission that a prior order required reduced rent pending repairs; counsel said the landlord failed to file required inspection reports and continued charging full rent, producing a reconstructed positive balance of $4,675 for the tenant. Commissioners scheduled settlement talks and tabled the matter.

At a compliance hearing the commission reviewed a September 15, 2025 decision that, the tenant's attorney said, required the landlord to repair the heating system by a stated date and reduced the tenant's rent "from 1,100 to $8.75" until repairs were completed. Attorney for Mr. Kenneth McPherson said the landlord had not provided the necessary building, fire-marshal, or health-department reports required to reinstate the full rent and that the landlord charged amounts in excess of the commission's order.

Tenant counsel told the commission the landlord's recordkeeping and ledger were inconsistent with third-party payments processed on the tenant's behalf; counsel reconstructed accounting that showed a positive balance of about $4,675 in favor of Mr. McPherson. The landlord testified he had installed a deaerator and a new circulator and later a 240-volt electric heater, produced invoices and images, and said on-site inspections in October suggested the heat worked intermittently. Commissioners and counsel noted there is no formal inspection report on file and asked the building department to provide any documentation.

Because parties indicated they might reach a settlement, the commission urged informal settlement discussions (to be scheduled via Zoom) and moved to table the compliance matter pending any agreement; commissioners approved tabling and asked the parties to consider withdrawing an eviction action in housing court while settlement is pursued.

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