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Five referedum questions on the Portland Nov. 3 ballot, the result of a People First Portland citizens initiative, aim to increase affordable housing, make development more attuned to climate change and elevate working and living situations for the city's residents. All five are strongly opposed by a variety of business, government and nonprofit organizations. Mainebiz is taking a look this week at the questions. Today's article focuses on Question D, rent control.
Portland voters resoundingly rejected rent control in the 2017 election, but things have changed, say representatives of the group behind a citizen's initiative calling for voters to revisit the measure on Nov. 3.
"Rents have considerably gone up since then," said Karen Snyder, speaking to Mainebiz for People First Portland. She said opponents of rent control three years ago argued that rents have stabilized.
But the prices have increased 50% in the city over the last decade, according to the the group. "Rents haven't stabilized, they've only gone up," Snyder says.
Opponents say that the policies called for in the referendum will keep landlords from improving the city's aging housing stock and halt efforts to provide more housing in the city, while also prompting landlords to raise rents every year.
"Rents won't go down, but a whole new city bureaucracy will be created," Building a Better Portland, a group made up of a variety of business and real estate groups says on its website.
Question D is opposed by groups ranging from the Maine Real Estate and Development Association, the Greater Portland Regional Chamber of Commerce, to Portland Mayor Kate Snyder (no relation) and seven of the city's nine councilors, who issued a news release Tuesday opposing all five of the PFP referendums on the ballot.
According to rentjungle.com, the average rent in March, before the COVID-19 pandemic, was $1,497 a month, with renters paying $1,232 for a one-bedroom and $1,674 for a two-bedroom apartment. Those costs have decreased slightly during the pandemic, but are still about 6% higher than the national average.
As of September, average rent for an apartment in Portland was $1,394 which, was still 4.38% increase from last year. In 2011, according to the site, the average rent was $1,071. Portland is consistently ranked one of the least affordable cities in the country to live.
The measure calls for:
In 2017, 64% of the city's voters rejected a similar ordinance, with a 13,466-to-7,595 vote. The referendum had many of the same elements this year's does.
The 2020 proposal exempts owner-occupied apartment buildings with up to four units, which is a change from 2017, where the buildings didn't have to be owner-occupied.
Those in favor of the ordinance say it protects tenants, giving them more power over rent increases, and provides more detailed information on what's behind rent hikes.
The group, which formed from the Southern Maine Democratic Socialists of America political party, has the support of a variety of labor unions and the Maine State Building & Construction Trades Council, as well as advocacy groups the Maine People’s Housing Coalition, Black P.O.W.E.R, Southern Maine Workers’ Center and the Portland Maine Green Party.
Many renters are priced out of the city, and it's not getting better, said Karen Snyder, of PFP.
Snyder, a landlord, said there are many good landlords in the city, but also many who gouge tenants who have little recourse. "There's always some rationalizing for why they're increasing the rent by $500," she said.
Opponents, many who have organized through the group Building a Better Portland, say the ordinance will make it harder for people to find affordable places to live, increase property taxes, and prevent preservation on historic buildings. They also say it will incentive landlords to increase rents every year, stop making improvements to property and force them to keep bad tenants for three months. Members also said the rent board is weighted toward tenants.
Question D "will not help help low-income tenants, it will not create housing, in fact it will effectively guarantee that all tenants rents go up every year," said Brit Vitalius, president of the Southern Maine Landlord Association, at an Eggs & Issues webinar sponsored by the Greater Portland Regional Chamber of Commerce Oct. 7. Vitalius and the chamber are members of Building a Better Portland.
He said the provision against discrimination is redundant, repeating laws already in place. "It's a red herring to sway voters to vote for this," he said.
One big issue is that landlords won't be able to get more money for improved property. "If you want to rent your property, fix it up, you then go before this rent board and ask for an increase, and the most increase you can be given is 10% after the fact," he said.
The mayor and City Council, in their news release opposing the referendum question, as well as the other four, said Tuesday it will undo progress the city has worked hard to achieve over the past few years. Councilors signing the letter were Nick Mavodones, Jill Duson, Belinda Ray, Spencer Thibodeau, Tae Chong, Justin Costa and Kim Cook.
The letter says that the mayor and councilors "are not necessarily opposed to the policy goals of the ballot questions, but rather the process and context in which they were developed, anticipated unintended consequences, and the fact that they cannot be changed for five years by the City Council."
If approved, any changes the council wants for the next five years can only be made by a ballot vote of the city's residents.
An Act to Protect Tenants will cap most annual rent increases to the rate of inflation, ban discrimination against tenants with public vouchers, incentivize landlords to provide 90-day notice to tenants they are asking to vacate, and create a tenant/landlord board to permit additional rent increases when individual building circumstances warrant, such as major capital improvements.
1. That the Code of Ordinances, City of Portland, Maine, is hereby amended by adding a section to be numbered Chapter 6, Article XII, which said article reads as follows:
ARTICLE XII. RENT CONTROL AND TENANT PROTECTIONS
Sec. 6–230. Purpose.
The purpose of this Article is to address increasing rental costs within the City of Portland; to promote neighborhood and community stability; to protect the City’s tenant population; to limit arbitrary evictions; and to stabilize and make more predictable future rent increases, all while remaining in conformance with Maine law, and ensuring that Landlords within the City receive a fair return on investment.
Sec. 6–231. Applicability.
This Article shall apply to Rental Units in the City limits of Portland, exempting the following:
(a) Rental Units owned, operated, or otherwise managed by municipal housing authorities, as defined in 30-A M.R.S. §4721(1), as amended;
(b) Accommodations provided in a hospital, convent, church, religious facility, or extended care facility;
© Dormitories owned and operated by an institution of higher education, or by Portland Public Schools;
(d) Rental Units within a building containing only two (2), three (3) or four (4) dwelling units, one of which the Landlord currently occupies as his or her principal residence;
(e) Accommodations where the amount of rent charged is either controlled or subsidized by a federal, state, or local governmental agency; and
(f) Accessory dwelling units, as defined and understood in Chapter 14 of this Portland City Code.
Sec. 6–232. Definitions.
Allowable increase percentage means the amount that the rent of a Covered Unit may be raised within a Rental Year, unless a Landlord is entitled to additional increases as laid out in Section 6–233 below. The allowable increase percentage shall be determined on September 1 of each year beginning on September 1, 2021, and shall be equal to 100 percent of the change in the Consumer Price Index for Greater Boston Metro Area, as published by the United States Bureau of Labor Statistics or its designee.
Base rent means the initial amount of rent that a Landlord charges for a Covered Unit, as more specifically defined in Section 6–233 of this Article.
Banked rent means the Base Rent for a Covered Unit, plus any increase in rent to which the Landlord was entitled under Sections 6–233 and 6–234 below, but that was not charged to a Tenant during a particular Rental Year.
Constructed means a Rental Unit that has received its final certificate of occupancy from the City’s Permitting and Inspections Department, or its designee.
Covered unit means a Rental Unit within the City of Portland that does not fall within a category exempted from this Article by Section 6–231.
Current covered unit means a Covered Unit that is occupied by a Tenant on January 1, 2021.
Discontinued covered unit means a Covered Unit that is not occupied on January 1, 2021 and has not been registered with the City of Portland under Section 6–151 of this Chapter.
Landlord means an owner, manager, managing agent, sublessor, or other person having the right to rent or sell or manage any housing unit or rental property or any agent of these individuals or entities.
Qualified family member means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage, or adoption.
Rent means the consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in consideration with, the use or occupancy of rental units and housing services. Such consideration includes, but is not limited to, monies and fair value of goods and services rendered to or for the benefit of the Landlord under the Rental Agreement, or in exchange for a Rental Unit, or housing services of any kind.
Rent board means the set of appointed individuals responsible for the administration of this Article, in accordance with the terms set forth below.
Rent stabilization allowances means collectively the Allowable Increase Percentage, the Tax Rate Rent Adjustment, and any additional rent increase exemptions approved by the Rent Board under Section 6–234 of this Article.
Rent stabilization ordinance means Chapter 6, Article XII of the Code of Ordinances, City of Portland, Maine, as amended.
Rental agreement means a written legal contract between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit.
Rental unit means any dwelling unit that is rented or otherwise made available for rent for residential use or occupancy, together with all additional rights, privileges, or services connected with use or occupancy of such a unit, including but not limited to vehicle parking spaces, storage, and commons areas and/or recreational facilities held out for use by the Tenant.
Rental year means a period of twelve (12) consecutive months beginning on January 1, 2021, or the date on which a Covered Unit enters the rental housing market, whichever is earlier.
Tax rate rent adjustment means the additional amount by which a Landlord may increase the rent of a Covered Unit within a given year. The Tax Rate Rent Adjustment may be added to the Allowable Increase Percentage if and only if the City changes the mil rate as compared to the previous Rental Year. In this case, the tax rate rental adjustment is equal to the actual increase in property taxes attributable to the individual Covered Unit.
Tenancy means the right or entitlement of a Tenant to use or occupy a rental unit.
Tenant-Based Rental Assistance means any and all forms of tenant-based rental assistance and vouchers, including but not limited to:
(a) Tenant-based rental assistance through the Section 8 Housing Choice Voucher Program, 42 U.S.C § 1437f (o)
(b) Tenant-based rental assistance through the HOME Investment Partnerships Act at title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C § 12701 et seq.;
© Tenant-based rental assistance under the HOD-Veterans Affairs Supportive Housing (HUD-VASH), authorized by§ 8 (o) (19) of the United States Housing Act of 1937, 42 U.S.C. § 1437f (o) (19);
(d) Tenant-based rental assistance through the Shelter Plus Care Program authorized by title IV, subtitle F, of the Stewart B McKinney Homeless Assistance Act, 42 U.S.C. §§ 11403–11407b, as amended;
(e) Tenant-based rental assistance through the Supportive Housing Program authorized by title IV, subtitle F, of the Stewart B McKinney Homeless Assistance Act, 42 U.S.C. §§ 11381–11389, as amended;
(f) Tenant-based rental assistance through the Section 8 Disaster Voucher Program (DVP);
(g) Tenant-based rental assistance through the Housing Opportunities for Persons with AIDS (HOPWA) Program, 42 U.S.C. § 12901 -12912 as amended;
(h) Tenant-based rental assistance through the Community Block Grant Program, 42 U.S.C. § 5301 et seq. as amended;
(i) Tenant-based rental assistance through the Continuum of Care Program authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11381–11389;
(j) Tenant-based rental assistance through the Rural Development Voucher Program authorized through § 542 of the Housing Act of 1949, as amended. See 78 Fed. Reg. 49374 (Aug. 14, 2013) (proposed rule);
(k) Tenant-based rental assistance through the Maine Bridging Rental Assistance Program, authorized by M.R.S. Title 34-B § 3011;
(l) Tenant-based rental assistance through the Maine State Housing Authority Home To Stay Program, M.R.S. Title 30-A § 4771;
(m) Tenant-based rental assistance through the Maine State Housing Authority Stability Through Engagement Program, M.R.S. Title 30-A § 4771;
(n) Tenant-based rental assistance through the City of Portland’s Tennant Based Rental Assistance Program, M.R.S. Title 30-A § 4771;
(o) Tenant-based rental assistance through the City of Portland’s General Assistance Program, authorized by M.R.S. Title 22 § 4301 et seq.; and
(p) Such other Tenant-based rental assistance or rental vouchers or rental coupons as may be authorized under any federal, state, or local program.
Sec. 6–233. Establishment of base rent.
(a) Base Rent for Current Covered Units. Beginning on January 1, 2021, each Covered Unit shall be registered with the City in accordance with Section 6–151(c). Such registration must include proof of the rent charged by the Landlord for each Covered Unit as of June 1, 2020 (i.e., through presentation of a valid Rental Agreement, rent payment receipt, or other acceptable means within the opinion of the City). This amount shall be the Base Rent for purposes of the Rent Stabilization Ordinance.
(b) Base rent for Discontinued Covered Units.
(i) If a Covered Unit is not registered with the City as of January 1, 2021, but is registered with the City after such date, the Base Rent shall be set by the Landlord.
(ii) If a Covered Unit is registered with the City as of January 1, 2021, but is removed from the rental housing market, the Base Rent for such a Covered Unit upon reentry to the rental housing market shall be the Banked Rent, as measured from the Rental Year in which the Covered Unit was removed from the rental housing market.
(iii) If a Covered Unit is registered with the City as of January 1, 2021, but is subsequently removed from the rental housing market for a period of five (5) or more Rental Years, the Base Rent for such a Covered Unit upon reentry into the rental housing market shall be set by the Landlord.
© Base rent following renovation or reconfiguration of Covered Units. Upon the renovation or reconfiguration of a Covered Unit, the Landlord may charge no more than the Banked Rent for that unit, or may apply to the Rent Board for determination of the appropriate increase in rent. When determining the appropriate increase in rent, the Rent Board may consider factors including the increase in floor area, the addition or upgrade of amenities, and any other factor determined relevant in the opinion of the Rent Board.
(d) Base rent following consolidation of Covered Units. When two (2) or more Covered Units are consolidated to create a single Covered Unit, the Base Rent for the resulting Covered Unit shall be equal to the Banked Rent of the larger of the two previously-existing Covered Units, increased by a percentage equal to the increase in square footage of the new Covered Unit.
Sec. 6–234. Rent increase limitations.
(a) Beginning on September 1, 2021, and occurring no later than September 1 of each subsequent year, the Housing Safety Office shall establish and publish the Allowable Increase Percentage and the Tax Rate Rent Adjustment for the following calendar year.
(b) A Landlord may only increase the rent charged for a Covered Unit once within a Rental Year, by an amount that conforms to the following specifications:
(i) Annual Increase Percentage. Unless a Landlord qualifies for an additional increase as further described below, rent for a Covered Unit may not be increased by more than the Allowable Increase Percentage.
(ii) Tax Rate Rent Adjustment. If the mil rate within the City of Portland is altered for the subsequent fiscal year a Landlord may, in addition to the Allowable Increase Percentage, increase rent by the Tax Rate Rent Adjustment for the subsequent Rental Year.
(iii) New Tenancy. A landlord may increase the rent on a Covered Unit by five percent (5%) of the base rent in addition to any other allowable increases when a new tenant occupies a unit. This increase may be applied at most once per year, regardless of the number of new tenancies.
(iv) Banked Rent. If the Landlord has banked additional rent increases, in accordance with Section 6–235 below, this banked amount, in whole or in part, may be added to the increases permitted by subsections (i) and (ii) above.
(v) Additional Rent Board Approved Increases. In addition to the above rent adjustments, the Rent Board may approve additional rent increases properly demonstrated by the Landlord, attributable to:
i. Capital improvement costs, including financing costs;
ii. Uninsured repair costs;
iii. Increased housing service costs; and
iv. Any additional increase, within the opinion of the Rent Board, required to allow the Landlord to receive a fair rate of return.
© Under no circumstances may a Landlord raise the rent of a Covered Unit by more than ten (10) percent within a Rental Year. Any rent increases available to a Landlord in excess of ten (10) percent must be banked for use in a subsequent Rental Year.
(d) Before increasing the rent of a Covered Unit, a Landlord must send a signed document to the Tenant(s) no fewer than seventy-five (75) days before the effective date of the rent increase. This document must include the date on which the Tenancy began, the date on which the rent will be increased, and the appropriate justifications for such a rent increase as defined in Section 6–234(b) above. Failure to provide such documentation shall be considered a violation of this Article.
(e) A Tenant who receives notice of a rent increase that they believe does not conform with this Section may file an appeal of said rent increase with the Rent Board. Upon receipt of the appeal, the Rent Board shall schedule a public hearing to be held no more than twenty-one (21) days after the filing of the completed appeal application. At the public hearing, the Board will consider the rent charged under the existing Rental Agreement, the amount of the proposed new rent, and the factors which may or may not allow such an increase in accordance with this Article. Upon consideration of such evidence, the Board will render a decision as to whether the increased rent is allowable. If such an increase is more than is allowed by this Article, the Board may impose such fines as are allowed by this Article.
Sec. 6–235. Process of banking rent increases.
If a Landlord chooses to not impose any rent increases to which they are entitled pursuant to Section 6–234 above, these increases may be banked, in whole or in part. Banked increases may be used to raise the rent of Covered Units in subsequent Rental Years in addition to the Rent Stabilization Allowances established for that year by the Rent Board, provided that the total increase of such rent shall not exceed ten (10) percent within a single Rental Year.
Sec. 6–236. Termination of Tenancies-At-Will
(1) In order to be terminated by a Landlord, tenancies-at-will must be terminated by providing a minimum of 90 days’ written notice to Tenant except as provided below:
a. “For Cause” tenancies terminable on 7 days’ notice pursuant to 14 M.R.S. § 6002(1) may be terminated in accordance with Section 6002(1);
b. Short-term rentals with a term of fewer than 30 days’ are exempt from the 90-day notice period outlined herein;
c. Holdover tenancies are exempt from the 90 day notice period outlined herein;
d. Where a Landlord provides $500.00 reimbursement to Tenant for the inconvenience of termination, tenancies-at-will may be terminated by notice to the Tenant of sixty (60) to eighty-nine (89) days;
e. Where a Landlord provides $1000 reimbursement to Tenant for the inconvenience of termination, tenancies-at-will may be terminated by notice to the Tenant of thirty (30) to fifty-nine (59) days.
(2) Reimbursement amounts outlined in subsections © and (d) above are lump-sum amounts payable in a single installment for the collective benefit of all tenants of a unit. Tenants are responsible for allocating the reimbursement amount among themselves.
Sec. 6–237. Discrimination prohibited in sale or rental of housing units.
(a) A tenant shall have the right to secure a rental housing unit without being refused that right on the basis of discrimination because of race, color, sex, sexual orientation, physical or mental disability, ancestry, national origin, or family status, pursuant to 5 M.R.S. Section 4581-A, et. seq., as amended from time to time.
(b) A landlord shall not refuse to rent or impose terms of tenancy on any tenant who is a recipient of federal, state or local public assistance, including medical assistance and housing subsidies primarily because of the individual’s status as a recipient as described in 5 M.R.S. §4581-A(4), as amended from time to time.
© It shall be prohibited for a landlord to refuse to rent or negotiate for the rental of, or otherwise make unavailable or deny a dwelling to any tenant because of the tenant’s source of income or because of the requirements of any program providing the source of income;
(d) It shall be prohibited for or a landlord to refuse to participate in or comply with any federal, state, or local requirements of a tenant-based rental assistance program, including, but not limited to the following:
1. Refusing to allow inspections of a dwelling by the public housing authority or other entity administering a tenant-based rental assistance program;
2. Refusing to make reasonable repairs necessary for the dwelling to meet the housing quality standards of the tenant-based rental assistance program; such repairs will be considered reasonable if they do not substantially alter or change the housing unit or do not require repairs substantially different from those that would be required to bring the rental unit into compliance with the Maine Warranty of Habitability Act or local building or housing codes applicable for new construction.
3. Refusing to complete any necessary paperwork, including but not limited to such documents as the Request for Tenancy Approval form, the Housing Assistance Payments Contract, and the Tenancy Addendum or applicable General Assistance forms; and,
4. Refusing to provide information required by the public housing authority or other entity administering the source of income or tenant-based rental assistance program.
Sec. 6–238. Notice of ordinance to tenants.
(a) The Planning Department or its designee shall create and make available on the City’s publicly accessible web site a plain language document that explains the rights, responsibilities, and protections created by this Ordinance.
(b) The document referenced above shall be provided by Landlords to all Tenants in Covered Units at the commencement of the rental of the Covered Unit and shall be provided again upon any update to the document made by the City.
© An acknowledgement of receipt of the document described above must be signed by all Tenants, and a copy of the acknowledgement kept on file by the Landlord for at least three (3) years and made available for inspection at the request of the City of Portland.
(d) Landlords of buildings shall post a copy of the document referenced above in at least one (1) conspicuous common area within the building housing the Covered Units.
Sec. 6–239. Non-waiver of rights.
No provision of, or right conferred by, this Article may be waived by a Tenant, by agreement or otherwise, and any such waiver shall be void. Any attempt to require, encourage, or induce a Tenant to waive any provision hereof, or right hereby, shall be a violation of this Article. Nothing herein shall be construed to void any term of a Rental Agreement that offers greater rights than those conferred hereby.
Sec. 6–240. Enforcement and remedies.
Any violation of this Article is considered a civil infraction and shall be enforced pursuant to the Portland City Code Chapter 1, §1–15.
Sec. 6–241. Limitation of Liabilities
(a) Nothing in this Article shall be interpreted to contravene the general laws of the State of Maine; and
(b) Nothing in this Article shall be construed to create additional liabilities greater than those already existing under law or to create new private causes of action.
Sec. 6–242. Severability.
The provisions of this Article are severable. If any of its provisions are held invalid by act of a court of competent jurisdiction, all other provisions of this Article shall continue in full force and effect.
Sec. 6–243. — Sec. 6–249. Reserved.
2. That the Code of Ordinances, City of Portland, Maine, is hereby amended by adding a section to be numbered Chapter 6, Article XIII, which said Article reads as follows:
ARTICLE XIII. RENT BOARD
Sec. 6–250. Creation; composition.
There shall be a Rent Board of seven (7) members. Members of the Rent Board shall be residents of the city and shall not be officers or employees of the city or any of its agencies or departments.
Two (2) members shall be appointed to fill at-large seats, and may reside in any part of the city. The remaining five (5) members shall be comprised of one member from each of the five (5) city council wards. Should the number or location of said city council wards be changed, the districts and number of Rent Board members shall change to mirror such changes.
The City shall take reasonable steps, but is not required, to appoint to the Rent Board with no more than three (3) landlords and at least three (3) tenants.
Sec. 6–251. Appointment; terms.
The members of the Rent Board shall be appointed by the City Council for terms of three (3) years. Such members shall serve until their successors are duly appointed and qualified. Such terms shall be staggered so that the terms of not more than three (3) members shall expire in any calendar year.
Sec. 6–252. Vacancies.
Permanent vacancies on the Rent Board shall be filled by the City Council, in the same manner as other appointments hereunder, for the unexpired term of the former member.
Sec. 6–253. Removal of members.
Any member of the Rent Board may be removed for cause by the City Council at any time; provided, however, that before any such removal, such member shall be given an opportunity to be heard in his or her own defense at a public hearing.
Sec. 6–254. Compensation.
Members of the Rent Board shall serve without compensation.
Sec. 6–255. Chair and vice-chair.
(a) The members of the Rent Board shall annually elect one (1) of their number as chair to preside at all meetings and hearings and to fulfill the customary functions of that office, and another of their number as vice-chair. The chair may administer oaths. The chair shall have the right, upon request, to designate any person or organization as a specially interested party for purposes of offering evidence and conducting cross-examination at hearings.
(b) In the absence of the chair, the vice-chair shall act as chair and shall have all the powers of the chair. The vice-chair shall have such other powers and duties as may from time to time be provided by the rules of the Rent Board.
Sec. 6–256. Staff secretary; minutes, public records.
The Housing Safety Office shall designate a member of its staff to serve as staff secretary of the Rent Board and attend all its proceedings. The staff secretary shall keep the minutes of the proceedings of the Board, showing the vote of each member on every question, or his or her absence or failure to vote, and shall maintain the permanent records and decisions of all board meetings, hearings and proceedings, and all correspondence of the board, as required by statute. Such records shall be public records open to inspection during working hours upon reasonable notice.
Sec. 6–257. Quorum and necessary vote.
As to any matter requiring a hearing, no business shall be transacted by the Rent Board without a quorum, consisting of four (4) members being present. The concurring vote of at least four (4) members shall be necessary to authorize any action by the Board. If less than a quorum is present, the hearing may be adjourned from time to time for a period not exceeding three (3) weeks at any one time. The staff secretary shall notify in writing al members of the date of the adjourned hearing and shall notify such other interested parties as may be directed in the vote of adjournment.
Sec. 6–258. Meetings, hearings, and procedures.
(a) Regular meetings of the Rent Board shall be held at the call of the chair or as provided by the rules of the board. Special meetings shall be called by the chair at the request of any three (3) members of the Board or at the request of the city council. All meetings and hearings of the board shall be open to the public.
(b) The Rent Board shall adopt its own rules of procedure for the conduct of its business not inconsistent with the statutes of the state and this article. Such rules shall be filed with the staff secretary and with the city clerk. Any rule so adopted which relates solely to the conduct of hearings, and which is not required by the statutes of the state or by this article, may be waived by the board upon good cause being shown.
Sec. 6–259. Public hearings.
Public hearings shall be held as required by the various statutes, codes, and ordinances pursuant to which matters are brought before the Rent Board and shall be conducted in accordance with relevant state law, this code, and the rules of the board.
Sec. 6–260. Record and decisions.
(a) The minutes of the staff secretary, and the transcript if one (1) is made, and all exhibits, papers, applications, and requests filed in any proceeding before the Rent Board, and the decision of the Board shall constitute the records.
(b) Every final decision of the Rent Board shall include written findings of fact, and shall specify the reason or reasons for such decision.
© The staff secretary shall mail notice of any decision of the Rent Board to the applicant and any designated interested parties within five (5) days of such decision.
Sec. 6–261. Conflicts.
No member of the Rent Board shall participate in the hearing or disposition of any matter in which they have an interest, as defined by 30-A M.R.S.A. § 2604(4), as amended.
Sec. 6–262. Appeals to Superior Court.
An appeal from any final decision of the Rent Board as to any matter over which it has final authority may be taken by any party or by any authorized officer or agent of the City to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
Sec. 6–263. Jurisdiction and authority.
In addition to the jurisdiction conferred on it by other ordinances of the City and in accordance therewith, the Rent Board shall have the following jurisdiction and authority:
(a) To hear, review, and approve or deny Landlord applications for rent increases greater than those allowed by the Rent Stabilization Ordinance;
(b) To hear, review, and approve or deny Landlord applications for increases in Base Rent due to the renovation or reconfiguration of existing Covered Units, as provided for in Section 6–234 above.
© To hear, review, and grant or deny appeals from Tenants regarding allegations violations of Maine statute regarding the habitability of residential units.
(d) To hear, review, and approve or deny any requests from Landlords for an extension of time in which to reinstate Tenants temporarily displaced due to the Landlord’s performance of necessary capital improvements to the Covered Unit and/or the building in which said unit is housed.
(e) To hear, review, and decide the appropriate outcome of all disputes arising between Landlords and Tenants on matters falling within the scope of Article XII of this Chapter, if both parties consent to such mediation and resolution by submitting the landlord/tenant dispute form, as maintained and edited by the Housing Safety Office, signed by both Landlord and Tenant no later than fourteen (14) days before the date on which such a hearing shall be scheduled.
(f) To impose such fines as are necessary and allowed for violations of the provisions of the Rent Stabilization Ordinance.
(g) To prepare and recommend to the City Council changes and amendments to the City’s Rent Stabilization Ordinance.
(h) To prepare an annual report on the state of the City’s rental unit availability, which shall be presented to the City Council as part of a regularly-scheduled public hearing. This report shall include a summary of rents within each of the five (5) council wards. Such reporting may or may not be done in conjunction with similar reporting required of the City’s Rental Housing Advisory Committee, as established by this Chapter.
(i) To initiate changes and amendments to this Article, as well as to the city’s Rent Stabilization Ordinance.
3. That Chapter 6, Section 151, of the Code of Ordinances, City of Portland, Maine, is hereby amended as follows:
Sec. 6–151. Registration required.
…
©Additional Information Required for Covered Units. A Covered Unit, as defined by Section 6–232 of this Chapter, shall not be considered registered unless and until the registrant has submitted the following additional information:
1. The current rent charged at the time of registration;
2. The increase in rent (if any) when compared to the previous Rental Year’s rent;
3. Whether the increase (if any) is attributable to: (1) the Allowable Increase Percentage and Tax Rate Rent Adjustment, as defined in Section 6–232; or (2) also includes Banked Rent, as defined in Section 6–232;
4. The amount of Banked Rent, if any, accumulated in the previous Rental Year;
5. The amount of security deposits or other payments demanded in addition to rent for each Covered Unit; and
6. The number of bedrooms, number of bathrooms, and the presence or absence of a kitchen from each Covered Unit.
(d) Registration data made available. The City’s Permitting and Inspections Department or its designee is required to make anonymized data from the registration of Covered Units available to the Rent Board at the Board’s request. Such data shall not include the names, or street and unit numbers of any reported units.
4. That Chapter 6, Section 152, of the Code of Ordinances City of Portland, Maine, is hereby amended as follows:
Sec. 6–152. Registration Fees.
…
(b) Long Term Rental Registration Fee. The registrant of a long term rental shall pay fifty dollars ($50.00) to the City by January 1st of each year. Regardless of any discount a Landlord may be entitled to under subsection (d) below, thirty dollars ($30) from each registration fee shall be appropriated to Housing Safety Office to cover the administrative expenses of the Rent Board, including the hiring of additional administrative staff if necessary.
I am a landlord of one two unit building in Portland. My tenants pay monthly rent that is $300 below market. The only times have had to raise the rents over the past 5 years is because the city of Portland raised property taxes, created a new sewer fee, and created a new safety office in response to the Noyes street Halloween fire a few years ago (they created a new fee for landlords to pay for that office). Last February the city sent out fliers entitled "Let's talk reevaluation" to announce their intention to once again raise taxes. In June that was shelved because of Covid but tax bills that were just sent out indicate that it will be back on come spring. Then city politicians go on the news and decry that greedy landlords are to blame for rising rents. When property values go (for many reasons) the city is right there to capitalize on the increased value and by doing so guarantees that rents will rise and stay there. If you want affordable housing then the city should be working with developers to build it. They can use tax incentives and other measures that don't infringe upon citizens or pervert the free market.
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Learn moreThe Giving Guide helps nonprofits have the opportunity to showcase and differentiate their organizations so that businesses better understand how they can contribute to a nonprofit’s mission and work.
Work for ME is a workforce development tool to help Maine’s employers target Maine’s emerging workforce. Work for ME highlights each industry, its impact on Maine’s economy, the jobs available to entry-level workers, the training and education needed to get a career started.
Few people are adequately prepared for all the tasks involved in planning and providing care for aging family members. SeniorSmart provides an essential road map for navigating the process. This resource guide explores the myriad of care options and offers essential information on topics ranging from self-care to legal and financial preparedness.
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