Fair Rent Commission

MINUTES FAIR RENT COMMISSION SPECIAL MEETING (HYBRID) OF JANUARY 17, 2024 Present: Commissioner Rakim Grant; Commissioner Caitlin Duffy; Commissioner Kirk Hart; Commissioner Rob Kronenberger; Commissioner Rob Rosenthal; Commissioner Sal Calvo; Commissioner Alagar Venkataswamy. Staff: Attorney Philip G. Kent, as outside counsel for the Commission Public: Darrell Fennell and two additional, unidentified members of the public 1. Call to Order: The Special Meeting was called to order at 7:06 p.m. The Commission and staff introduced themselves briefly to the public. 2. Public Comment: Attorney / complainant Darrell Fennell spoke regarding various sections of the bylaws, most prominently concerning the proposed statute of limitations under discussion by the Commission. He also raised briefly an issue concerning Commissioner Venkataswamy’s ability to vote regarding the potential implementation of a statute of limitations. Mr. Fennell submitted a memorandum regarding research he has done concerning the statute of limitations issue, which was circulated among the Commissioners, and which Mr. Fennell summarized for the Commission. Mr. Fennell challenged whether the Commission has the ability to establish a statute of limitations, which he views as unnecessary and beyond the powers granted to the Commission. Mr. Fennell acknowledged that “old” rent is not at issue and would not be recouped through this Commission. No other member of the public elected to offer public comment. 3. Approval of Minutes Commissioner Kronenberger made a MOTION to approve the minutes of the December 20, 2023 Special Meeting with two typographical corrections (correcting spelling of Commissioner Duffy’s first name and the word “Commissioner” in paragraph 8 of the minutes). Commissioner Rosenthal seconded the motion and after brief discussion the motion passed unanimously. In addition, Attorney Kent and the Commission discussed FOIA law in relation to minutes and other documents or information circulated among Commissioners and the standards surrounding public meetings and documents. 4. Correspondence The Commission briefly acknowledged having received emails reflecting the private resolutions and consequent withdrawals of the Long complaint (Case No. 2023-1) and the Kasper complaint (Case No. 2023-2).  5. New Business A. Discussion re additional revisions of Bylaws 1. Revision re counting of days to exclude holidays / days City Hall is closed The Commission discussed amending the bylaws to account for holidays and days that City Hall is closed in relation to deadline. Commissioner Duffy made a MOTION to amend the bylaws to add a section 1.7, entitled Counting of Days, to state “If any deadline falls on a holiday or a day on which City Hall is closed, that deadline shall extend to the next business day.” Commissioner Hart seconded the motion, and after additional discussion, the motion passed unanimously. 2. Amending section 5.1 re regular meeting date The Commission discussed amending the bylaws with respect to its regular meeting schedule. Commissioner Kronenberger made a MOTION to amend the bylaws to state in section 5.1 that regular meetings will be held on the second Wednesday of each month at 7:00 p.m. Commissioner Calvo seconded the motion and the motion passed unanimously. 3. Other potential amendments No additional proposed amendments were raised by the Commissioners at this time. Attorney Fennell offered later in the meeting two proposals that the Commission consider amending the bylaws to add an Answer or Response Date for respondents and amending the bylaws to address acceptance of service of documents with parties by email. Attorney Fennell also suggested that initial notices regarding receipt of complaints set forth the option to engage in mediation. B. Discussion re various issues 1. Complaint on website and amending complaint form The Commission discussed making changes to the existing complaint form to make clear that complaints, in addition to excessive rent, may also relate to health and/or safety violations. Proposed changes included adding check boxes to the top of the form related to the substance of the complaint; highlighting the requirement to submit documentation or other relevant evidence with the complaint; and having additional room to specify additional relevant information. Access to the complaint form was also discussed, including whether the form could be obtained by mail via a request or call to the Office of the General Counsel or the Town Clerk’s office, as well as how complaints may be filed, and adding or changing information on the website. Commissioner Kronenberger will discuss potential revisions with the IT office. The Commission requested that Attorney Kent prepare a draft revised complaint form for discussion and vote at a future meeting. 2. Informing community re FRC – Mayor’s press release The Commission discussed various means of communicating its existence and purpose to the public. The Commission was advised that the Mayor’s office is preparing a press release. In 2 addition, the Commission will seek to meet with the Mayor to discuss additional ideas such as a PSA on local tv, a flyer, which Commissioner Rosenthal will draft, a more in-depth pamphlet that Commissioner Duffy will draft, and a potential event staffed by the Commission to educate the public further about the Commission’s work and/or how the complaint process works. 3. Staffing (part-time staff); email accounts; & form of communications Counsel to the Commission reported, in addition to prior discussion noted regarding Commission communications, that email accounts for the individual commissioners will not occur due to cost and licensing constraints but that the City may provide counsel with an email for the purpose of communicating notices and the like with complainants and respondents and otherwise in accordance with counsel’s duties. Counsel suggested and the Commission discussed and agreed that determining staffing needs should wait until the Commission has had time to evaluate the issue over the course of this year. 4. Procedural Flow Chart / drafts re complaints, mediation and other processes The Commission discussed Commissioner Rosenthal’s inquiries regarding a proposed flow chart based on the procedures established in its bylaws and the Ordinance. Commissioner Rosenthal followed up on inquiries regarding how to file and process a complaint, including post- hearing processes. Attorney Kent responded to various process questions and the Commissioners discussed complainants being able to submit complaints by mail, email, and in person; the process of handling incoming complaints; the process of initial review, dismissal, retention, investigation, mediation, and scheduling hearings. Commissioner Venkataswamy raised an issue over whether the Commission may assist complainants in correcting deficiencies in complaints. The Commissioners discussed and determined that, as set forth in the bylaws, the Commission will review whatever complainants submit and either dismiss with reference to the reasons permitted in the bylaws, seek additional information, or move forward with a given complaint. Additional discussion centered on the Commission’s role in balancing the interests and rights of tenants and landlords and other ways to educate City residents concerning the Commission and its functions as well as third parties who may assist complainants. Commissioner Rosenthal noted that when complainants file complaints they are protected from rent increases for the duration. Additional discussion occurred regarding the process of mediation, the options for mediation informally and/or at a meeting prior to a hearing, and counsel and the Commission’s roles in mediation. Additional discussion occurred concerning the use of a reasonable timeframe to address complaints, the requirements of the Ordinance, and the need for such flexibility to address the Commission’s business given the complexity of a given complaint or situation. Additional discussion occurred concerning drafting and posting decisions after the hearing, which departments will conduct inspections and investigations and within what timeframes, and reconsideration of decisions. Commissioner Rosenthal will continue to develop a flow chart for future review and adoption once the Commission has gone through the entire process a few times. 3  5. Statute of limitations issue Attorney Kent reported that he is working on a legal memorandum on this issue and will consider the memorandum submitted by Attorney Fennell. As a result, the Chair tabled the issue until Attorney Kent can further advise at a future meeting. 6. Letter to Mayor re FRC suggestions Commissioner Duffy reported that she is still drafting a letter and, in light of prior discussion concerning public outreach, the Chair tabled the issue for a future meeting. C. Discussion of pending complaints, mediation, answer dates and scheduling Hearings The Commissioners discussed the six pending complaints related to Kosel Equity. Attorney Fennell indicated a willingness to mediate regarding the complaints and the Commissioners directed Attorney Kent to pursue same with respondent’s counsel and complainants’ counsel. On the issue of consolidation, Attorney Fennell noted that he has a fact witness pertinent to all six complaints. To address whether to consolidate the complaints into one hearing, Attorney Kent briefly reviewed allegations in the complaints with the Commission as to alleged rent increases and various maintenance issues. The Commissioners determined to have the fact witness testify at the Special Meeting in February and to determine whether that testimony is relevant to each complaint. The Commissioners determined to hear three complaints at the Special Meeting in February and invited Attorney Fennell to identify within one week which three complaints would be heard first. The Commissioners also directed that Attorney Kent issue notice to respondents setting an Answer Date for all complaints on February 9, 2024. 6. Old Business A. See Correspondence re withdrawn complaints See section 4 above. B. Bylaws and draft minutes re 12.20.23 special meeting posted Attorney Kent reported that the bylaws and draft minutes for the December 20, 2023 Special Meeting have been filed and posted to the City website. Final minutes will be sent to the Town Clerk for posting. C. Regular meeting schedule – 2d or 3d Wednesdays work at 7 p.m. for Room 208 In accordance with its prior discussion and vote, the Commission established its regular meeting schedule as the second Wednesday of each month. Attorney Kent will issue a letter to the Town Clerk setting the regular meeting schedule. In light of February 14, 2024, being Valentine’s Day, Commissioner Kronenberger made a MOTION to cancel the regular meeting that would have been scheduled for February 14, 2024, and to instead hold 4  a special meeting on February 21, 2024, at 6:30 p.m. in Room 208. Commissioner Duffy seconded the motion, which passed unanimously. 7. Executive Session, if needed Not applicable. 8. Adjournment: Commissioner Kronenberger made a MOTION to adjourn and Commissioner Calvo seconded the motion, which passed unanimously, and the meeting adjourned at 10:01 p.m. 5