Maine

Is Portland’s rent control ordinance working?

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Madeleine Adelson lives in a two-bedroom residence with a roommate in Portland’s Parkside neighborhood. Her landlord lately went to the lease board to hunt a rise for capital repairs that she mentioned are routine. Derek Davis/Workers Photographer

Two years after Portland voters authorised town’s first lease management ordinance, the divide over whether or not it has helped stop giant will increase or just created confusion and burdensome necessities for landlords is extra clear than its results.

Metropolis voters first authorised lease management in 2020 by way of a citizen referendum and in November additional restricted annual lease will increase, banned utility charges, and upped the rent-increase discover to 90 days.

Supporters say the foundations give Portland tenants “the perfect protections on the East Coast,” they usually’re already beginning to see them repay.

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Some renters mentioned lease management has stabilized costs and made a risky housing market extra predictable.

“I simply think about, given what I’ve seen within the Portland market as a complete, that I’d be paying much more if lease management hadn’t occurred,” mentioned Madeleine Adelson, who rents a two-bedroom residence with a roommate for $1,500 per thirty days in Parkside.

However her landlord finds the brand new guidelines irritating.

“It is going to be onerous for house owners to justify making enhancements on this setting, and I feel we’ll see a decline in Portland’s housing,” mentioned Roger Buck.

Roger Buck outdoors his Grant Road buildings. Buck is anxious the 2022 updates to town’s lease management ordinance will not permit landlords to get well the prices of enhancements or have rents hold tempo with inflation and rising prices. Shawn Patrick Ouellette/Workers Photographer

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It’s most likely too early to know the long-term impacts.

“Rents across the nation have been rising at historic charges,” mentioned Elliott Simpson, who chairs town’s lease board. “Housing costs are up. There have been shifts in inhabitants, folks shifting from one place to a different. It makes it robust to see (the affect). There are a variety of components that have an effect on the place rents go.”

BOARD RELEASES RENT CONTROL DATA 

In its first annual report, launched in November, the lease board reported that costs of rent-controlled items elevated a mean of 1.6% from January 2021 to November 2021, in comparison with 2.5% in exempt items. The common lease in November 2021 for a rent-controlled one-bedroom was $1,281, in comparison with $1,111 in an exempt unit. The ordinance doesn’t apply to owner-occupied buildings with as much as 4 items, or these offered by housing authorities, faculties, spiritual teams, and hospitals.

The information has some limitations: 31% of the items surveyed didn’t present rents – exempt items aren’t required to and town mentioned some others simply didn’t comply.

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Town additionally doesn’t have long-term knowledge, so it’s onerous to say what typical will increase had been previous to lease management, and the board excluded greater than 1,000 items (about 11%) from its evaluation attributable to excessive lease will increase or decreases which will have been errors.

“What I can say with confidence is that as of now there is no such thing as a proof, to me, that the lease management ordinance has triggered any mass conduct adjustments,” mentioned Amir Familmohammadi, who labored on town’s first lease management report. He mentioned town wants extra knowledge to find out that for sure.

However Familmohammadi, who additionally served on the lease board, mentioned the obtainable knowledge is sufficient to indicate that almost all landlords have opted to maintain rents and lease will increase manageable.

Members of the Maine Democratic Socialists of America, which put lease management earlier than voters, mentioned the information is proof it’s working.

“(Earlier than) it was widespread for landlords to be jacking up lease and for folks to be like, ‘I can’t afford that so it’s time to maneuver,’ or simply tenants being evicted for no trigger, which is an ongoing situation on the state degree,” mentioned Wes Pelletier, who chaired the group’s 2022 referendum marketing campaign.

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“It’s untenable for folks in Portland to be residing in uncertainty, which was form of the norm and continues to be considerably the norm. The lease management ordinance was a giant step in direction of creating extra safety for employees in Portland.”

In distinction, Pelletier pointed to the big lease spikes in neighboring South Portland final 12 months, the place a brand new proprietor of Redbank Village raised rents by as a lot as $600.

However he mentioned Portland may do higher at citing landlords’ rent-control violations.

Jessica Grondin, a metropolis spokesperson, mentioned it’s about sources. and employees are already stretched skinny. She mentioned that interim Metropolis Supervisor Danielle West plans to ask for extra money within the upcoming finances to extend Housing Security Workplace employees and pay.

Enacting the ordinance has been troublesome with “a variety of confusion from landlords,” Grondin mentioned in an electronic mail. “It made the rental registration course of significantly extra advanced for landlords and employees.”

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A SOLUTION FOR TENANTS?

Portland is the primary neighborhood in Maine to move lease management, however the housing disaster is statewide.

In South Portland, councilors are contemplating a lease stabilization ordinance that might cap annual lease will increase at 10% for house owners with greater than 15 items.

In Biddeford, an inexpensive housing process power didn’t embrace lease management in its current suggestions. Town supervisor mentioned that though lease management could make housing extra inexpensive and create stability, it can also hold landlords from investing of their properties, restrict housing provide as a result of returns are usually not as excessive, and encourage landlords to preemptively elevate rents once they can.

Portland’s lease management permits landlords to boost rents annually primarily based on inflation. For the primary two years, they may elevate it by the total inflation price decided by the Client Worth Index. Voters lowered that allowed enhance to 70% of the CPI final 12 months and additionally eradicated an automated adjustment for tax will increase.

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Roger Buck’s buildings at 25 and 27 Grant St. in Portland. Shawn Patrick Ouellette/Workers Photographer

Landlords can go to the lease board to hunt extra will increase for main upgrades however should hold annual lease will increase to 10% or much less.

“I feel from the angle of housing suppliers, it’s tremendous complicated when it comes to monitoring the rental will increase they’re allowed and there have been a variety of misunderstandings,” mentioned Brit Vitalius, president of the Rental Housing Alliance of Southern Maine, which advocates on behalf of rental property house owners. “The quantity of will increase and what’s allowed and at what level, it’s simply induced chaos.”

Asking for a rise outdoors of the inflation adjustment or in a restricted set of different eventualities – resembling when a unit voluntarily turns over and lease may be raised by 5% – means showing earlier than the lease board. These appearances, with landlords and tenants current, may be tense.

Buck, the Parkside landlord, went to the board in December asking to boost rents on his flats between $58 and $211 per thirty days, to pay for capital enhancements, although he mentioned he deliberate to unfold the will increase out over a number of years.

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Adelson and different tenants went to the assembly, after being notified by town, to say that what he referred to as capital enhancements actually had been overdue repairs that didn’t justify lease will increase. Throughout a three-hour assembly, the board tabled Buck’s request.

“It was good to simply be capable of have an opportunity to remark,” mentioned Adelson, 31. “In every single place I’ve lived earlier than, the owner would simply enhance the lease and there’s nothing you are able to do about it.”

However Buck mentioned the method strained his relationship along with his tenants and created extra work for him.

To make his case, Buck submitted practically 50 pages of clarification and documentation.

Earlier than lease management, he mentioned, it was simpler to work with tenants. Now, arguing their circumstances within the public conferences, “we’re in an adversarial relationship,” he mentioned.

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Hans Breaux, 39, who lived at 27 Grant St. for 9 years earlier than shifting out final summer season to purchase a apartment, mentioned he had a very good relationship with Buck, however he did fear that in the future his lease won’t be renewed and he won’t be capable of afford to remain within the neighborhood.

Lease management, he mentioned, “did create a a lot stronger sense of safety in with the ability to keep in a spot the place my adopted household, my neighborhood, was.”

Sam Colson shares this small one-bedroom residence in The Wadsworth in Portland along with his son. He has arrange his sleeping space in the lounge whereas his son sleeps within the bed room. Gregory Rec/Workers Photographer

‘THE WRONG DIRECTION’

Vitalius, the president of the rental housing alliance, mentioned a variety of landlords, particularly smaller ones, have discovered the ordinance burdensome, and a few are promoting their buildings in consequence.

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Some landlords at the moment are caught with rents they stored low for good tenants however would have appreciated to extend. Others have raised rents when they won’t have carried out so earlier than as a result of they know they will solely elevate them a lot annually or when a brand new tenant is available in.

“It’s going within the mistaken course,” Vitalius mentioned. “It’s not creating extra housing. … It’s getting among the greatest landlords out of the enterprise and it’s created all these bizarre, perverse incentives. It is going to take years to see what the impacts are, but it surely’s not going to be good.”

Sam Colson rents a one-bedroom residence downtown along with his son for $1,494 a month. He arrange a makeshift mattress in the lounge whereas his son takes the bed room. Colson mentioned his lease elevated by about 7% final 12 months. He thought that was cheap.

“I really like that we have now lease management,” mentioned Colson, 52, although he added that everybody’s nonetheless adjusting. “I don’t need to say it’s working. I feel it’s extra applicable to say it’s going to work so long as folks concentrate.”

Vitalius mentioned the ordinance is deterring some builders and buyers, although there doesn’t seem like proof of that within the variety of housing items being proposed or being authorised.

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Christine Grimando, Portland’s director of planning and concrete improvement, mentioned numbers go up and down, however 2021 was the largest 12 months in current reminiscence for brand spanking new housing approvals.

In keeping with metropolis knowledge, 903 residential items had been authorised in 2021, up from 323 in 2020 and 444 in 2019. Simply over 500 items had been proposed in 2022, however some are nonetheless being reviewed. These totals don’t embrace a small variety of single-family and two-family houses.

Grimando mentioned the spike in 2021 was as a result of a number of massive initiatives converged at one time, and a few candidates had been making an attempt to get by means of the method earlier than town’s Inexperienced New Deal constructing code took impact.

“Lease management was not introduced up as an element to planning as a lot as inclusionary zoning necessities had been,” Grimando mentioned.


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