May 23 – For the second time since Portland’s rent control law went into effect, the rent board recommended that the city fine a landlord for violating the 2020 law.
The rental board determined this in a unanimous vote on Wednesday evening Elizabeth Kane retaliated against her Sawyer Street tenants when she withdrew her lease renewal offer after they questioned whether a rent increase was in compliance with city ordinance.
The board then voted 6-1 to recommend that the city fine Kane $6,000, plus $200 per day starting Thursday, until it corrects that violation by offering the tenants a lease that complies with the “substantially similar” rent control ” with the lease she has terminated, legally terminating the lease. or reaching another mutual agreement with the tenants.
It took board members more than 10 hours, spread over three meetings, to reach an agreement on recommending the fine, which will now be sent to city staff to decide whether to pursue it in court.
The only other time the rental board recommended the city fine a landlord, the city chose not to enforce the fine. The city has said it will not fine landlords if they agree to correct their violations.
The city said it will consider how to proceed after the rental board finishes deliberating on all items in the complaint. The board has yet to decide whether and how much to fine Kane for other rent control violations, including illegally raising and banking rents, failing to register the rental properties with the city and providing inaccurate information. The board is expected to decide on these violations at its May 29 meeting.
Voters approved rent control in 2020. By law, landlords can only raise rent in the Boston area by 70% of inflation and are only allowed to do so once a year, along with a few other exceptions.
The Rent Board’s role is to mediate disputes between tenants and landlords, consider requests from landlords to increase rents beyond what is normally permitted, hold hearings to respond to tenant complaints and recommend measures that will city can undertake.
JUSTIFICATION
Bradley Davis, who rents the Sawyer Street apartment with his girlfriend, filed the complaint against Kane. In an interview Thursday, he said he felt vindicated by the rental board’s findings and hoped they will encourage landlords to comply with the city law.
He said he was especially pleased to see the board decide that a landlord cannot increase or suspend rent if he “substantially” violates the law, because he believes this will encourage landlords to follow the law in the first place .
“I think the rent board’s findings are a big win for Portland and renters across the city,” Davis said.
Rent Board chairman Philip Mathieu said he hopes the findings encourage landlords to be proactive in learning and understanding the rent control ordinance.
Davis said he hopes his landlord will offer him and his girlfriend a new one-year lease and pay them $4,200 to cover what the rent board says was overcharged.
Kane did not respond to messages Thursday asking how she plans to respond to the rent board’s findings and whether she thinks they are fair.
At a meeting earlier this month, Kane said she, her husband and her parents, who co-own the two housing units, never intentionally tried to break the law. They said they did not understand the ordinance, received incorrect information from the city and withdrew their rental offer because they may have to move to their home in Maine due to storm damage to their primary residence in California.
When previously asked about Kane’s claim that the city provided her with inaccurate information, the city said it does not provide legal advice.
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