body,date,page,text,path
RentReviewAdvisoryCommittee,2017-05-01,1,"Approved Minutes
May 1, 2017
Minutes of the Regular Meeting of the
Rent Review Advisory Committee
Monday, May 1, 2017
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:34 p.m.
Present were: Chair Sullivan-Sariñana; Vice-Chair Landess; Members Cambra and
Friedman
Absent: Member Griffiths
Committee Staff: Jennifer Kauffman
City Attorney Staff: John Le
2. AGENDA CHANGES
a. Staff noted that the only tenant present at the meeting was the tenant for the agenda item
7-AF. Motion and second (Sullivan Sariñana and Landess) to hear agenda item 7-AF first.
Unanimous approval.
3. STAFF ANNOUNCEMENTS
a.
Staff explained the schedule for the evening, noting where to find the meeting agenda and
procedures for public comment.
4. PUBLIC COMMENT, NON-AGENDA, NO.1
a. Angie Watson-Hajjem of ECHO Housing spoke about ECHO's fair housing and tenant-
landlord mediation services.
5. CONSENT CALENDAR
a.
Approval of the Minutes from the January 24, 2017 Special Meeting.
Agenda item continued to a future Committee meeting when three Committee members
are present who attended or listened to the audio of the January 24th Committee meeting.
b. Approval of the Minutes from the March 6, 2017 Regular Meeting.
6. Agenda item continued to a future Committee meeting when three Committee members are
present who attended or listened to the audio of the March 6th Committee meeting.
7. UNFINSHED BUSINESS
a. No unfinished business.
8. NEW BUSINESS
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7-AF. CASE 805.1 - 2006 Santa Clara Ave.
Tenant: Roberto De La Torre
Landlord: Mortimer Howard and Felicia Howard
Proposed Rent Increase: $350.00 (12.5%) effective June 1, 2017.
Mr. Howard explained that the rent increase is an effort to earn a fair return on investment and that
the unit's rent is below the market rate. He considered market rate for a comparable unit to be
$3,400 based on his online research and conversations with real estate agents. He stated that the
quality and location of the unit contributes to its value. Mr. Howard noted that he made costly
improvements to the kitchen, floors, backyard, and roof when he purchased the property. Both Mr.
Howard and his daughter expressed a desire to reach an agreement with the tenant.
Mr. De La Torre explained there was a miscommunication with his landlord during the initial
conversation of the rent increase. He was not informed of his rights in the notice and therefore the
landlord was required to re-notice the rent increase. Mr. De La Torre stated this rent increase
request poses a financial burden for his family. He also noted that he felt pressure from his landlord
to accept the increase or move. Mr. De La Torre raised some concerns about the maintenance of
the back fence and explained that he works hard to maintain the property to the best of his ability.
He stated that an increase of $200.00 is more reasonable and affordable.
Committee members asked about the number of tenants and bedrooms. Mr. De La Torre clarified
that there are three adults and six children in the unit. He also clarified that they use two bedrooms,
a converted living room, and a finished basement as a total of four sleeping rooms. Committee
members requested that staff explain the fair housing occupancy standards. Staff described the two
people per bedroom, plus one, guidelines.
Members asked several questions of both parties to facilitate dialogue. The parties were unable to
reach an agreement.
Committee members concluded the conversation with tenant and landlord and opened deliberation
between members to render a recommendation.
Member Friedman noted the history of rent increases: four years of 5% increases, and more
recently, two years of higher increases. He explained that the rent increase request is high,
but also that the number of occupants is also high. He stated that he would support
recommending a 10% increase.
Chair Sullivan-Sariñana expressed concern for the tenant's ability to afford the requested
increase. He explained that the requested 12% increase was very large. He added that the
Committee does not consider market rent into their recommendation. He recommended an
increase of 10%.
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Member Cambra expressed concern that the return on investment calculation may be
misrepresented depending on the actual number of bedrooms in the unit. He noted that the
Committee does not consider the market rent in their recommendation. He agreed that the
high number of tenants in the unit creates a burden on the property. He stated that an
increase above 5% is justified, but expressed concern about the tenant's ability to pay. He
supported an increase 10%.
Vice-Chair Landess noted that both the tenant and the landlord take pride in the property.
She agreed that the number of tenants in the unit adds to wear and tear. She supported a
10% increase with the stipulation that all the tenant's maintenance concerns are addressed.
The Committee made the following non-binding recommendation:
-
$280.00 (10.0%) rent increase from $2,800 to $3,080.00, effective June 1, 2017.
Motion and second (Sullivan-Sariñana and Cambra). Unanimous approval.
7-A. CASE 804 - 215 Hudson Bay
Tenant: Absent
Landlord: Absent
Proposed Rent Increase: $1,525.00 (51.2%) effective March 7, 2017
No Committee review. Prior to the RRAC meeting, the landlord withdrew the rent increase
request. The tenant is purchasing the property.
7-B. CASE 818 - 2701 San Jose Ave.
Tenant: Absent
Landlord: Absent
Proposed Rent Increase: $150.00 (7.5%) effective May 1, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-C. CASE 820 - 300 Westline Dr., A205
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $49.00 (2.0%); No review
Month-to-month agreement - $673.00 (27.3%); Under review
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Effective date: May 31, 2017
No Committee review. The tenant did not attend the meeting. Hence, the Committee took
no action and the rent increase for either option is effective as of the effective date in the
rent increase notice.
7-D. CASE 821 - 300 Westline Dr., A301
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $135.00 (5.0%); No review
Month-to-month agreement - $680.00 (25.2%); Under review
Effective date: May 2, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-E. CASE 823 - 310 Westline Dr., B206
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $84.00 (4.7%); No review
Month-to-month agreement - $592.00 (33.0%); Under review
Effective date: May 25, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-F. CASE 824 - 330 Westline Dr., B225
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $103.00 (4.9%); No review
Month-to-month agreement - $597.00 (28.8%); Under review
Effective date: May 28, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
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7-G. CASE 825 - 344 Westline Dr., C112
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $89.00 (4.9%); No review
Month-to-month agreement - $543.00 (30.5%); Under review
Effective date: June 1, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-H. CASE 826 - 344 Westline Dr., C114
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $56.00 (1.9%); No review
Month-to-month agreement - $646.00 (22.7%); Under review
Effective date: May 10, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-I. CASE 827 - 344 Westline Dr., C211
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $94.00 (4.9%); No review
Month-to-month agreement - $588.00 (31.0%); Under review
Effective date: May 24, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-J. CASE 828 - 344 Westline Dr., C215
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
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12-month lease - $82.00 (4.9%); No review
Month-to-month agreement - $512.00 (31.0%); Under review
Effective date: May 17, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-K. CASE 829 - 344 Westline Dr., C227
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $82.00 (3.6%); No review
Month-to-month agreement - $656.00 (28.8%); Under review
Effective date: May 23, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-L. CASE 830 - 344 Westline Dr., C228
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $105.00 (4.9%); No review
Month-to-month agreement - $642.00 (30.5%); Under review
Effective date: May 28, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-M. CASE 831 - 344 Westline Dr., C311
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $81.00 (3.6%); No review
Month-to-month agreement - $655.00 (28.8%); Under review
Effective date: May 21, 2017
No Committee review. Prior to the RRAC meeting, the tenant provided written
documentation to the landlord that they will vacate the unit.
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7-N. CASE 832 - 909 Shorepoint Ct., D205
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $73.00 (2.6%); No review
Month-to-month agreement - $677.00 (24.4%); Under review
Effective date: June 1, 2017
No Committee review. Prior to the RRAC meeting, the tenant provided written
documentation to the landlord that they will vacate the unit.
7-O. CASE 833 - 909 Shorepoint Ct., D312
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $43.00 (1.9%); No review
Month-to-month agreement - $611.00 (28.1%); Under review
Effective date: May 6, 2017
No Committee review. Prior to the RRAC meeting, the tenant provided written
documentation to the landlord that they will vacate the unit.
7-P. CASE 834 - 915 Shorepoint Ct., E101
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $78.00 (4.9%); No review
Month-to-month agreement - $466.00 (29.6%); Under review
Effective date: May 15, 2017
No Committee review. The tenant did not attend the meeting. Hence, the Committee took
no action and the rent increase for either option is effective as of the effective date in the
rent increase notice.
7-Q. CASE 835 - 915 Shorepoint Ct., E107
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
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Proposed Rent Increases:
12-month lease - $109.00 (4.9%); No review
Month-to-month agreement - $576.00 (26.2%); Under review
Effective date: May 18, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-R. CASE 836 - 915 Shorepoint Ct., E111
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $112.00 (4.9%); No review
Month-to-month agreement - $600.00 (26.6%); Under review
Effective date: May 24, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-S. CASE 837 - 915 Shorepoint Ct., E119
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $81.00 (3.6%); No review
Month-to-month agreement - $652.00 (29.1%); Under review
Effective date: May 29, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-T. CASE 838 - 915 Shorepoint Ct., E206
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $115.00 (4.9%); No review
Month-to-month agreement - $615.00 (26.5%); Under review
Effective date: May 24, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
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7-U. CASE 839 - 915 Shorepoint Ct., E214
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $113.00 (4.9%); No review
Month-to-month agreement - $604.00 (26.6%); Under review
Effective date: May 26, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-V. CASE 840 - 915 Shorepoint Ct., E228
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $71.00 (3.9%); No review
Month-to-month agreement - $594.00 (32.9%); Under review
Effective date: May 10, 2017
No Committee review. Prior to the RRAC meeting, the tenant provided written
documentation to the landlord that they will vacate the unit.
7-W. CASE 841 - 915 Shorepoint Ct., E324
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $57.00 (1.9%); No review
Month-to-month agreement - $657.00 (22.9%); Under review
Effective date: May 26, 2017
No Committee review. The tenant did not attend the meeting. Hence, the Committee took
no action and the rent increase for either option is effective as of the effective date in the
rent increase notice.
7-X. CASE 842 - 941 Shorepoint Ct., F107
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
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Proposed Rent Increases:
12-month lease - $88.00 (4.9%); No review
Month-to-month agreement - $550.00 (31.0%); Under review
Effective date: May 15, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-Y. CASE 843 - 941 Shorepoint Ct., F117
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $69.00 (4.9%); No review
Month-to-month agreement - $461.00 (33.0%); Under review
Effective date: May 18, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-Z. CASE 844 - 941 Shorepoint Ct., F129
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $37.00 (1.9%); No review
Month-to-month agreement - $564.00 (30.4%); Under review
Effective date: May 25, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-AA. CASE 845 - 941 Shorepoint Ct., F133
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $67.00 (4.9%); No review
Month-to-month agreement - $444.00 (32.9%); Under review
Effective date: May 24, 2017
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No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-AB. CASE 846 - 941 Shorepoint Ct., F233
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $37.00 (2.0%); No review
Month-to-month agreement - $560.00 (30.4%); Under review
Effective date: May 20, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-AC. CASE 847 - 941 Shorepoint Ct., F315
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $46.00 (2.4%); No review
Month-to-month agreement - $571.00 (30.3%); Under review
Effective date: May 22, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-AD. CASE 848 - 937 Shorepoint Ct., G116
Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $110.00 (4.9%); No review
Month-to-month agreement - $649.00 (29.3%); Under review
Effective date: May 2, 2017
No Committee review. The tenant did not attend the meeting. Hence, the Committee took
no action and the rent increase for either option is effective as of the effective date in the
rent increase notice.
7-AE. CASE 849 - 937 Shorepoint Ct., G217
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Tenant: Absent
Landlord: Katie Edwards, Prometheus Real Estate Group, Inc.
Proposed Rent Increases:
12-month lease - $76.00 (4.9%); No review
Month-to-month agreement - $502.00 (33.0%); Under review
Effective date: May 24, 2017
No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent
increase between 0-5%.
7-AG. Committee members will discuss the role of maintenance concerns as it applies to
the rent review process.
Member Cambra explained that previous Committees had used maintenance concerns as a
negotiating tool, but did not enforce maintenance agreements. He noted that maintenance
contributes to the value of the property and is relevant to the tenant-landlord discussion. Vice-chair
Landess asked staff for clarification regarding the ability of the Committee to consider
maintenance. Member Friedman noted that maintenance is relevant to the tenant-landlord
relationship.
Staff clarified that the Committee has the authority to render recommendations concerning the
amount the rent increase. In determining the reasonable amount of a rent increase, the Committee
may take into consideration maintenance concerns that result in a decrease in housing services.
However, it is not within the Committee's authority to require maintenance as a stipulation of a
rent increase.
Chair Sullivan-Sariñana expressed concern that the public may not be informed of the Committee's
scope. Member Friedman suggested that parties access mediation services or the courts to address
maintenance concerns. Vice-Chair Landess emphasized that the Committee's involvement in the
case ends when a recommendation is given.
Staff clarified that parties are given the option of free, private mediation before the Committee
meeting. Staff explained that parties can come to an agreement on their own terms and that staff
acknowledges this agreement. Staff also noted that in addition to any written documents,
agreements reached at the Committee meeting are captured in audio recording.
Vice-Chair Landess requested that staff provide additional training on the matter.
Public comment:
Speaker Toni Grimm stated that parties always run out of time during the meeting. She
explained that if tenants know maintenance issues will not be considered, they can spend
more time talking about financial burden and other important factors. She also explained
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that outside parties should not contact Committee members directly. She stated that these
parties should attend the Committee meetings and give public comment.
7-AG. Discussion of trends and concerns with rent increases from large properties.
Chair Sullivan-Sariñana clarified that he intended this item allow for a discussion of the
Committee's non-binding decisions for rent increases equal to or less than 5%. He noted that there
are very few tenants that bring cases to the Committee for rent increases equal to or less than 5%.
He expressed concern that tenants may be unaware of the option to request reviews and asked if
there are opportunities to communicate the RRAC process to the public. Member Friedman
suggested that the Chair write a letter to the newspaper to inform tenants of the review process.
Staff explained that the program administrator is responsible for outreach and education. Staff
summarized some of the most recent outreach efforts and the City Attorney staff identified that
the Committee's scope is specific to rent increase reviews.
Public comment:
Speaker Toni Grimm stated that she believes many tenants with increases equal to or less
than 5% do not request rent increase reviews because the Committee's decision is non-
binding. Moreover, tenants are concerned with creating a confrontational dynamic with
their landlord.
Speaker Trish Spencer stated that Committee members are welcome to attend City Council
meetings and give public comment in an effort to educate the public. She also noted that
the City Council can share information about the RRAC process.
7-AG. Upcoming opportunities to become a RRAC member.
Staff announced that two Committee member terms expire on June 30, 2017. There is currently
an open call for applications to fill one tenant and one landlord seat. More information can be
found on www.alamedarentprogram.org and by contacting the City Clerk's office. Chair Sullivan-
Sariñana expressed appreciation for the current members' service and encouraged current
members to re-apply.
9. PUBLIC COMMENT, NON-AGENDA, NO. 2.
a. No public comment.
10. MATTERS INITIATED
a. Staff announced that the next Committee meeting is scheduled for June 5, 2017.
b. Staff announced that City Council will meet on May 16, 2017 to consider amendments to
Ordinance no. 3148. Vice-Chair Landess requested that staff forward the meeting agenda
to the Committee.
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c. Staff announced that Program Administrator and City Attorney staff are looking to
schedule a training for Committee members.
d. Member Friedman asked for clarification on the procedures if a member is familiar with
an individual scheduled on the agenda. Staff explained that when a Committee member is
familiar with a party, the member must notify staff prior to the RRAC meeting and staff
will give further direction.
11. ADJOURNMENT
The meeting was adjourned at 9:16 p.m.
Respectfully submitted,
Committee Secretary
Jennifer Kauffman
Approved by the Rent Review Advisory Committee on July 5, 2017.
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