Rental Housing Committee
Regular MeetingMountain View, CA · October 16, 2023
Minutes
City of Mountain View
Minutes
Rental Housing Committee
Monday, October 16, 2023 7:00 PM Council Chambers and Video Conference, 500
Castro St., Mountain View, CA 94041
1. CALL TO ORDER
The meeting was called to order at 7:02 p.m.
2. ROLL CALL
Present 5 - Chair Edie Keating, Vice Chair Guadalupe Rosas, Member Robert Cox, Member Kevin Ma, and
Alternate Alex Brown
3. CONSENT CALENDAR
SPEAKING FROM THE FLOOR WITH COMMENTS:
No public comments received.
MOTION: M/S - Cox/Brown - To approve the Consent Calendar.
Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown
3.1 Minutes for the September 25, 2023, RHC Meeting
4. ORAL COMMUNICATIONS FROM THE PUBLIC
No public comments received.
5. APPEAL HEARINGS
5.1 Appeal of Hearing Officer's Decision Regarding Petition No. 22230030
Nazanin Salehi, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
No public comments received.
PRESENTATION AND ARGUMENTS BY APPELLANT-LANDLORD - Elaine Tai
PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANT - Siamak Yaghoubzadeh
PRESENTATION AND ARGUMENTS BY APPELLANT-LANDLORD - Elaine Tai
PRESENTATION AND ARGUMENTS BY RESPONDENT-TENANT - Siamak Yaghoubzadeh
MOTION: M/S - Cox/Brown - To accept the Tentative Appeal Decision regarding Petition No. 22230030 in its
entirety.
Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown
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Rental Housing Committee Minutes October 16, 2023
6. STUDY SESSION
6.1 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio
Utility Billing Systems
Program Manager van Deursen presented a report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
Regan Avery
Anil Babbar, speaking on behalf of 5 attendees
Oceana Vallancourt
Emily
Tessa McFarland
Jesse Cupp
Pam
Delores Monik Rosas Berumen
Philip Cosby
Sandra Esparza
Maricela Choque, translations provided by Sandra Esparza
Jeff Zell
Andrew Bonin
Steve Welter
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Rental Housing Committee Minutes October 16, 2023
In order to provide guidance to staff to draft regulations to clarify rent and the treatment of utilities in the
CSFRA and Ratio Utility Billing Systems, the RHC conducted a straw poll on the following
recommendations:
1. Carries 5-0 in favor of draft regulations clarifying prohibition of using RUBS or similar systems to bill utility
charges associated with the use and occupancy of CSFRA-covered units.
2. Carried 5-0 in favor of option B: the lesser of a) a calculation of average utility costs per room; and b) the
sum of all applicable Santa Clara County Housing Authority Utility Allowances. The RHC is also interested in
staff coming back with additional options that considers common areas.
3. Carries 4-0-1 in favor of adopting an administrative process to review the One-Time Utility Adjustment
Petitions forms.
4. Carries 5-0 in favor of having staff examine a sample of the rent adjustment petitions for each property to
ensure that the rent adjustments are properly calculated and send landlord and all affected tenant(s) a
confirmation letter.
5. Carried 5-0 in favor of having staff review One-Time Utility Adjustment Petitions.
6. Carried 5-0 in favor of adopting proposed deadlines for submission of One-Time Utility Adjustment
Petitions:
a. >20 units: Within 6 months of launch of Offset Petition process
b. 6-20 units: Within 9 months of launch of Offset Petition process
c. 1-5 units: Within 12 months of launch of Offset Petition process
7. Carries 5-0 in favor of including a provision in the draft regulations pausing the filing and processing of any
tenant petitions based solely on RUBS until after the deadline for submission of the One-Time Utility
Adjustment Petition has expired.
8. 4-1 in opposition of Including a provision in the draft regulations to require landlords to refund excess rent
to any tenants who have overpaid due to the use of RUBS for a period of 4 (four) years.
The Rental Housing Committee took a recess at 9:57 P.M.
The Rental housing Committee reconvened at 10:03 P.M.
7. NEW BUSINESS
7.1 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations
Chapter 6 Hearing Procedure: Hearing Timeline
Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing
Procedure, to revise existing timelines in the petition process.
Senior Management Analyst Black presented a report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
No public comment received.
MOTION: M/S - Rosas/ Brown - To amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO
Regulations Chapter 6: Hearing Procedure, to revise existing timelines in the petition process.
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Rental Housing Committee Minutes October 16, 2023
Yes: 5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown
8. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS
8.1 Upcoming Workshops and Housing and Eviction Help Center Dates
Analyst Kennedy presented a report and responded to questions.
8.2 Expected Future Agenda Items for RHC Meetings:
Saturday October 21, 11am-2pm RHC Workshop, at Michaels Restaurant, Shoreline, MV
Vice Chair Rosas thanked staff for their help and hard work.
9. ADJOURNMENT - At 10:30 p.m., Chair Keating adjourned the meeting to the next RHC meeting
to be held
on Saturday, October 21, 2023 at 11:00 a.m. at Michaels Restaurant, 2940 North Shoreline Blvd.
Submitted for approval by Andrea Kennedy
RHC Approval on 11/13/2023
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Agenda
City of Mountain View
Agenda
Rental Housing Committee
Monday, October 16, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro St.,
Mountain View, CA 94041
This meeting is being conducted with a virtual component. Anyone wishing to address the Committee virtually may
join the meeting online at: https://mountainview.zoom.us/j/93773068363 or by dialing (669) 900-9128 and entering
Webinar ID: 937 7306 8363. When the Chair announces the item on which you wish to speak, click the “raise hand”
feature in Zoom or dial *9 on your phone. When the Chair calls your name to provide public comment, if you are
participating via phone, please press *6 to unmute yourself.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
These items will be approved by one motion unless any member of the Rental Housing Committee wishes
to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived
unless a Committee Member requests otherwise.
3.1 Minutes for the September 25, 2023, RHC Meeting
Recommendation:
Approve the Rental Housing Committee meeting minutes. Copies of the minutes for
the above noted meeting have been delivered to Committee Members and copies are
available online.
Attachments: Minutes RHC Meeting, September 25, 2023
4. ORAL COMMUNICATIONS FROM THE PUBLIC
No public comments received.
This portion of the meeting is reserved for persons wishing to address the Committee on any matter not
on the agenda. Speakers are allowed to speak on any topic for one three-minute period during this
section. State law prohibits the Committee from acting on non-agenda items.
5. APPEAL HEARINGS
5.1 Appeal of Hearing Officer's Decision Regarding Petition No. 22230030
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Rental Housing Committee Agenda October 16, 2023
Recommendation:
Consider the Tentative Appeal Decision and either accept the Tentative Appeal
Decision or modify the Tentative Appeal Decision with instructions to staff citing
appropriate evidence in the record.
Attachments: Staff Report
ATT 1 - Tentative Appeal Decision for Petition No. C22230030
ATT 2 - Decision of Hearing Officer (June 30, 2023)
ATT 3 - Appellant-Landlord Appeal of Decision (July 7, 2023)
6. STUDY SESSION
6.1 Study Session: Rent and the Treatment of Utilities in the CSFRA and Ratio Utility Billing
Systems
Recommendation:
That the Rental Housing Committee (RHC) provide input on and parameters for
regulations, including:
• Clarification that all rental charges, including charges for shared or master-metered
utilities including, but not limited to water, sewer or trash, are part of the definition of
rent as stipulated in the Community Stabilization and Fair Rent Act (CSFRA), and the
cost of such services must be established as part of the initial rental rate and specified
in the rental agreement at the commencement of the tenancy.
• A transitional One-Time Utility Adjustment Petition process
o allowing housing providers, currently using RUBS or similarly calculated and
billed utility charges, a transition from separately charged utilities to including utility
costs in the rental amount with a One-Time Utility Adjustment Petition, to bring
non-compliant rental properties into compliance with the CSFRA.
o Explaining the administration of submitting and processing of One-Time
Utility Adjustment Petitions.
Attachments: Staff Report
ATT 1 - Rental Housing Committee Memo, January 31, 2023
ATT 2 - Rental Housing Committee Memo, August 21, 2023
ATT 3 - 2022 Santa Clara County Housing Authority Utility Allowances
ATT 4 - Examples calculations Options under One-Time Utility Adjustment Petition
7. NEW BUSINESS
7.1 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations Chapter 6 Hearing
Procedure: Hearing Timeline
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Rental Housing Committee Agenda October 16, 2023
Recommendation:
Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations
Chapter 6: Hearing Procedure, to revise existing timelines in the petition process.
Attachments: Staff Report
ATT 1 - Resolution to Adopt Amendments to Chapter 5 of the CSFRA Regulations
ATT 2 - Resolution to Adopt Amendment to Chapter 6 of the MHRSO Regulations
8. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS
No action will be taken on any questions raised by the Committee at this time.
8.1 Upcoming Workshops and Housing and Eviction Help Center Dates
8.2 Expected Future Agenda Items for RHC Meetings:
Recommendation:
Saturday October 21, 11am-2pm RHC Workshop, at Michaels Restaurant, Shoreline,
MV
9. ADJOURNMENT - At 10:30 p.m., Chair Keating adjourned the meeting to the next RHC meeting to be held
on Saturday, October 21, 2023 at 11:00 a.m. at Michaels Restaurant, 2940 North Shoreline Blvd.
NOTICE TO THE PUBLIC
The agenda, reports, and any writings or documents provided to a majority of the Rental Housing Committee regarding any item on this agenda are
posted at https://mountainview.legistar.com under the meeting details for the date of this meeting. The agenda may also be viewed at City Hall,
500 Castro Street, the City Clerk's Office, 500 Castro Street, Third Floor and at the Mountain View Library, 585 Franklin Street, beginning Thursday, prior
to Monday Rental Housing Committee meetings. Printed copies of the agenda, reports, and any writings or documents already provided to a majority
of the Committee regarding any item on this agenda may be requested at the Rent Stabilization Program during normal business hours.
The Committee may consider and act on items listed on the agenda in any order and thus those interested in an item listed on the agenda are
advised to be present throughout the meeting. In the event it appears that the entire agenda cannot be completed by the time of adjournment, the
Committee may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of
the next regular, special, or adjourned regular meeting unless the Committee directs otherwise.
Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the Rent Stabilization Program
at (650) 903-6136 or by email at mvrent@mountainview.gov 48 hours prior to the meeting so the City can make reasonable arrangements to ensure
accessibility to this meeting. (28 CFR 35.160 (b) (1)). If you have a hearing or speech disability, please use the California Relay System at 711, TDD
650-967-0158 or 800-735-2929.
The City of Mountain View does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, source of income, gender,
gender expression or identity, or any other State or Federal protected class in any of its policies, procedures or practices. This nondiscrimination
policy covers admission and access to, or treatment or employment in, the City of Mountain View programs and activities. For inquiries regarding
the nondiscrimination policy, please contact the City's Section 504 Coordinator at laurel.james@mountainview.gov or 650-903-6397.
Computer-generated captioning of the Rental Housing Committee meeting is unedited and should neither be relied upon for complete accuracy nor
used as a verbatim transcript.
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Rental Housing Committee Agenda October 16, 2023
ADDRESSING THE COMMITTEE:
Email comments to RHC@mountainview.gov by 4:30 p.m. on the meeting date. Emails will be received directly by the Rental Housing Committee.
Please identify the Agenda item number in the subject line of your email. Requests to show an audio or video presentation during a Committee
meeting should be directed to mvrent@mountainview.gov by 4:30 p.m. on the meeting date.
Anyone wishing to address the Committee in person must complete a speaker card indicating the name you would like to be called by when it is
your turn to speak and the item number on which you wish to speak. Please complete one speaker card for each item on which you wish to speak.
Virtual and in-person speakers will be called in order as determined by the Chair.
Pursuant to Regulation Chapter 3, an individual speaker shall have up to 3 minutes to address the Committee. For any agenda item or for Oral
Communications on nonagenda items, if there appears to be a large number of speakers, the Chair may reduce speaking time to no less than 2
minutes per speaker unless there is an objection from the Committee by majority vote.
If requested in advance of the public input portion of the agenda item to the Committee, a speaker who represents five or more members of the
public in attendance may have up to 10 minutes to address the Committee, if the Chair determines that such extension will reduce the total number
of speakers who planned to speak.
The presiding officer may remove or cause the removal of any individual(s) for disrupting a meeting in accordance with California Government Code
section 54957.95, as may be amended from time to time. In accordance with California Government Code section 54957.9, as may be amended from
time to time, the Committee may order a meeting room cleared and continue in session in the event a meeting is willfully interrupted by a group or
groups of persons so as to render the orderly conduct of the meeting impossible, and order cannot be restored by the removal of individuals who
are disrupting the meeting.
Pursuant to Government Code Section 54954.3(b)(1), at least twice the allotted speaking time will be provided to a member of the public who
utilizes a translator.
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