body,date,page,text,path
RentReviewAdvisoryCommittee,2016-09-07,1,"Approved Minutes
Minutes of the Regular Meeting of the
Rent Review Advisory Committee
Wednesday, September 7, 2016
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:37 p.m.
Present were: Chair Sullivan-Sariñana, Vice-Chair Landess; and Members Griffiths,
Friedman, and Schrader.
Absent: None
Vacancy: None
RRAC staff: Jennifer Kaufman
2. AGENDA CHANGES (None)
3. ANNOUNCEMENTS
a. The Chair invited Angie Watson-Hajjem of ECHO Housing to speak about ECHO's Fair
Housing and tenant/landlord mediation services.
b.
Staff is developing an information brochure for tenants and landlords regarding new
regulations and protections under Rent Stabilization Ordinance no. 3148.
4. CONSENT CALENDAR
a.
Approval of the Minutes of the August 1, 2016 Regular Meeting
Approved by unanimous consent with the provision that staff confirm the exact
percentage of the agreed rent increase in Case 417. Motion and second (Schrader and
Friedman).
5. UNFINISHED BUSINESS (None)
6. NEW BUSINESS
a.
Case 434 -941 - Shorepoint Ct. #F318
Tenant/public speaker: Ralph Medina
Landlord/public speaker: Darren Carrington, Katie Edwards
Mr. Medina stated that his family has lived at the property since 2010 and they would
like to continue living there. Mr. Medina noted that the rent has increased significantly
each of the previous three years, which he finds excessive. The tenant did not feel that
the month-to-month offer was an option due to its high rate, and he preferred a 12-month
lease. Mr. Medina proposed a 2.0% rent increase for a 12-month lease. As an alternative
option, he also proposed a 12-month lease with one month of free rent based an offer he
saw in an online advertisement to prospective tenants at the property.
Ms. Edwards and Mr. Carrington stated that the tenant's rent is $400 below the current
market rate. They explained that it was in the interest of the landlord to have long-term
tenants and leases. They believed it was important to comply with the Ordinance and
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September 7, 2016
considered the 4.9% increase reasonable, given that it was still below the market rate. To
approximate market rates, they observed rents at Ballena Village, Summer House
Apartments, and Tower Apartment Homes. Ms. Edwards and Mr. Carrington proposed
exploring options to transfer the tenant to another available unit on the property within
the tenant's price range.
Mr. Medina did not have interest in relocating to a different unit on the property. He did
not agree that his unit was $400 below market rent. He stated that the rent increase was
causing him to consider leaving the property to move into a more affordable unit
elsewhere.
Parties were unable to reach agreement. The Committee discussed a recommendation for
the rent increase.
Schrader commented there is a difference between the market rent for a new tenant
and the market rent for a long-term tenant. Additionally, he stated it is difficult to
compare unit rents as there is often variation on floor plan, location on the property,
etc. Due to the fact there have been significant rent increases in the past, he stated
there should be comprise on the rent increase and determined a reasonable rent
increase for a 12-month lease would be $90 (3.6%).
Sullivan-Sariñana stated he finds the multiple rent increases over the recent years
excessive, especially because salaries do not increase quickly enough to match. He
emphasized that the financial burden on the tenant gets to the core of the Ordinance
and its purpose. He stated he was not in dispute of the landlord's concerns, however,
he believed the Committee should consider the intent of the Ordinance.
Landess stated that she understood the landlord's perspective. Nevertheless, she also
observed an apparent conflict between the landlord's statement that long-term tenants
are valued, yet, long-term tenants receive frequent, high rent increases. She agreed
with the $90 (3.6%) rent increase recommendation.
Griffiths agreed with statements by Schrader and Landess. He noted that the
Committee should find the most equitable solution that is possible in each situation.
Griffiths expressed the hope that this recommendation will lead to more discussion
between the landlord and the tenant.
Friedman stated that his main concern is the rent increase's financial impact on the
tenant as the factor gets to the purpose of the Ordinance. He noted that the tenant did
not emphasize a concern regarding financial impact. Friedman commented that it
seems the Alameda community has come together and determined that rent increases
of 5% are reasonable. However, he understood the perspective of other Committee
members and was in agreement with their recommendation.
The Committee recommended a rent increase of $90 (3.6%) effective September 12,
2016. Motion and second (Schrader and Landess) and unanimous consent.
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b. Case 435 - 941 Shorepoint Ct. #F314
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
c. Case 441 - 941 Shorepoint Ct. #F111
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
d. Case 442 - 941 Shorepoint Ct. #F106
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
e. Case 444 - 915 Shorepoint Ct. #E323
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
f.
Case 446 - 915 Shorepoint Ct. #E317
No review. Prior to the RRAC meeting, the tenant submitted paperwork to vacate the
unit.
g. Case 448 - 915 Shorepoint Ct. #E306
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
h. Case 450 - 915 Shorepoint Ct. #E304
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
i.
Case 455 - 915 Shorepoint Ct. #E226
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No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
j.
Case 461 - 915 Shorepoint Ct. #E113
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
k. Case 463-909 - Shorepoint Ct. #D322
The case was postponed to the RRAC meeting on October 3, 2016.
1.
Case 472 - 344 Westline Dr. #C305
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
m. Case 475 - 300 Westline Dr. #B229
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
n. Case 476 - 330 Westline Dr. #B427
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
O. Case 478 - 344 Westline Dr. #C202
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
p. Case 480 - 344 Westline Dr. #C209
No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase
between 0-5%.
q. Case 487 - 300 Westline Dr. #A313
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September 7, 2016
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
r.
Case 488 - 310 Westline Dr. #B 101
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
S.
Case 490 - 310 Westline Dr. #B 103
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
t.
Case 497 - 300 Westline Dr. #A216
No review. The tenant did not attend the meeting. Hence, the Committee took no action
and both options on the rent increase notice are valid. The tenant retains the option to
choose the 12-month lease offer or the month-to-month rental agreement offer.
u. Review and approve proposed amendments to the Rent Review Advisory Committee's
Rules and Procedures
Staff summarized amendments in Rules & Procedures based on Committee comments
and feedback from the August 1, 2016 RRAC Regular Meeting.
Members requested additional amendments:
1) Item B.3., Maintenance of Membership. Amended to strike the phrase ""whether
excused or not unexcused."" Motion and second (Schrader and Friedman), passed
unanimously.
2) Item C.3.b., Officers. Concern about who is responsible for archiving and
retaining audio recordings. Staff clarified and the concern was withdrawn.
3) Item D, Duties of the Committee. Concerns about the using the term ""mediation""
as that word does not appear in the Ordinance or Alameda Municipal Code.
Members agreed it is important that their Rules & Procedures match the
Ordinance verbiage exactly.
Motion and second (Schrader and Landess) to strike ""The purpose of the
hearing is to endeavor to settle rent increase disputes through mediation
between parties."" and ""when the parties have not reached an agreement
through mediation"".
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Motion and second (Schrader and Sullivan-Sariñana) to strike ""If an
agreement by mediation does not occur,""
Both motions passed by Sullivan-Sariñana, Friedman, Landess, and Schrader
in favor, Griffiths abstain.
4) Item E., Meetings
Motion and second (Friedman and Schrader) to amend ""the Chair may
grant such a request"" to ""the Chair shall grant such a request.' Sullivan-
Sariñana, Friedman, Landess, and Schrader in favor, Griffiths abstain.
5) Item H., Rules of Order
Members requested clarification for the reason ""Motion to table"" was
removed from the Rules & Procedures. Staff explained removing the
paragraph did not limit the conduct of the Committee. Members withdrew
concern.
Sullivan-Sariñana, Friedman, Landess, and Schrader in favor, Griffiths abstain, to
approve the Rent Review Advisory Committee's Rules and Procedures with amendments
from September 7, 2016.
7. PUBLIC COMMENT
No additional public comment.
8. MATTERS INITIATED
a.
Sullivan-Sariñana stated he would like to invite City Council members to future
RRAC meetings.
b. Staff confirmed the Rent Program's monthly report will be emailed Committee
members.
9. WRITTEN COMMUNICATIONS (None)
10. ADJOURNMENT
The meeting was unanimously adjourned at 9:03 p.m.
Respectfully submitted,
RRAC Secretary
Jennifer Kauffman
Approved by the Rent Review Advisory Committee on October 3, 2016.
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September 7, 2016
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