Thomas Breen photo
The 30-unit complex 115-123 Pendleton.
The Fair Rent Commission trimmed a proposed $325 rent hike to $100, siding with an elderly veteran who said the increase would force him out of his home of 15 years — a two-bedroom apartment that he now needs to accommodate a full-time caregiver.
The unanimous decision came at the commission’s latest monthly meeting, held on Zoom Tuesday night. It was the last of three cases heard by the quasi-judicial body, which is empowered by state law to review complaints of excessive rent hikes, landlord retaliation, and unsafe living conditions.
John Dawson, who resides in a 30-unit building at 115 Pendleton St., filed the complaint on April 9 after his landlord, Maple Pen, LLC — a holding company controlled by South 5 Corp and its Brooklyn-based president Ernest Schemitsch — notified him of a rent hike from $975 to $1,300.
A 33 percent increase would be unaffordable, said Sarah Leone, Dawson’s lawyer from Connecticut Veterans Legal Center. She noted that Dawson’s rent has already been raised by 75 percent since 2021 and that the apartment is “less than sanitary” due to ongoing problems with mice, roaches, and water leaks. “I do not think that it is equitable to increase rent on a senior citizen with a fixed income by 33 percent,” she said.
Attorney Paul Small, representing the landlord, argued that Dawson’s current rent was based on a now-terminated agreement with the previous owner. “[Mr. Dawson] was working on the property, and he is no longer working on the property,” said Small. “It would not be fair and equitable to keep the rent based on the working arrangement he had.” (Leone claimed that the agreement between Dawson and the previous landlord involved a separate payment for services, not subsidized rent. According to eviction court documents from October 2022, Dawson had withheld rent for a time because the landlord owed him $1,000 for construction-related work he had performed at one of Maple Pen’s properties in West Haven).
Small said the property manager, Mendy Katz, had offered Dawson a one-bedroom apartment in the same building for $1,050 per month, including heat and hot water, on June 4. That apartment would include a fresh coat of paint, new cabinets, and upgraded appliances.
Katz described the deal as reasonable. “It seems to me that [Dawson] needs to hold onto this two-bedroom and not let it go,” he said. “I’m trying to help him…I had him under eviction two times, and I waited and waited and waited” until he was able to pay.
But Dawson said he needs the two-bedroom apartment for health reasons. “I’m going to be seeking a caregiver’s service, because my son helps me with my insulin shots, and keeps me on track with my diabetic medication, my blood pressure medication, my cholesterol medication,” he said. “I’m going to need an extra room for that.”
Katz claimed Dawson only recently disclosed the medical need, even though he had informed Dawson about the rent increase a year earlier. He reiterated that market rent for two-bedrooms in the area is closer to $1,800, well below the proposed increase to $1,300.
In his rebuttal, Small asked, “Mr. Dawson, have you ever made a complaint that wasn’t addressed by the landlord with respect to mice, roaches, or anything of that nature?”
Dawson said, “He’s always responded to my complaints.” Later, he added, “I’m not saying [Katz, the property manager] is a bad landlord — he’s a good friend.”
Commissioner Dondre Roberts opened the board’s deliberations by noting that ability to pay and market rent are “two completely separate things.”
Commissioner Javier Cabrera agreed and highlighted the extent of Dawson’s needs. “What [Katz] proposed to the tenant is fair…but hearing what services [Dawson]‘s looking for — he is a veteran, he is an elder — I won’t be able to sleep at night knowing that he took the deal and isn’t able to get the services he needs,” Cabrera said.
The commissioners agreed the increase was excessive but debated what would constitute a fair compromise. Commissioner Douglas Losty pointed out that $1,300 is still significantly below market rate and suggested splitting the difference — around $1,100.
Commissioners David Caruso, Elizabeth McCrea, and Cabrera pushed back. “I think we have to take into account what the tenant can actually pay,” said Caruso. “The tenant’s needs outweigh the landlord’s in this case.”
McCrea supported an increase to $1,075, a figure that Dawson said he could afford. She argued that $25 per month would mean far more to Dawson than his landlord.
After a few more minutes of discussion, the commission voted unanimously to allow the 10 percent increase to Dawson’s rent, resulting in a final monthly rent increase from $975 to $1,075.
