Fair Rent Commission

DRAFT MINUTES FAIR RENT COMMISSION REGULAR MEETING (HYBRID) OF MARCH 13, 2024 Present: Commissioner/Chair Rakim Grant; Commissioner/Vice Chair Caitlin Duffy (remote); Commissioner Kirk Hart; Commissioner Rob Kronenberger (remote); Commissioner Sal Calvo; Commissioner Alagar Venkataswamy. Staff: Atty. Philip G. Kent, as outside counsel for the Commission Public: Atty. Darrell Fennell, Atty. Ian Gottlieb; Atty. Charlene Lynton (remote); Vincent Maruffi; Daysha James (Up Realty); Jose 1. Call to Order: Commissioner / Chair Grant called the Meeting to order at 7:14 p.m. 2. Public Comment: Commissioner / Chair Grant called for public comment but no member of the public elected to offer public comment. 3. Approval of Minutes Commissioner Kronenberger made a MOTION to approve the minutes of the February 21, 2024 Special Meeting. Commissioner Calvo seconded the motion and the motion passed unanimously. 4. Correspondence Atty. Kent reported to the Commission concerning an email from Atty. Fennell indicating he would not act as a witness in the Venkataswamy or Maruffi matters. In addition, Atty. Kent reported concerning an email from Stone Foster withdrawing the Foster complaint. 5. New Business A. Discussion re additional revisions of Bylaws 1. Statute of Limitations issue Attorney Kent reported on and provided a brief legal memorandum to the Commissioners. In brief, it appears that to date no fair rent commission has implemented a statute of limitations but have at times dismissed untimely complaints. Atty. Kent recommends language permitting such dismissals in the discretion of the Commission. The Commissioners will review the memorandum. The Chair tabled discussion of the statute of limitations issue to the next meeting.  B. Discussion re various issues 1. Amending complaint form Atty. Kent presented another amended complaint form to the Commission with respect to changes discussed in the prior special meeting. Commissioner Kronenberger made a MOTION to approve the new form. Commissioner Calvo seconded the motion and the motion passed unanimously without further discussion. Atty. Kent will cause the amended form to be placed on the website for use by the public. 2. Informing community re FRC – Mayor’s press release Atty. Kent reported on an email from Deputy General Counsel Kori Wisneski offering to follow up with the Mayor’s office on a press release and suggesting that the Commission could connect with Christopher Forte to reserve a table at the Pride event. She is also able to assist for other events if the Commission is interested. The Chair tabled the issue for a future meeting. 3. Letter to Mayor re FRC suggestions Vice Chair Duffy reported that the letter is still being put together while the Commission determines what specific suggestions it may have. The Chair tabled the issue for a future meeting. 4. Other/General Chair Grant will review and amend the flyer previously drafted for use in promoting knowledge of the existence of the FRC at events or otherwise. C. Discussion of pending complaints, mediation, answer dates and scheduling Hearings Atty. Kent reported on the most recent complaint by Carmine Vicenzo against Kosel Equity and Up Realty. Notice issued n February 26, 2024, which set an answer date of March 18, 2024. 6. Old Business A. Hearing / deliberations / decision re Maruffi complaint The Chair called for the hearing on the Maruffi complaint to continue. Atty. Gottlieb requested that his witness, Daysha James, go out of order, which was permitted. Daysha James was sworn under oath. In general, Ms. James, a regional property manager for Up Realty testified in relation the leasing practices at the subject premises and specifically in relation to Mr. Maruffi’s leases over time. She also testified in relation to various conditions at the property and unit and items such as maintenance and certain capital improvements of approximately $2.5 Million. She testified as to how rent increases are determined. Respondents presented three exhibits. Atty. Fennell cross examined Ms. James on these topics. Ms. James abruptly exited the hearing at about 8:50 p.m. citing childcare issues. Atty. Fennell called Vincent Marruffi, the complainant as a 2 witness, and Mr. Maruffi was sworn under oath. In general, Mr. Maruffi testified concerning his rent increases, a rent calculations chart, maintenance and repair issues, certain photos, and security and related issues. Atty. Fennell introduced 25 exhibits. At approximately 10:00 p.m. the hearing was suspended due to the hour and housing keeping matters were discussed as to remaining exhibits, witnesses and expected time for the hearing at the next regular meeting. Additionally, brief discussion occurred concerning creating additional guidelines for the conduct of hearings and parties especially as to potential time limitations for testimony and how to handle exhibits. The hearing was tabled / continued until the next regular meeting. B. Hearing / deliberations / decision re Venkataswamy complaint This matter was not taken up given that the Maruffi case remains in progress. C. Hearing / deliberations / decision re Fennell complaint This matter was not taken up given that the Maruffi case remains in progress. 7. Executive Session, if needed Not applicable. 8. Adjournment: Commissioner Hart made a MOTION to adjourn, and Commissioner Venkataswamy seconded the motion, which passed unanimously. The meeting adjourned at 10:13 p.m. 3