Rent Board

RENT BOARD December 2, 2025 5:30 PM ZOOM INFORMATION: Join from PC, Mac, iPad, or Android: https://portlandmaine- gov.zoom.us/j/84372568426?pwd=1kopIun4d4mg0zOhQ8XLWXUd8CNEla.1 Passcode:085082 Phone one-tap: +13092053325,,84372568426#,,,,*085082# US +13126266799,,84372568426#,,,,*085082# US (Chicago) Join via audio: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 305 224 1968 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US Webinar ID: 843 7256 8426 Passcode: 085082 International numbers available: https://portlandmaine- gov.zoom.us/u/kb5lS3vC7L Page 1 II. ROLL CALL: III. APPROVAL OF MINUTES a. October 22, 2025 Minutes b. November 12, 2025 Minutes IV. COMMUNICATIONS: Please note: Written public comment must be received via email (rentboard@portlandmaine.gov) by 12pm the day before the scheduled meeting. The subject line needs to read "Written Public Comment" 33 State St Rent Increase Appeal Scheduling Request V. UNFINISHED BUSINESS: a. Rent Increase Application Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 72 Park Ave, Units 1-12 CBL: 048-B-008-001 Type of Increase: Increased Housing Service Costs b. Rent Increase Application Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 157 Grant St, Units 1-26 CBL: 053-B-024-001 Type of Increase: Increased Housing Service Costs VI. New Business a. Rent Increase Appeal - Public Comment Appellant: Portland Tenant's Union Address: 33 State St, all units Page 2  Property Owner: Atanas Dinkov CBL: 044-B-016-001 b. Tenant Rights Appeal - Public Comment Appellant: Shelley Swift Address: 193 York St, Unit 2 Property Owner: 193 York Street LLC CBL: 044-C-004-001 VII. Adjourn Page 3  Remote Rent Board Meeting Minutes - Held Via Zoom Wednesday, October 22, 2025​ ​ ​ ​ ​ ​ ​ ​ ​ ​ II. Roll Call - 0:00:39 Matthew Lax, Tenant, District 1 - Chair Matthew Walker, Tenant, District 2 Christopher “Buddy” Moore, Tenant, District 3 - ABSENT Rebecca Bolduc, Homeowner, District 4 Vacant, District 5 Anne-Laure Razat, Tenant, At-Large - ABSENT Kristen Carreras, Landlord, At-Large - ABSENT Staff present: Dylan Orr, Rental Registration Coordinator Benjamin Plante, Esq., Counsel for the Rent Board 0:01:15 - Chair Lax explains that the Board does not have enough members present to establish a quorum. Pursuant to Article VIII., Section 2 of the Rent Board Rules of Procedure, all agenda items are tabled due to lack of quorum. III. Approval of Minutes - See 0:01:15 a.​ September 24, 2025 Minutes b.​ October 8, 2025 Minutes IV. Communications a.​ Reschedule Regular November Meeting 0:03:11 - Matthew Lax moves to reschedule the regular November meeting to November 19, 2025 at 5:00 PM. Seconded by Rebecca Bolduc. (3-0; Moore, Razat & Carreras absent). The motion passes. V. Unfinished Business - See 0:01:15 a.​ Approval of Written Findings of Fact & Conclusions of Law - See 0:01:15 b.​ Rent Increase Application - Public Comment - See 0:01:15 Owner: 56&58 Federal LLC, 104 East St, Carlisle, MA 01741 Address: 58 Federal St, Unit 58-2 CBL: 020-D-009-001 Page 4 c.​ Rent Increase Application - Public Comment - See 0:01:15 Owner: Dennis Fuller, 3946 Easton Terr, Sarasota, FL 34238-2617 Representative: Troy Hanna, 394 Meadow Rd, Durham, ME 04222 Address: 489 Cumberland Ave, all 4 units CBL: 048-F-023-001 d.​ Rent Increase Application - Public Comment - See 0:01:15 Owner: The Fredricka Kapothanasis Testamentary Trust, 27 Running Brook Rd, Westbrook, ME 04092 Representative: Kevin A. King, PO Box 695, Westbrook, ME 04098-0695 Address: 218 Ocean Ave, Units 218, 220 & 222 CBL: 140-B-015-001 e.​ Rent Increase Application - Completeness Review - See 0:01:15 Owner: Woodford Arms, Inc., PO Box 10563, Portland, ME 04104 Address: 168-180 Woodford St, all 18 units CBL: 124-J-014-001 & 124-J-012-001 f.​ Rent Increase Application - Public Comment - See 0:01:15 Owner: Saunders Street Apartments LLC, 51 Belfield Rd, Cape Elizabeth, ME 04107 Representative: Willard Bollenbach and Randi Bollenbach, 51 Belfield Rd, Cape Elizabeth, ME 04107 Address: 23 Saunders St, all 5 units CBL: 130-G-014-001 g.​ Rent Increase Application - Completeness Review - See 0:01:15 Owner: RSAA Properties LLC, PO Box 9, Greenwood, ME 04255 Address: 118 Providence St, Unit 120 CBL: 425-I-010-001 h.​ Rent Increase Application - See 0:01:15 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 72 Park Ave, Units 1-12 CBL: 048-B-008-001 Type of Increase: Increased Housing Service Costs i.​ Rent Increase Application - See 0:01:15 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 157 Grant St, Units 1-26 CBL: 053-B-024-001 Type of Increase: Increased Housing Service Costs Page 5 VI. Adjourn 0:04:50 - Matthew Lax moves to adjourn the meeting. Seconded by Rebecca Bolduc. (3-0; Moore, Razat & Carreras absent). The motion passes. Page 6  Remote Rent Board Meeting Minutes - Held Via Zoom Wednesday, November 12, 2025​ ​ ​ ​ ​ ​ ​ ​ II. Roll Call - 0:00:52 Matthew Lax, Tenant, District 1 - Chair Matthew Walker, Tenant, District 2 Christopher “Buddy” Moore, Tenant, District 3 Rebecca Bolduc, Homeowner, District 4 Vacant, District 5 Anne-Laure Razat, Tenant, At-Large Kristen Carreras, Landlord, At-Large Staff present: Dylan Orr, Rental Registration Coordinator Benjamin Plante, Esq., Counsel for the Rent Board III. Approval of Minutes - 0:01:25 a.​ September 24, 2025 Minutes b.​ October 8, 2025 Minutes 0:01:41 - Anne-Laurie Razat moves to approve minutes. Seconded by Krisen Carreras. (6-0). The motion passes. IV. Communications - 0:02:23 a.​ 33 State St Tenant Rights Complaint - Scheduling Request - 0:02:31 V. Unfinished Business a.​ Approval of Written Findings of Fact & Conclusions of Law - 0:10:32 0:23:43 - Matthew Walker moves to approve 135 Sheridan Unit 102. Seconded by Anne-Laure Razat. (6-0). The motion passes.​ ​ 0:25:30 - Krisen Carreras moves to approve 89 Spruce Street, 104 Forest Ave, 139 William Street, and 202 Dartmouth Street. Seconded by Anne-Laure Razat. (6-0). The motion passes.​ Page 7  b.​ Rent Increase Application - Public Comment - 0:26:50 Owner: 56 & 58 Federal LLC, 104 East St, Carlisle, MA 01741 Property Address: 58 Federal St, Unit 58-2 CBL: 020-D-009-001 0:32:10 - The property owner presents the application. 0:49:14 - Anne-Laure Razat moves to close public comment. Seconded by Kristen Carreras. (6-0). The motion passes. 1:05:40 - Matthew Walker moves to reject the adjustment of Base Year and CPI adjustment. Seconded by Christopher “Buddy” Moore. (5-1; Carreras votes no). The motion passes. 1:38:04 - Matthew Lax moves to approve an increase in the amount of $54.75. Seconded by Kristen Carreras. 1:41:33 - Matthe Lax amends the previous motion to the amount of $46.41. Seconded by Kristen Carreras. (4-2; Walker and Moore vote no). The motion passes. c.​ Rent Increase Application - Public Comment - 1:43:26 Owner: Dennis Fuller, 3946 Easton Terr, Sarasota, FL 34238-2617 Representative: Troy Hanna, 394 Meadow Rd, Durham, ME 04222 Property Address: 489 Cumberland Ave, all 4 units CBL: 048-F-023-001 1:44:43 - A representative for the property, Troy Hanna, presents the application. 2:08:01 - Christopher “Buddy” Moore moves to close public comment. Seconded by Kristen Carreras. (6-0). The motion passes. 2:19:01 - Matthew Walker moves to approve application for rent increase in an amount to be determined. Seconded by Matthew Lax. 2:35:20 - Matthew Walker moves to adjust the capital improvement for the Base Year and the Current Year to use the 8.7% interest and amortize 5 years for appliances and 10 years for plumbing, resulting in Base Year 2019 at $2,968.83 and Current Year 2024 at $13,644.15 Seconded by Mattew Lax. (6-0). The motion passes. 2:42:43 - Rebecca Bolduc moves to disallow the amount stated in Section 13 for owner performed labor as it does not meet the criteria set forth in the form. Seconded by Christopher “Buddy” Moore. (4-2; Carreras & Lax vote no). The motion passes. 2:47:40 - Matthew Walker moves for $44,400 to be the Base Year rent based on registered amounts from 2020 rather than $46,250. Seconded by Anne-Laure Razat. (6-0). The motion passes. Page 8 2:56:50 - Kristen Carreras moves to keep the Professional Association Membership fee. Seconded by Matthew Lax. (1-5; Lax, Walker, Moore, Razat, & Bolduc vote no). The motion fails. 3:02:05 - Anne-Laure Razat moves to remove Professional Association Membership fee. Seconded by Matthew Walker. (5-1, Carreras votes no). The motion passes. 3:04:40 - Matthew Walker moves to include line item 10-1, $90 for background and credit check. Seconded by Christopher “Buddy” Moore. (5-1; Matthew Lax no). The motion passes. 3:20:02 - Matthew Walker moves, based on the NOI form, to approve an increase rent of $393.46 in each of these 4 units, and that amount should be reduced by whatever banked rent is currently available. Seconded by Matthew Lax. (6-0). The motion passes. 3:29:45 - Anne-Laure Razat moves to, based on the approved $393.46 NOI for each unit and the current banked rents for each unit, increase the banked rent for each unit as follows: Unit 1: $393.16, Unit 2: $388.76, Unit 3: $320.11, Unit 4: $304.89. Seconded by Matthew Walker. (6-0). The motion passes. 3:32:05 Matthew Lax moves to approve the rental application for the amount that has been determined. (6-0). The motion passes. 3:34:00 through 3:39:00 - The Board takes a recess. d.​ Rent Increase Application - Public Comment - 3:39:28 Owner: The Fredricka Kapothanasis Testamentary Trust, 27 Running Brook Rd, Westbrook, ME 04092 Representative: Kevin A. King, PO Box 695, Westbrook, ME 04098-0695 Property Address: 218 Ocean Ave, Units 218, 220 & 222 CBL: 140-B-015-001 3:40:19 - The representatives present the application. 4:06:40 - Matthew Walker moves to close the public comment. Seconded by Christopher “Buddy” Moore. (6-0). The motion passes. 4:07:35 - Matthew Walker moves to approve a rent increase amount to be determined. Seconded by Matthew Lax. 4:20:30 - Matthew Walker moves that the application qualifies for major renovation and that the adjustment to the Base Year rent is unnecessary. Seconded by Kristen Carreras (6-0). The motion passes. 4:37:27 - Matthew Lax moves to strike expense worksheet Section 8 line items 3, 5, 6, and 7. Seconded by Rebecca Bolduc. (6-0). The motion passes. Page 9 4:42:38 - Matthew Walker moves to adjust the basement repairs from the current year to the base year and adjust the number from $200,000 to $107,735. Seconded by Kristen Carreras. (6-0). The motion passes. 4:55:11 - Matthew Walker withdraws his motion from 4:07:35 to approve the rent increase application for the property. 4:56:07 - Anne-Laure Razat moves in pursuant to Section 6-233(c) to approve the Base Rent adjustment to $1,846.92 for each of the three units. Seconded by Matthew Lax. (6-0). The motion passes. 5:12:49 - Matthew Lax moves that the increase is contingent on the applicant presenting evidence of payment of the costs that have already been incurred. Seconded by Anne-Laure Razat. (6-0). The motion passes. 5:16:13 - Matthew Walker moves that Board reserves the right to adjust the final Base Rent adjustment if the landlord’s remaining anticipated construction costs are less than or exceeds $13,500. Seconded by Matthew Lax. (6-0). The motion passes. e.​ Rent Increase Application - Completeness Review - See 5:25:39 Owner: Woodford Arms, Inc., PO Box 10563, Portland, ME 04104 Address: 168-180 Woodford St, all 18 units CBL: 124-J-014-001 & 124-J-012-001 f.​ Rent Increase Application - Public Comment - See 5:25:39 Owner: Saunders Street Apartments LLC, 51 Belfield Rd, Cape Elizabeth, ME 04107 Representative: Willard Bollenbach and Randi Bollenbach, 51 Belfield Rd, Cape Elizabeth, ME 04107 Address: 23 Saunders St, all 5 units CBL: 130-G-014-001 g.​ Rent Increase Application - Completeness Review - See 5:25:39 Owner: RSAA Properties LLC, PO Box 9, Greenwood, ME 04255 Address: 118 Providence St, Units 188 & 120 CBL: 425-I-010-001 h.​ Rent Increase Application - See 5:25:39 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 72 Park Ave, Units 1-12 CBL: 048-B-008-001 Type of Increase: Increased Housing Service Costs Page 10  i.​ Rent Increase Application - See 5:25:39 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101 Owner's Representative: Caleb Normandeau with Port Property Address: 157 Grant St, Units 1-26 CBL: 053-B-024-001 Type of Increase: Increased Housing Service Costs VII. Adjourn 5:25:39 Anne-Laure Razat moves to adjourn. Seconded by Kristen Carreras. (6-0). The motion passes. Pursuant to Article VII, Section 3 of the Rent Board’s Rules of Procedure, all remaining agenda items are tabled to the next regular meeting. Page 11 12/2/25, 9:06 AM City of Portland Mail - Rent Board Public Hearing - 33 State St Rent Increase Appeal Dylan Orr <dorr@portlandmaine.gov> Rent Board Public Hearing - 33 State St Rent Increase Appeal Portland Tenants Union <info@portlandtenantsunion.org> Sun, Nov 30, 2025 at 7:33 PM To: Dylan Orr <dorr@portlandmaine.gov>, rentboard@portlandmaine.gov Mr. Orr, We would like to formally request that the appeal for 33 State Street on December 2nd be moved to the top of the agenda, if possible. We have at least one tenant from the building who works the night shift, who will not be able to testify past 6;30pm. Thanks for your consideration and for passing our request on to the Chair and members prior to the meeting. 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We submitted a complaint to the City of Portland on May 8, 2025 asserting the rights of all tenants residing at 33 State Street since 2024, when Atanas Dinkov first purchased the property. While the city initially ruled in our favor and rescinded Mr. Dinkov’s owner-occupied exemption, they amended their ruling a month later to grant the exemption after Mr. Dinkov provided circumstantial and irrelevant evidence claiming he had been living somewhere in his building while it was fully occupied by leased tenants for the bulk of 2024 and into 2025. To be clear, and as our evidence and testimony will show, Mr. Dinkov has not resided anywhere in the building over the past year and, according to the law, even if he had slept on a mattress next to the water heater and oil storage tanks in a boarded up basement room below the first floor tenants for six months, his residency would not meet either the letter or the intent of the rent control law. According to the law, as defined by Section 6-231(d), a building with fewer than five units is exempt from rent control if one of the said units is currently occupied by the owner as their primary residence. Primary residence is defined in Section 6-150.1 as, “... the dwelling in which a person resides as his or her legal residence for more than one half of a year and registers as his or her address for tax and government identification purposes.” The definition of “rental unit” in Sec 6-232 states, “any dwelling unit that is rented or otherwise made available for rent for residential use or occupancy, together with all additional rights, privileges, or services connected with use or occupancy of such a unit…” In short, there are only three units in this property available for rent, as per the city assessor’s office and the housing inspection department, and all three of those units were occupied within three months of Mr. Dinkov purchasing the property, and all three were fully leased and occupied for the subsequent year. The only units, by law, Mr. Dinkov could have lived in to be granted the owner-occupied exemption, were fully occupied by tenants for a year within three months of Mr. Dinkov Page 16 purchasing the property. There is simply no way he could have met the requirement for said exemption. Our complaint and backup documentation. Based on reviewing CSS data and documents related to present tenancies at said property, we believe the violations of the rent control ordinance at this property include: 1.​ Mr. Dinkov falsely claimed an owner-occupied exemption, as 33 State was not Mr. Dinkhov’s principal residence when he registered it as such, nor was it during the entirety of the tenancies in this complaint, in violation of 6-231(d). a.​ Mr. Dinkov first purchased the property on January 5, 2024 (see exhibit 1) and all three of the units were occupied by tenants by April 1, 2024 (see leases for all three units respectively: exhibit 2, exhibit 3, and exhibit 4), making it impossible for him to claim this as his principal residence. b.​ Included are five signed and notarized affidavits from all five tenants occupying all three units, stating, under penalty of perjury, that Mr. Dinkov never lived at the property, that they never saw him sleep at the building, that they only saw him at the property when he was doing work renovating the basement, and, indeed, that he told all of them he was a renter in Ogunquit (see exhibit 5, exhibit 6, exhibit 7, exhibit 8, exhibit 9) c.​ Also included is video and photographic evidence showing the basement being torn apart in November of 2024, during the period Mr. Dinkov appears to be claiming he lived in the basement (exhibit 10). d.​ Additionally, Venmo transactions show him making home rent payments to property owner Ms. Donna Lewis in Ogunquit during the period of January, 2024 to March of 2024 (and the rest of the year), adding to the evidence that he resided elsewhere (see exhibit 11). In fact, the Venmo payments actually use the emoji for rent. 2.​ Mr. Dinkov illegally raised rents on all three units in the building in violation of Sec. 6-234. a.​ Because 33 State Street was not owner-occupied, Mr. Dinkov was not allowed to raise rents in the building between tenancies by more than 10%. The registration of the units for 2023, when the building was owned by the previous landlord, shows the prior rents of the units to be $1,225, $1,175, and $1,125 respectively. Mr. Dinkov raised the rent the following amounts: i.​ Unit 1: 59.1% - From $1,225 to $1,950, as seen in exhibit 2 ii.​ Unit 2: 61.7% - From $1,175 to $1,900, as seen in exhibit 3 iii.​ Unit 3: 86.7% - From $1,125 to $2,100, as seen in exhibit 4 3.​ Mr. Dinkov failed to provide 1 month’s rent as reimbursement for the inconvenience of terminating tenant leases in units 1 and 2 between 60 and 90 days, In violation of section 6-236(a)3. Page 17  a.​ Mr. Dinkov notified the tenants of unit 1 and 2 that their tenancies would not be renewed and that they must vacate the units with less than 90-day notice (see exhibit 12 and exhibit 13), with no compensation provided as is required by law. Mr. Dinkov’s “evidence” Because there is no way, according to the law, for Mr. Dinkov to have actually lived in the building to earn the right to an owner occupied exemption, we are reluctant to discuss any of the circumstantial evidence he submitted attempting to claim he lived in an illegal dwelling in the basement. However, in case he still wants to argue that he spent 180+ days and nights in this windowless room, we will address a few of his more specious submissions. Parking Tickets: ​ Mr. Dinkov provided three parking tickets showing his car was parked in front of his building, two of which were in the middle of the night (see exhibit 14) as evidence he lived there. It should not need to be said, but by any means of legal analysis, having a picture of one’s car outside of a building does not provide any meaningful context about whether that building is one’s primary residence. That said, even if this did suggest he lived in the building, in reality, two of the parking tickets do not even cover the period in question. One was before the building was fully occupied by tenants (February 6, 2024) and the second was after the tenants left (May 20, 2025). The only one covering the period in question, from August 22, 2024, was issued at 5:49 pm according to the city of Portland parking division, a time when even the tenants testified he was sometimes present demolishing the basement. Car Registration: Mr. Dinkov provided his car registration, which claims his legal address as “33 State Street, Apt. 1.” First of all, apartment one was occupied, as evidenced by the lease we submitted. Second, this registration covers from August 1, 2024-July 31, 2025 (see exhibit 15). He claimed the owner occupied exemption back in February of 2024, when, according to the city of Portland, his car was not registered in Portland (see exhibit 15). When we called the State DMV, they confirmed the car was not registered in Portland prior to August 1, 2024. We’d suggest you ask for the registration of his car for the year covering February, 2024 when he claimed he lived in the building. Note from neighboring landlord: Mr. Dinkov provided a note from the owner of the property next door (31 State St.) claiming that in August, 2024, Mr. Dinkov told him that he could no longer share the laundry room with 31 State Street. The reason was that Mr. Dinkov claimed to be moving into the basement at that time. However, we know this claim to be false because the laundry room remained in use by the tenants of 33 and 31 State Street until November 11, 2024 when Mr. Dinkov informed his tenants that it would no longer be safe to enter the basement due to his “improving the heating system” (see exhibit 16). Again, this bolsters our claim he did not live in the building when he registered it as owner-occupied and that his “evidence” is false. Page 18 Text from upstairs tenant: Mr. Dinkov provided a text from the tenants in Unit 1, just above the area he claimed to live. In the text he quotes the tenants as saying, “It feels like there is very little separation between us and anything going on in the basement. This morning you woke us up at 7:30am.” (see exhibit 17). However, when you read the full text, you see it was from November 2 and clearly talks about hammering and power tools, which makes sense since he was renovating the basement by this time. As the tenants state in their affidavit, the disturbance on this occasion was caused by Mr. Dinkov entering the basement with a contractor below their bedroom early in the morning. The tenants in unit 1 never sent any messages complaining about noise from the basement prior, because no one was living there. Appraisals claiming a “finished basement”: Mr. Dinkov provided partial documentation from three appraisals of the property. Two from November, 2023, before he purchased the property and one from October, 2024, after he had owned it for 10 months. Although we do not have the full appraisals, and hence do not know what he is refusing to share, none of the appraisals describe a dwelling unit in the basement. In fact, the appraisal from 2024 describes only a laundry room as finished, and it awards the value of that space at only $12 per square foot, vs $55 per square foot for the livable spaces. The second appraisal shows three pictures of the basement, none which show a livable space (they show the laundry room, the meters, and the water heater). And the first says that while the basement is “finished” it says, “most of the finishings are old and/or damaged” and recommended that they be removed. Beyond this, there is no evidence whatsoever that insinuates the boarded up room in the basement of 33 State St. meets the robust minimum habitability standards for a “dwelling unit” outlined in Chapter 6 of the City Code, even if all of these other falsehoods were hypothetically true. From what we can tell, there wasn’t even a toilet. We could go on and on... In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: 1.​ Revoke Mr. Dinkov’s primary residence exemption from rent control for 2024. 2.​ Repeal all rent increases imposed by Mr. Dinkov in 2024 and restore rents back to the last compliant rent ($1,225, $1,175, and $1,125 for units 1, 2, & 3, respectively). 3.​ Require Mr. Dinkov to fully refund tenants the amounts they were overcharged over the course of their leases, which, by our account, looks to be at least $725 per month for Units 1 & 2, and $975 per month for Unit 3. 4.​ Ensure that the tenants of Unit 1 and Unit 2 are each given one month’s rent (at the illegally high price that they were paying) as compensation for being given less than 90-days notice to vacate the unit. Page 19  5.​ Due to the egregious nature of these violations, impose fines on Mr. Dinkov similar to recent rent board levies: $100 per month per unit for illegal rent increases collected ($3,600) and $100 per violation for inadequate notice compensation ($300). Plus, $1,000 for his filing false information in regard to owner-occupancy, in violation of Section 6-150.1. 6.​ Additionally, we request $100 per instance for not providing the tenant rights document (as outlined in the amended NOV), $100 for not posting the tenant rights document (as outlined in the amended NOV). The landlord was not fined for either of these. Thank you for your immediate attention to this matter. We are happy to answer any questions about this complaint and provide additional backup documentation regarding any and all the matters discussed in this letter. We request that all communications regarding this complaint be sent to the union in response to our complaint and all documents pertaining to this investigation be made public upon completion. Portland Tenants Union Steering Committee Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43  SWORN AFFIDAVIT OF MARIETTA MALLON ​ I, Marietta Mallon, being duly sworn, state as follows: 1.​ I was a tenant at 33 State St, Unit 1, Portland, Maine, from April 1, 2024 to April 4, 2025. I lived at this address with my partner, Sophia Thomas, where we rented from Mr. Atanas Dinkov. 2.​ Our lease included access to the laundry room, which took up about half of the basement. The rest of the basement was locked and windowless. 3.​ At the beginning of our lease term Mr. Dinkov told me that he was a renter in Ogunquit, ME and he discussed living in Ogunquit on multiple occasions. 4.​ Our apartment was on the first floor of the three story building and was located directly above the basement. 5.​ Ms. Thomas and I slept in the unit almost every night during the year of our tenancy, and in the bedroom above the enclosed area of the basement. 6.​ Due to the absence of soundproofing between the floor of my apartment and the basement, as well as gaps around pipes that allowed light through, I was aware of any activity taking place below us. Noises as subtle as a heavy sigh, mumbling, and footfalls were audible in our apartment, and when a light was turned on, I could see it through the cracks. 7.​ At no point during the entirety of my tenancy did my landlord, Mr. Atanas Dinkov, make the basement of the building his residence. I know this based on what I saw and heard, and based on Mr. Dinkov’s own statements to me. 8.​ From April 1, 2024 to May 4, 2024, Mr Dinkov did not live in the basement, nor was he at the property much. 1 Page 44 9.​ On May 4, 2024, Mr. Dinkov informed us that he would be out of the country for an extended period of time. 10.​On August 13, 2024, he informed us of his return to Maine. 11.​For several days in early September, Mr. Dinkov came to the building after work to remove an old oil tank in the basement. The fumes from this process were so strong that my partner and I had to spend a night elsewhere. Mr Dinkov confirmed this when I texted him about the chemical fumes (see exhibit A). 12.​His work in the basement continued sporadically through Sept/Oct. 13.​On November 2, 2024, I texted Mr. Dinkov to say that this work was disruptive and that he and his contractor had woken me and my partner up at 7:30am as they were discussing moving the water heater (see exhibit B). 14.​On November 11, 2024, Mr. Dinkov texted all five tenants of 33 State St. informing us that it would no longer be safe to use the laundry room because he was “improving the heating system” (see exhibit C). 15.​My partner and I went into the basement on November 11, 2024 and saw parts of the ceiling ripped out, wires hanging down, wood and rusty metal debris scattered throughout the space, and a large portion of the wall torn down (see exhibit D). 16.​On November 24, 2024, a Sunday, the sound of a smoke detector’s low battery beep was audible through the floor from the closed section of the basement. When my partner texted Mr. Dinkov in our shared group chat at 12:16pm to let him know, he replied by saying that he would stop by the property in a few hours (see exhibit E). 17.​After providing notice of lease non-renewal on January 29, 2025, Mr. Dinkov informed me that he needed our unit so that he could move into the property. 2 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Rent payments made by Mr. Dinkov to Ms. Donna Lewis by Venmo from January 2024 - April, 2025 Page 59 Rent payments made by Mr. Dinkov to Ms. Donna Lewis by Venmo from January 2024 - April, 2025 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 10/28/25, 3:47 PM City of Portland Mail - Rent Board Public Hearing - 33 State St (CBL: 044-B-016-001) Dylan Orr <dorr@portlandmaine.gov> Rent Board Public Hearing - 33 State St (CBL: 044-B-016-001) 2 messages Atanas Dinkov <addinkov01@gmail.com> Mon, Oct 27, 2025 at 12:10 PM To: rentboard@portlandmaine.gov Hi there, My name is Atanas Dinkov and I own the property located on 33 State St (CBL: 044-B-016-001) Portland Maine. I am reaching out regarding a request for a hearing submitted by Portland Tenants Union in regards to a potential violation of the City of Portland's Rent Stabilization Ordinance. Please note that Portland Tenants Union has already notified Housing Safety/Permitting and Inspection department regarding potential violation of the City of Portland's Rent Stabilization Ordinance. As a result investigation was completed by Adam O’Conner (Rental Registration Inspector Licensing) that concluded the property located at 33 State Street was owner-occupied as defined under Sec 6-150.1 of the City Code from January 2024 to present, exempting the property from Article XII. All this started in May 2024 and I do not understand why I have to go through this again? I am providing the following information in addition to investigation completed: 1. Amendment of Notice of Violation and Order to Correct 2. House inspection completed by Department of Planning and Urban Development CITY OF PORTLAND – please note this is a clear evidence Basement Unit was a Legal rentable unit including operational bathroom/shower and toilet. 3. Property data card – uploaded from City of Portland website. See towards the end of page This is an additional prove (besides Home inspection and two apprisals.) regarding Finished Basement status which is considered a livable area. 4. Extraction Bank statements regarding Venmo Payment – this is a proof I am paying $500.00 per month for an Office space including parking plus $70.00 for a Verizon phone line. Bank statements were provided to Adam O’Conner too. 5. CPA license for the state of Maine. – I need an office to complete my accounting work. 6. First pages of 2024 tax return and Tax Transcript showing my legal address 33 State street Portland ME. 7. Copy of Drivers License. - please note I changed my address beginig of the fiscal year 2024. 8. Copy of email from Portland Tenant Union insisting me paying $35,937.50 to tenants and identifying my going forward rents. Just wondering does the union have the right to enforce City of Portland Housing Safety Department Notice of Violation? 9. Portland Tenants Union Constitution – Please see page 3/5 section Financial Reimbursement from Landlords and consider the reason and more specifically the incentives Portland Tenant Union is trying to receive. This file was dowloanded from Portland Tenant Union website. 10. Link where the Portland Tenants Union Constitution was found. 11. Birth Certificate - explaning the reason I spent few months out of the country. I will provide copy of flight tickets if you would like. Let me know if you have any additionla questions/requests. Plese confirm you have received this email and all files attached Thank you. 11 attachments CPA License.pdf 166K Bank stmts Venmo payments.docx 107K ID.docx 488K https://mail.google.com/mail/u/0/?ik=11a4336f94&view=pt&search=all&permthid=thread-f:1847152072845833463&simpl=msg-f:184715207284583346… 1/2 Page 68 10/28/25, 3:47 PM City of Portland Mail - Rent Board Public Hearing - 33 State St (CBL: 044-B-016-001) Gmail - Fw_ NOV for 33 State.pdf 639K Birth Certificate.pdf 1264K LINK Portland Tenants Union Constitution DRAFT link.docx 14K Property data card.pdf 51K PTU Constitution DRAFT (2025) - Google Docs.pdf 137K Amended 33 State Street Notice of Violation (1) - Copy.pdf 2205K Tax return.pdf 1530K 33 State St Housing Inspection 4 units.pdf 3172K Dylan Orr <dorr@portlandmaine.gov> Tue, Oct 28, 2025 at 11:30 AM Cc: rentboard@portlandmaine.gov got it Dylan Orr Rental Registration Coordinator City of Portland 389 Congress St, Portland, ME 207-874-8966 dorr@portlandmaine.gov [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=11a4336f94&view=pt&search=all&permthid=thread-f:1847152072845833463&simpl=msg-f:184715207284583346… 2/2 Page 69 10/30/25, 2:03 PM City of Portland Mail - Rent Board Public Hearing 33 State St - additional information Dylan Orr <dorr@portlandmaine.gov> Rent Board Public Hearing 33 State St - additional information 1 message Atanas Dinkov <addinkov01@gmail.com> Thu, Oct 30, 2025 at 9:29 AM To: rentboard@portlandmaine.gov Good morning, I am providing additional information regarding my case. I am kindly asking to consider Rule 80B of Maine Rules of Civil Procedure according to which each side of the case has the right to appeal a City of Portland decision to Superior Court within 30 days. Portland Tenants Union DID NOT appeal CIty of Portland decision to Superior Court or to the Rent Board within the time frame (30 days) according to rule 80B which is explicitly stated within initial email and Notice of Violation by itself. (See attached) Notice of Violation was issued on 07/17/2025 and Portland Tenants Union letter requesting public hearing is dated 09/25/2025. I believe this is about a 70 days time period without response. In my understanding if you do not appeal a Government decision within time frame defined in this case by Rule 80b of the Maine Rules of Civil Procedure you agree with it. Thank you very much for your consideration. Rule 80b.pdf 1160K https://mail.google.com/mail/u/0/?ik=11a4336f94&view=pt&search=all&permthid=thread-f:1847413679445515727&simpl=msg-f:1847413679445515727 1/1 Page 70 Page 71 Page 72 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager 07/17/2025 License #: LTR-006077-2024 Code Case #: RCD2500009 Atanas Dinkov 33 State St Portland, ME 04101 AMENDMENT OF NOTICE OF VIOLATION AND ORDER TO CORRECT A Notice of Violation and Order to Correct (NOV) was issued on 06/24/2025 and required the violations related to property at 33 State Street (“Property”) to be corrected by 07/24/2025. The NOV alleged violations of Section 6-155 (d) (providing false information) and of Section 6-234(c) (improper rent increases) based, in part, on the finding that the Property was not owner-occupied prior to the Owner, Atanas Dinkov (“Owner”), moving into Unit 1 on or about April 15, 2025. At the time of an on-site inspection on June 11, 2025, the Owner was residing in Unit 1. Unit 2 was being renovated, and Unit 3 was tenant occupied. The basement was also being renovated and was torn down to the studs. Given the condition of the basement, it was determined that the Owner could not have lived in the basement prior to moving into Unit 1. As a result, the City issued the NOV based on the premise that the Property was not owner-occupied when the Owner increased the rent in January 2024. Following the issuance of the NOV, the Owner provided additional information which, after careful review and consideration, the City finds sufficiently demonstrates that the Owner resided at the Property from January 2024 to present and, therefore, the Property was exempt from Article XII of Chapter 6 of the City Code. In reaching this conclusion, the City considered the following information from the Owner: The Owner indicated that he resided at the Property from January 2024 to present. The Owner explained that a personal family situation required him to travel to and from his home country of Bulgaria. The Owner initially resided in Unit 1, then relocated to the basement of the Property, and moved back into Unit 1 after the unit was vacated on or about April 15, 2025. The Owner also provided the following exculpatory information to support his contention that he resided at the Property at all times relevant to the NOV: • A Home Inspection report dated 11/15/2023 from Square One Inspections, Matthew Tycz (inspector). The inspection report refers to the basement as “Finished”. The report goes further to say, “Most of the basement ceilings, walls, and floors have been covered with interior finishing”. The report contains photos of the basement in a finished state. • An Appraisal of Real Property report dated 11/17/2023. The report contains photos of the basement in a finished state. 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 73 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager • An Appraisal of Real Property report dated 10/18/2024 from Class Valuation, Christina Strong (appraiser). The report refers to the basement as “finished”. The report contains photos of the basement in a finished state. • A text message from a tenant to the Owner dated 11/2/2024 informing the Owner that the noise from the basement was disturbing them. The text states, “the sound of voices when someone speaks from below is loud enough that they seem to be almost in the same room with us.” The message also states, “This morning you woke us up at 7:30 am.” • A Google Maps Street View photo dated December 2024 that shows the Owner’s car in front of the building. • Three parking tickets with photos that show the Owner’s car in front of the building. The tickets are dated 2/6/2024, 5/20/2024, and 8/22/2024. • A copy of the Owner’s vehicle registration showing the vehicle cited in the parking tickets is their registered vehicle. • A signed letter dated 7/1/2025 from Dimitry Shevorski, resident of 31 State St, Apt 3, the letter states that in August 2024, the Owner told Mr. Shervorski he “will no longer be able to use the washer/dryer that was located in the basement unit of his building because he was going to live there. Moving forward, I frequently saw him going in and out of that unit, lights being on there, and his car being parked by the building.” • A signed letter dated 7/3/2025 from UPS driver Joe Dubber that states, “Based on how often I see him making deliveries on 33 State Street Portland ME and nearby I believe Atanas resides at 33 State Street Portland ME.” • A signed letter dated 7/12/2025 from Donna Lewis of 62 Cherry Lane, Ogunquit, ME 03907. The letter states that “Atanas Dinkov rents a room in our house in Ogunquit, ME which he uses as a workspace from time to time. He pays us $500 per month for the room and a parking space; plus $70 per month for his Verizon phone line.” The Owner reports that he uses that space as his office to conduct his professional accounting work and does not live there. • The Owner presented bank records showing a payment of $570 from his Venmo account. • The Owner had their own mailbox at the Property to receive correspondence. Copies of the aforementioned documents are attached for reference. Given the documents and information provided by the Owner it can reasonably be assumed that the Property was owner-occupied as defined under Sec 6-150.1 of the City Code from January 2024 to present, exempting the property from Article XII. The following violation(s) have been resolved as a result of the additional information received: • Sec 6-155(d) – Providing False Information • At the time of the Short-Term Rental Registration, the information provided by the Owner was accurate. Article VI of the City code requires registration for new owners within 30 days of purchase, but does not require the City to be notified if an owner vacates the occupied unit. There is no evidence that the Owner rented Unit 1 as a Short-Term Rental while it was occupied by the long-term tenant. • One count of providing false information will remain for Long-Term Registration. The penalty for which is $1,000. • Unit 1 was not properly registered as a Long-Term Rental in 2024 or 2025. The Owner will be required to register the unit for those years and pay all applicable fees and penalties. 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 74 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager • Sec 6-234(c) – Increase in Rent of over 10% • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • Sec 6-236 – Termination of Tenancy • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • The Owner provided the 30-day minimum notice as required by the State of Maine. • Sec 6-234(f) – Remedy • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • As an exempt property, no rent overcharges remain. In conclusion, the Owner has demonstrated through contemporaneous documentation and signed letters that the property was owner-occupied at all times relevant to the NOV. A new Notice of Violation has been issued with the current violations and sent to the Owner. Thank you, Adam O’Connor Rental Registration Inspector 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Please see pages: 6/8 and 8/8 Note: This is a clear evidence Basement Unit was a Legal rentable unit including operational bathroom/shower and toilet. Dwelling units 4 Page 93 Page 94 Page 95 Page 96 Page 97 Basement Page 98 Page 99  Four dwelling units Basement dwelling unit. Page 100 Property Search | Portland ME 11/13/23, 5:23 PM PARID: 044 B016001 33 STATE ST GAY ERIC H AND HEATHER GAY JTS Parcel Parcel ID 044 B016001 Property Location 33 STATE ST Unit Living Unit 3 Land Use Code 13 - THREE FAMILY Land Area (acreage) Land Area (square footage) .0436 Notes 1899 44-B-16 STATE ST 33 1901 SF Utilities 1 - ALL PUBLIC - - Owners Owner GAY ERIC H & HEATHER GAY JTS Address 33 STATE ST City, State, Zip PORTLAND ME 04101 Deed Date 10/19/2018 Book 35230 Page 147 Assessed Values Land $197,900 Building $375,200 Total $573,100 Homestead / Veterans Exemption $0 Other Exemptions $0 Taxable Value $573,100 Sales History Date Price Grantee Grantor Book Page 10/19/2018 $350,000 GAY ERIC H & CBPC HOLDINGS LLC 35230 147 04/16/2010 $330,000 CBPC HOLDINGS LLC MID-TOWN PROPERTIES LLC 27715 023 05/20/2009 $0 MID-TOWN PROPERTIES LLC SIMPSON WILLIAM P 26907 165 03/25/2008 $0 SIMPSON WILLIAM P 25917 129 11/16/2007 $0 MID-TOWN PROPERTIES LLC 25624 059 Residential Card 1 Style OLD STYLE Year Built 1900 Stories 3 Attic 1 - NONE Fuel Type 4 - OIL Heat System 5 - STEAM Heat/AC Type 2 - BASIC Fireplaces 1 Total Rooms 15 Bedrooms 6 Full Baths 3 Half Baths Basement 4 - FULL Basement Garage Spaces Finished Basement Area 200 Basement Rec Room Area Unfinished/Cathedral Area Living Area 1,973 Assessment History https://assessors.portlandmaine.gov/Datalets/PrintDatalet.aspx?pin=0…eq=0&card=1&roll=REAL&State=1&item=1&items=-1&all=all&ranks=Datalet Page 1 of 2 Page 101 Property Search | Portland ME 11/13/23, 5:23 PM Standard Other Taxable Year Land Building Total Exemption Exemption Value 2023 $197,900 $375,200 $573,100 $0 $0 $573,100 2022 $197,900 $375,200 $573,100 $0 $0 $573,100 2021 $197,900 $375,200 $573,100 $0 $0 $573,100 2020 $133,100 $120,000 $253,100 $0 $0 $253,100 2019 $133,100 $120,000 $253,100 $0 $0 $253,100 2018 $133,100 $120,000 $253,100 $0 $0 $253,100 2017 $133,100 $120,000 $253,100 $0 $0 $253,100 2016 $133,100 $120,000 $253,100 $0 $0 $253,100 2015 $133,100 $120,000 $253,100 $0 $0 $253,100 2014 $133,100 $120,000 $253,100 $0 $0 $253,100 https://assessors.portlandmaine.gov/Datalets/PrintDatalet.aspx?pin=0…eq=0&card=1&roll=REAL&State=1&item=1&items=-1&all=all&ranks=Datalet Page 2 of 2 Page 102 Page 103  State of Maine DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF PROFESSIONAL AND OCCUPATIONAL REGULATION BOARD OF ACCOUNTANCY License Number CP10739 Be it known that ATANAS DIMITROV DINKOV has qualified as required by Title 32 MRS Chapter 113 and is licensed as: CERTIFIED PUBLIC ACCOUNTANT ISSUE DATE EXPIRATION DATE September 30, 2025 Joan F. Cohen, Commissioner September 30, 2026  Detach STATE OF MAINE STATE OF MAINE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION OFFICE OF PROFESSIONAL AND OCCUPATIONAL REGULATION BOARD OF ACCOUNTANCY 35 State House Station Augusta, Maine 04333-0035 (207) 624-8603 License Number CP10739 ATANAS DIMITROV DINKOV CERTIFIED PUBLIC ACCOUNTANT Joan F. Cohen, Commissioner ISSUED 09/30/2025 EXPIRES 09/30/2026 Page 104 Page 105 Page 106 Page 107 10/26/25, 8:27 AM Gmail - Fw: NOV for 33 State Atanas Dinkov <addinkov01@gmail.com> Fw: NOV for 33 State 1 message Atanas Dinkov <addinkov@yahoo.com> Sun, Oct 26, 2025 at 8:26 AM To: Atanas Dinkov <addinkov01@gmail.com> ----- Forwarded Message ----- From: Portland Tenants Union <info@portlandtenantsunion.org> To: "addinkov@yahoo.com" <addinkov@yahoo.com> Sent: Monday, July 14, 2025 at 12:33:10 PM EDT Subject: NOV for 33 State Good afternoon Mr. Dimitrov, We are Portland Tenants Union. We represent tenants throughout the city of Portland in regard to rent control issues and have helped negotiate a number of settlements to resolve complaints and notices of violation. In this case we are reaching out at the request of your former tenants at 33 State Street. As you know, the city of Portland issued a notice of violation on June 24, 2025 regarding their tenancies, with a deadline of July 24, 2025 to resolve those violations in order to avoid fines and possible legal action. Based on that notice, we believe that you owe the tenants the following amounts: 1-0 | | Unit 1 - $10,650 1-1 | | 10,650.00 Unit 2 - $13,587.50 1-2 | | + 13,587.50 Unit 3 - $11,700 1-3 | | + 11,700.00 Please keep in mind 10% would go to the union. See work 1-T | Total | = 35,937.50 paper PTU Constitution DRAFT 2025 attached. And the rents for the units going forward must be set at: Unit 1 - $1,125 1 bedroom apartment Unit 2 - $1,175 1 bedroom apartment Unit 3 - $1,125 2 bedroom apartment We are reaching out to see if we can help facilitate the resolution of these matters. We are certainly willing to work with you to find the best way to make this work for everyone. As the tenants have asked us to represent them in this matter, please reach out to us with any questions and to discuss payment details, rather than contacting the tenants directly. We look forward to resolving this matter with you before the deadline of July 24, 2025, so you can present something to the city saying the matter is satisfied. Sincerely, PTU Steering Committee https://mail.google.com/mail/u/0/?ik=b2a7492f9c&view=pt&search=all&permthid=thread-f:1847047333486892585&simpl=msg-f:1847047333486892585 1/1 Page 108 See page 3/5 ​Portland Tenants Union Constitution DRAFT​ ​Table of Contents​ ​Introduction​ ​Article I – Name​ ​Article II – Objectives and Principles​ ​Article III – Organizational Structure​ ​Article IV – Membership​ ​Article V – Tenant Council​ ​Article VI – Elections​ ​Article VII – Amendments​ ​Introduction​ ​We are a city wide union run by and for Portland tenants. We believe that all people deserve a safe and​ ​affordable place to live and we are dedicated to fighting for the rights and dignity of all tenants. We​ ​come from all backgrounds and walks of life, including different races and ethnicities, cultures and​ ​religions, genders and sexual orientations. We are united by our shared commitment to justice for​ ​tenants and we are building a powerful union to fight for our rights.​ ​We prioritize affordability and the fundamental right to housing over the profits of a few wealthy​ ​landlords, developers, and Wall Street hedge funds. We will work toward a future in which Portland​ ​guarantees a home for all and where housing is not a speculative investment. Where landlords are held​ ​accountable to providing safe, well maintained, beautiful housing that is comfortable, stable, and​ ​affordable.​ ​Article I – Name​ ​Portland Tenants Union [PTU].​ ​Article II – Objectives and Principles​ ​The objectives of PTU are:​ ​1)​ ​To educate, organize, and unite Portland tenants.​ ​2)​ ​To win improved housing conditions and stable and affordable rents.​ ​Article III – Organizational Structure​ ​3.1 Annual Membership Convention​ ​Each year, in January if possible, a Convention of PTU’s membership will decide key matters of​ ​organization and strategy for the year to come.​ ​3.2 Tenant Council​ ​The Tenant Council will carry out the mandate of the membership between Conventions. The Tenant​ ​1​ Page 109 ​Council will be composed of two Co-Chairs, a Secretary, and a Treasurer, and up to seven (7) members,​ ​elected by dues-paying Union members.​ ​Article IV – Membership​ ​4.1 Membership Criteria​ ​1.​ ​All renters in Portland are eligible to become members of PTU.​ ​a.​ ​A renter shall be defined as any person who pays rent to a landlord for housing or who​ ​lacks stable housing.​ ​2.​ ​Any renter who lives in Portland may join PTU by filling out the official member sign up form​ ​and paying monthly dues.​ ​4.2 Rights of Members​ ​1)​ ​Full backing from PTU in disputes with their landlord.​ ​a)​ ​Advise members on their rights.​ ​b)​ ​Contact the landlord on behalf of members, upon request.​ ​c)​ ​Provide Tenant Advocates to attend meetings with the landlord.​ ​d)​ ​Recommend lawyers and provide financial support for legal representation, when​ ​possible and approved by the Tenant Council.​ ​e)​ ​File complaints on their behalf upon request to the city.​ ​f)​ ​File complaints on their behalf upon request to the rent board.​ ​2)​ ​To vote in all Union elections in accordance with these bylaws, agreements directly affecting​ ​the member as a tenant, and to run for any position on the tenant council.​ ​3)​ ​To attend, participate, and vote on all questions at the yearly Membership Convention and all​ ​regular and special membership meetings of PTU.​ ​4)​ ​To utilize all services provided by PTU and to participate in all social, educational, and cultural​ ​activities.​ ​5)​ ​Ability to purchase any PTU merchandise at cost.​ ​6)​ ​Access to member-only communication channels.​ ​4.3 Responsibilities of Members​ ​1)​ ​Support and defend PTU and members.​ ​2)​ ​Comply with decisions of PTU made pursuant to this constitution.​ ​3)​ ​Participate in PTU activities when requested (such as attending rent board meetings, emailing​ ​city council etc.)​ ​4.4 Dues​ ​1)​ ​Portland Tenants Union collects dues from all Union members to further the activities of PTU,​ ​such as administrative costs, events, and legal support.​ ​2)​ ​PTU collects dues as a percentage of rent (minimum .5%, not to exceed 1.5%). Landlords are​ ​encouraged to stand with PTU in solidarity by pledging to pay these dues on behalf of their​ ​tenants.​ ​2​ Page 110  ​a)​ ​Tenants receiving public support (section 8, voucher, general assistance, etc) pay dues​ ​based on their portion of rent.​ ​Dues Exemptions:​ ​Tenants may request dues waivers in the following circumstances:​ ​1)​ ​Rent is more than 50% of monthly income and income is below 80% of median average​ ​income ($68,500 as of 2024).​ ​2)​ ​Tenants who are unemployed.​ ​3)​ ​Unhoused.​ ​4)​ ​Other extenuating circumstances.​ ​Financial Reimbursement from Landlords​ ​In the case that PTU assists a member, or group of members, in receiving monetary​ ​compensation from their landlord in relation to a violation of tenants rights, a donation of 10%​ ​is recommended back to PTU from the member.​ ​Article V – Officers and Tenant Council​ ​5.1 Co-Chairs​ ​1)​ ​The Co-Chairs will be elected by the general membership of PTU. The term of the Co-Chairs​ ​shall be 2 years with no term limit (terms will be staggered).​ ​2)​ ​The Co-Chairs are empowered by their elections to carry out the plans and programs decided on​ ​by the Tenant Council and are responsible for the day-to-day administration of PTU, including,​ ​but not limited to:​ ​a)​ ​Facilitates broad rank-and-file participation​ ​b)​ ​Grows the membership and power of PTU​ ​c)​ ​Represents PTU publicly and with key coalitional partners​ ​d)​ ​Drives strategic planning, including providing an annual budget to the Tenant Council​ ​for approval​ ​e)​ ​Calls and chairs regular and emergency meetings of the Tenant Council.​ ​f)​ ​Create committees as needed​ ​g)​ ​Sign official documents​ ​5.2 Secretary​ ​The Secretary will be elected by the general membership of PTU. The term shall be 1 year.​ ​1)​ ​Maintain PTU documents and organizational systems​ ​2)​ ​Maintain PTU communication channels including the website​ ​3)​ ​Manage membership lists and CRM​ ​5.3 Treasurer​ ​1)​ ​The Treasurer will serve as PTU’s chief fiscal officer.​ ​2)​ ​The Treasurer will receive, manage, and distribute dues/funds according to the principles of​ ​PTU, as authorized by the Tenant Council, as executed by the Co-Chairs.​ ​3​ Page 111 ​5.4 Tenant Council Members​ ​1.​ ​In addition to the officers, the tenant council shall consist of up to 7 members of the Portland​ ​Tenants Union willing to take an active role in developing and promoting the activities of PTU.​ ​2.​ ​Tenant council terms shall be one year, with no term limit.​ ​3.​ ​The Tenant Council will meet at least 10 times a year and will be chaired by one of the PTU​ ​Co-Chairs.​​The Council may decide to meet more frequently,​​and may also meet on an area or​ ​committee basis.​ ​4.​ ​At any time, one-third of the members of the Council may request that the Co-Chairs Convene a​ ​special meeting of the Council which must be held within ten days after receipt of such request.​ ​5.​ ​An elected Tenant Council member who fails to attend three Council meetings in a year,​ ​without proper excuse, will cease to be a member of the Council. The vacancy will be filled by​ ​a special election no later than six weeks from the time the vacancy occurs. Procedure for other​ ​elections, except as otherwise provided in these bylaws, will be determined by the Tenant​ ​Council.​ ​The Tenant Council will have the following powers:​ ​1)​ ​To formulate plans, programs, and policies for PTU.​ ​2)​ ​To receive and act upon reports of the Co-Chairs and other​​officers.​ ​3)​ ​To approve an annual budget recommended by the Co-Chairs, including the expected dues​ ​level, and authorize the officers to execute said budget.​ ​4)​ ​To call rent strikes, when authorized by the members direc​tly affected as tenants.​ ​5)​ ​To recommend a city-wide rent strike with 70% support of the membership.​ ​5.5 Recalls​ ​All Officers and Tenant Councilors may be recalled through procedures developed by the full Tenant​ ​Council and approved by membership​ ​Article VI – Elections​ ​6.1 Voting​ ​1)​ ​The officers and members of the Tenant Council shall be elected at the annual Membership​ ​Convention by majority vote through ranked choice.​ ​2)​ ​The first two Co-Chairs will be elected to staggered terms (one for two years, and one for one​ ​year). Thereafter, one or the other will be up for re-election annually.​ ​3)​ ​The Tenant Council reserves the right to revise these election proceedings after the 2024​ ​Membership Convention.​ ​6.2 Vacancies​ ​1)​ ​Each officer elected at the Membership Convention shall take office immediately upon the​ ​officer’s election and shall serve until the officer’s successor is elected.​ ​2)​ ​In the event of a vacancy in the office of either Co-Chair or the Secretary or Treasurer, the​ ​remaining Tenant Council will appoint an interim within 30 days of the vacancy until a​ ​replacement is elected at the next Annual meeting to fill the remainder of the term.​ ​4​ Page 112  ​Article VII – Amendments​ ​Amendments to these bylaws may be initiated by:​ ​1)​ ​A majority vote of the Tenant Council; or,​ ​2)​ ​A petition signed by ten percent (10%) of the members of PTU who are in good standing.​ ​The Tenant Council shall submit the proposed amendment(s) to a vote of the general membership with​ ​at least 30 days notice at any membership meeting. Amendments will be approved with a 3/5ths vote.​ ​5​ Page 113 Portland Tenants Union Cons�tu�on DRAFT htps://docs.google.com/document/d/1OwHMLK2tMa4NhsbE4bKgZ1CgoH82GdMMiCAtUmhO 5rg/edit?link_id=4&can_id=2a122f020fc2a9cf67d9a1c5332407b9&source=email-ptu-march- 5th-general-mee�ng-2&email_referrer=&email_subject=ptu-goes-to-city-council-and-may- general- mee�ng&&&link_id=7&can_id=1be104dc5f419c213ba0cc0�4e5fa94&email_referrer=email_27 21751&&&email_subject=portland-tenants-union-events-this-week&tab=t.0 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager To: Rent Board Chair and Members From: Adam O’Connor, Rental Registration Inspector Subject: Address – 33 State Street, CBL 044 B016001 Code Case: RCD2500009 Date: November 25, 2025 RE: Memorandum – Interpretation Appeal – Portland Tenant Union Introduction By letter dated September 25, 2025, the Portland Tenants Union (“PTU” herein) filed a complaint with this Board challenging the City’s findings that the property located at 33 State Street in Portland (“Property”) met the definition of “owner-occupied” under Section 6-150.1 of Article VI of the City of Portland Code of Ordinances (the “City Code” herein). Historical Background The PTU submitted a formal rent control complaint regarding 33 State St by email on May 8, 2025. The complaint alleged that the owner of the Property, Atanas Dinkov (the “Owner” herein) falsely claimed an owner-occupied exemption, illegally raised rents on all three units in the building, failed to provide 1 month’s rent as reimbursement for the termination of tenant leases between 60 and 90 days, and failed to provide tenants with required documentation upon leasing the premises. City staff commenced an inspection. City staff reviewed rental data, lease documentation, and deed information from the Cumberland County Registry of Deeds, among other documents. An on-site inspection was conducted on June 11, 2025. On June 24, 2025, a Notice of Violation was issued to the Owner citing violation of City Code sections 6-155(d), 6- 234(c), 6-236, 6-244(b), and 6-234(f). The Owner was given 30 days to resolve or appeal the violations. The Owner contested the City’s Notice of Violation, asserting that they had occupied the basement space at the Property during the time period in question. The Owner asserted they were occupying the basement unit as their primary residence while also renovating the space. The basement unit was viewed during the on-site inspection conducted on June 11, 2025. The unit was observed to have its own entrance, completely separate from the main entrance to the other three units in the building. The unit was also observed to be free of water and relatively damp-proof, and to have a full set of windows in the front of the building. The space was partitioned into two separate spaces, each consisting of roughly 50% of the footprint of the building. One space was used primarily as a laundry facility. The other space was separated by a wall with a door and contained a bathroom. At the time of the June 2025 inspection, the toilet was still functional, and the rough plumbing for a sink and a possible shower were visible. City staff conducted open-source searches that did not reveal a secondary address for the Owner. In fact, 33 State Street was the only resulting address when “Atanas Dinkov Maine” was searched. A search of the 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 122 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager Owner’s name in the Cumberland County Registry of Deeds did not yield any results that would indicate the owner owned any other property in the county. The Owner submitted documentation showing 33 State Street as their address on their Maine Driver’s License and on their US Individual Income Tax Return (Form 1040) for 2024. These documents sufficiently show that the Owner used 33 State Street as their address for “tax and government purposes”. City staff reviewed Chapter 6 (Building and Building Regulations) and Chapter 14 (Land Use Code) of the City Code. Neither chapter prohibits a property owner from occupying a property while under renovation, nor does it prohibit occupying unfinished spaces within the property. On July 17, 2025, an Amendment of Notice of Violation and Order to Correct was issued. The Amended Notice of Violation included the supplementary documents the City received and relied upon when it revised its findings, as well as details regarding which violations were satisfied. A secondary Notice of Violation was issued on July 17, 2025, and cited violations of City Code sections 6-151, 6-155(d), and 6- 224(b). All fines and penalties have been paid, and violations have been satisfied as of the drafting of this memorandum. Current Appeal Interpretation of “Owner-Occupied” The PTU disputes that the Owner “occupied” the basement unit of the property as their primary residence. Section 6-231(d) of the City Code exempts “Rental Units within a building containing two (2), three (3) or four (4) dwelling units, one of which the property owner currently occupies as his or her principal residence1”. The property located at 33 State St is listed by the City Assessor as a “Three Family” building with a “Full” basement. Historical records dating back as far as 1983 show that the basement of the building was once a dwelling unit. Part of the basement space was converted to a laundry room facility at some point prior to the Owner purchasing the property. The basement unit would fit the definition of a “rooming unit”2 under Sec 6-106 of the City Code. Per Sec 6- 150.1 of the Code, a “rooming unit” is a rental unit.3 The City’s position that a rooming unit is a rental unit was affirmed in the District Court case of City of Portland v. William Schoen4. Schoen goes further to state that only rental units as defined under Sec 6-232 1 “Principal residence” is an undefined term under the City Code. For this exercise, City staff used the definition of Primary Residence under 6-150.1 2 Sec 6-106 Rooming unit shall mean one (1) or more rooms forming a single unit used, or intended to be used, for living and sleeping purposes, but not designed for food preparation, by two (2) or more persons living in common or by a person living alone. 3 Sec 6-150.1 Rental unit is a portion of any residential structure that is rented or available for rent to any individual or individuals for any length of time. Any portion of a Single-Family Home, Condominium, or Apartment that is rented or available to be rented to an individual or individuals who are not the owner or owners shall be considered a rental unit. Dwelling units and rooming units as defined in §6-106 are, without limitation, rental units. [emphasis added] 4 City of Portland v. Schoen “this court finds that the two bedrooms in question are not ‘Covered Units’ under the Rent Control Ordinance but do remain ‘Rental Units’ under 6-151” 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 123 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager are considered to be a “covered unit”5. A “Covered Unit” under section 6-232 is a non-exempt “rental unit”6. “Rental unit” under section 6-232 is limited to “dwelling units” as defined7. “Rooming units” and “dwelling units” are distinct and separate under the City Code. Under case law, a “rooming unit” is a “rental unit” but not a “dwelling unit” and, therefore, not a “covered unit” under the City Code. Section 6-150.1 defines Owner-Occupied as “a rental unit owned and occupied by the registrant as their primary residence”. Primary residence is defined as an owner’s “legal residence for more than one-half of a year and registers as his or her address for tax and government identification purposes”. “Occupied” is not a defined term in the City Code. The Maine Supreme Court decision of Freeport v. Brickyard Cove Associates8 states that in the event a term is undefined in the ordinance, the term will be given its “common, everyday meaning”. “Occupied” is defined as “being used by someone” in the Oxford Language Dictionary. “Occupied” is defined as “being used by someone; with someone in it” by the Cambridge Dictionary. Conclusions The PTU is not challenging the City’s finding that Mr. Dinkov owned the Property. The PTU is also not disputing that the Owner used 33 State as their address for “tax and government purposes”. The crux of the PTU’s argument is that the Owner did not sleep at the property for more than half of the year. That argument is not supported by the plain language of the ordinance or the “common, everyday meaning” of “occupied.” Under the definitions of “occupied” cited above, the Owner, without question, “used” the space. No other person has contended that they “occupied” the basement unit. Whether a person slept at the property for a certain number of days is not determinative when testing for owner occupancy as defined under the City Code. If the Board were to adopt PTU’s interpretation, it would eliminate a significant portion of the population from being able to maintain a “primary residence”. For instance, active military members, long-haul truckers, airline flight crews, traveling salespeople, and traveling nurses (to name a few examples) would likely not be found to have a primary residence as defined in the City Code if this interpretation were applied. The Rent Board recently took up a case in the past where the owner of the property was a merchant marine attending the meeting via Zoom from a ship at sea whose deployment was for weeks, if 5 City of Portland v. Schoen “The court determines that the rooms Mr. Schoen provides for rental do not meet the definition of ‘Dwelling Unit’ in the Rent Control Ordinance, and thus not ‘covered units’ and not ‘rental units’ subject to the Rent Control Ordinance. 6 Sec 6-232 Covered unit means a Rental Unit within the City of Portland that does not fall within a category exempted from this Article by Section 6-231. 7 Sec 6-232 Rental unit means any dwelling unit that is rented or otherwise made available for rent for residential use or occupancy, together with all additional rights, privileges, or services connected with use or occupancy of such a unit, including but not limited to vehicle parking spaces, storage, and commons areas and/or recreational facilities held out for use by the Tenant. [emphasis added] 8 Freeport v. Brickyard Cove Assocs. “The absence of a definition of a term in an ordinance does not compel a finding of invalidity; it means only that the term will be given its common, everyday meaning unless the context dictates otherwise.” 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 124 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager not months, at a time. Under the PTU’s interpretation, this property owner would not have a primary residence. Per the City’s analysis, the record shows that the Owner used the rooming unit located in the basement of 33 State Street for more than one-half of the year and registered the property as his primary residence for tax and government purposes. This qualifies the property as “owner-occupied” under Section 6-150.1 of the City of Portland Code of Ordinances. As such, the property is exempt from the Rent Stabilization Ordinance. 9 Thank you, Adam O’Connor Rental Registration Inspector 9 6-232 Rent stabilization ordinance means Chapter 6, Articles XII and XIII of the Code of Ordinances, City of Portland, Maine, as amended. 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 125 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager 06/24/2025 License #: Code Case #: RCD2500009 ATANAS DIMITROV / PO BOX 1453 WELLS, ME 04090 NOTICE OF VIOLATION AND ORDER TO CORRECT To Whom It May Concern, The City of Portland Permitting and Inspections Department inspected the rental data for 33 STATE ST PORTLAND, ME 04101 on 06/04/2025 and found violations of the City of Portland Code of Ordinances, which are listed on the attached page(s). You are hereby ordered to correct these violations by 07/24/2025. Please be advised that penalties will be applied if the violations are not corrected by that date. If you do not correct the attached violations by the date given, then this matter will be referred to the City of Portland Corporation Counsel for legal action, and you will be charged $150 for re- inspection per the City’s fee schedule. In the event of court action, the City may be entitled to an order to correct the violations, civil penalties in the minimum of $100 per violation per day, costs and fees, and other relief under §1-15 of the City Code and 30-A M.R.S. §4452. Please respond in writing via email to rentcontrol@portlandmaine.gov or send response by USPS to 389 Congress St, Portland, Maine 04101. You have a right to appeal this decision to Superior Court within 30 days of the date of this notice pursuant to Rule 80B of the Maine Rules of Civil Procedure. I appreciate your anticipated cooperation, and please contact our office by calling 207-874- 8900 if you have any questions. Thank you, Adam O’Connor Rental Registration Inspector ATANAS DIMITROV / PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 126 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager Total Violations: 5 NON‑COMPLIANCE VIOLATION LIST APPLICABLE CODE City Code 6-155(d) SECTION(S) Any person, business entity, or other organization providing false CODE DESCRIPTION information with respect to registration. Notwithstanding the provisions of § 6-1, the penalty for such violation shall be $1,000.00 The owner’s license, provided during short-term rental registration, stated the owner resided in Unit 1 of 33 State Street. The owner also registered 33 State Street as a long-term rental, registering Unit 1 as a tenant-occupied unit. A long-term lease was provided by the owner, which stated a tenant COMMENTS was occupying Unit 1. The city finds this as two violations of providing false information; one violation for short-term rental information and one violation for long-term rental information. These violations total a penalty of $2,000.00. DEADLINE 07/24/2025 APPLICABLE CODE City Code 6-234(c) SECTION(S) At no time may a Landlord raise the rent of a Covered Unit by more than CODE DESCRIPTION ten (10) percent. Any rent increases available to a Landlord in excess of ten (10) percent must be banked for later use. At the time the owner obtained 33 State Street, January 2024, the property did not qualify for the owner-occupied exemption. This means all rental units for 33 State Street were covered units required to follow allowable rental increases and limitations explained in the Rent Control Ordinance. Unit 1: Rent increased from $1,225 to $1,950, resulting in a 59.1% increase. COMMENTS Unit 2: Rent increased from $1,175 to $1,900, resulting in a 61.7% increase. Unit 3: Rent increased from $1,125 to $2,100, resulting in an 86.7% increase. The city finds that the owner must refund the tenants who occupied this property from January 2024 to April 2025. DEADLINE 07/24/2025 ATANAS DIMITROV / PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 127 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager APPLICABLE CODE City Code 6-236 SECTION(S) Termination of Tenancy (a) In order to be terminated by a Landlord, all tenancies must be terminated by providing a minimum of 90 days' written notice to Tenant except as provided below: 3. Where a Landlord provides the amount of one month's rent as reimbursement to Tenant for the inconvenience of termination, tenancies CODE DESCRIPTION may be terminated by notice to the Tenant of sixty (60) to eighty-nine (89) days; 4. Where a Landlord provides the amount of two months' rent as reimbursement to Tenant for the inconvenience of termination, tenancies may be terminated by notice to the Tenant of thirty (30) to fifty-nine (59) days. The owner provided Unit 1 a notice of lease non-renewal on January 29, 2025, requiring the tenant to leave by April 15, 2025. This notice provided 76-day notice of termination. The city finds that the owner must provide the tenant of Unit 1 one month’s rent, $1,950, as reimbursement to the Tenant as it is less than the 90-day requirement. COMMENTS The owner provided Unit 2 a notice of lease non-renewal on February 17, 2025, requiring the tenant to leave by April 18, 2025. This notice provided 57-day notice of termination. The city finds that the owner must provide the tenant of Unit 2 with two months’ rent, $3,800, as reimbursement to the Tenant, as it is less than the 90-day requirement. DEADLINE 07/24/2025 APPLICABLE CODE City Code Sec 6-224(b) SECTION(S) The Rental Housing Rights document shall be provided by Landlords to all CODE DESCRIPTION Tenants in the City of Portland at the commencement of the rental of a housing unit. The owner did not provide proof of a signed copy of the Rental Housing Rights document per tenant and does not have a copy of the Rental COMMENTS Housing Rights document hanging in a common space. ATANAS DIMITROV / PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 128 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager The city requires the owner provide proof of the Rental Housing Rights document being displayed in a common area and a signed copy of the Rental Housing Rights document per tenant. DEADLINE 07/24/2025 APPLICABLE CODE Remedy - City Code Sec 6-234(f) SECTION(S) A landlord who is not in substantial compliance with any provision of this chapter, including but not limited to the Rent Stabilization Ordinance, may CODE DESCRIPTION not demand, accept or retain any rent increase otherwise permitted by this section or any other provision of this Code or Maine statute. The owner is ordered to reduce the rent to the last code-compliant amount of and reimburse the tenant(s) any overcharge. Unit 1 last code complaint rent: $1,125 Unit 2 last code complaint rent: $1,175 COMMENTS Unit 3 last code complaint rent: $1,125 Proof of reimbursement and resolution must be sent in writing to our office by the deadline listed below. Resolution documents can be mailed to 389 Congress St, Portland, ME, 04101 or sent electronically to rentcontrol@portlandmaine.gov. DEADLINE 07/24/2025 ATANAS DIMITROV / PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 129 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager 07/14/2025 License #: LTR-006077-2024 Code Case #: RCD2500009 Atanas Dinkov 33 State St Portland, ME 04101 AMENDMENT OF NOTICE OF VIOLATION AND ORDER TO CORRECT A Notice of Violation and Order to Correct (NOV) was issued on 06/24/2025 and required the violations related to property at 33 State Street (“Property”) to be corrected by 07/24/2025. The NOV alleged violations of Section 6-155 (d) (providing false information) and of Section 6-234(c) (improper rent increases) based, in part, on the finding that the Property was not owner-occupied prior to the Owner, Atanas Dinkov (“Owner”), moving into Unit 1 on or about April 15, 2025. At the time of an on-site inspection on June 11, 2025, the Owner was residing in Unit 1. Unit 2 was being renovated, and Unit 3 was tenant occupied. The basement was also being renovated and was torn down to the studs. Given the condition of the basement, it was determined that the Owner could not have lived in the basement prior to moving into Unit 1. As a result, the City issued the NOV based on the premise that the Property was not owner-occupied when the Owner increased the rent in January 2024. Following the issuance of the NOV, the Owner provided additional information which, after careful review and consideration, the City finds sufficiently demonstrates that the Owner resided at the Property from January 2024 to present and, therefore, the Property was exempt from Article XII of Chapter 6 of the City Code. In reaching this conclusion, the City considered the following information from the Owner: The Owner indicated that he resided at the Property from January 2024 to present. The Owner explained that a personal family situation required him to travel to and from his home country of Bulgaria. The Owner initially resided in Unit 1, then relocated to the basement of the Property, and moved back into Unit 1 after the unit was vacated on or about April 15, 2025. The Owner also provided the following exculpatory information to support his contention that he resided at the Property at all times relevant to the NOV: • A Home Inspection report dated 11/15/2023 from Square One Inspections, Matthew Tycz (inspector). The inspection report refers to the basement as “Finished”. The report goes further to say, “Most of the basement ceilings, walls, and floors have been covered with interior finishing”. The report contains photos of the basement in a finished state. • An Appraisal of Real Property report dated 11/17/2023. The report contains photos of the basement in a finished state. 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 130 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager • An Appraisal of Real Property report dated 10/18/2024 from Class Valuation, Christina Strong (appraiser). The report refers to the basement as “finished”. The report contains photos of the basement in a finished state. • A text message from a tenant to the Owner dated 11/2/2024 informing the Owner that the noise from the basement was disturbing them. The text states, “the sound of voices when someone speaks from below is loud enough that they seem to be almost in the same room with us.” The message also states, “This morning you woke us up at 7:30 am.” • A Google Maps Street View photo dated December 2024 that shows the Owner’s car in front of the building. • Three parking tickets with photos that show the Owner’s car in front of the building. The tickets are dated 2/6/2024, 5/20/2024, and 8/22/2024. • A copy of the Owner’s vehicle registration showing the vehicle cited in the parking tickets is their registered vehicle. • A signed letter dated 7/1/2025 from Dimitry Shevorski, resident of 31 State St, Apt 3, the letter states that in August 2024, the Owner told Mr. Shervorski he “will no longer be able to use the washer/dryer that was located in the basement unit of his building because he was going to live there. Moving forward, I frequently saw him going in and out of that unit, lights being on there, and his car being parked by the building.” • A signed letter dated 7/3/2025 from UPS driver Joe Dubber that states, “Based on how often I see him making deliveries on 33 State Street Portland ME and nearby I believe Atanas resides at 33 State Street Portland ME.” • A signed letter dated 7/12/2025 from Donna Lewis of 62 Cherry Lane, Ogunquit, ME 03907. The letter states that “Atanas Dinkov rents a room in our house in Ogunquit, ME which he uses as a workspace from time to time. He pays us $500 per month for the room and a parking space; plus $70 per month for his Verizon phone line.” The Owner reports that he uses that space as his office to conduct his professional accounting work and does not live there. • The Owner presented bank records showing a payment of $570 from his Venmo account. • The Owner had their own mailbox at the Property to receive correspondence. Copies of the aforementioned documents are attached for reference. Given the documents and information provided by the Owner it can reasonably be assumed that the Property was owner-occupied as defined under Sec 6-150.1 of the City Code from January 2024 to present, exempting the property from Article XII. The following violation(s) have been resolved as a result of the additional information received: • Sec 6-155(d) – Providing False Information • At the time of the Short-Term Rental Registration, the information provided by the Owner was accurate. Article VI of the City code requires registration for new owners within 30 days of purchase, but does not require the City to be notified if an owner vacates the occupied unit. There is no evidence that the Owner rented Unit 1 as a Short-Term Rental while it was occupied by the long-term tenant. • One count of providing false information will remain for Long-Term Registration. The penalty for which is $1,000. • Unit 1 was not properly registered as a Long-Term Rental in 2024 or 2025. The Owner will be required to register the unit for those years and pay all applicable fees and penalties. 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 131 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager • Sec 6-234(c) – Increase in Rent of over 10% • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • Sec 6-236 – Termination of Tenancy • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • The Owner provided the 30-day minimum notice as required by the State of Maine. • Sec 6-234(f) – Remedy • The property is Owner-occupied as defined by Sec 6-150.1 and exempt from this requirement. • As an exempt property, no rent overcharges remain. In conclusion, the Owner has demonstrated through contemporaneous documentation and signed letters that the property was owner-occupied at all times relevant to the NOV. A new Notice of Violation has been issued with the current violations and sent to the Owner. Thank you, Adam O’Connor Rental Registration Inspector 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager 07/17/2025 License #: LTR-006077-2024 Code Case #: RCD2500009 ATANAS DINKOV PO BOX 1453 WELLS, ME 04090 NOTICE OF VIOLATION AND ORDER TO CORRECT To Whom It May Concern, The City of Portland Permitting and Inspections Department inspected the rental data for 33 STATE ST PORTLAND, ME 04101 on 06/24/2025 and found violations of the City of Portland Code of Ordinances, which are listed on the attached page(s). You are hereby ordered to correct these violations by 08/16/2025. Please be advised that penalties will be applied if the violations are not corrected by that date. If you do not correct the attached violations by the date given, then this matter will be referred to the City of Portland Corporation Counsel for legal action, and you will be charged $150 for re- inspection per the City’s fee schedule. In the event of court action, the City may be entitled to an order to correct the violations, civil penalties in the minimum of $100 per violation per day, costs and fees, and other relief under §1-15 of the City Code and 30-A M.R.S. §4452. Please respond in writing via email to rentcontrol@portlandmaine.gov or send response by USPS to 389 Congress St, Portland, Maine 04101. You have a right to appeal this decision to Superior Court within 30 days of the date of this notice pursuant to Rule 80B of the Maine Rules of Civil Procedure. I appreciate your anticipated cooperation, and please contact our office by calling 207-874- 8900 if you have any questions. Thank you, Adam O’Connor Rental Registration Inspector ATANAS DINKOV PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 150 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager Total Violations: 3 NON‑COMPLIANCE VIOLATION LIST APPLICABLE CODE City Code 6-151 SECTION(S) Rental units must be registered in accordance with this article by January 1st of each year; Rental units entering the rental housing market must be CODE DESCRIPTION registered within fourteen days. Registration must be renewed annually, on or before January 1st, including updating all changes in previously submitted registration information. The Owner did not properly register Unit 1 in 2024 or 2025. The Owner is COMMENTS required to provide registration documents for both years and pay all applicable fees and penalties. DEADLINE 08/16/2025 APPLICABLE CODE City Code 6-155(d) SECTION(S) Any person, business entity, or other organization providing false CODE DESCRIPTION information with respect to registration. Notwithstanding the provisions of § 6-1, the penalty for such violation shall be $1,000.00 The Owner provided Long-Term Rental Registration documents that COMMENTS claimed they resided in Unit 1 of the Property. This information proved to be false at the time of filing. The penalty for such a violation is $1,000. DEADLINE 08/16/2025 APPLICABLE CODE City Code Sec 6-224(b) SECTION(S) The Rental Housing Rights document shall be provided by Landlords to all CODE DESCRIPTION Tenants in the City of Portland at the commencement of the rental of a housing unit. The Owner must provide the Rental Housing Rights document to all long- COMMENTS term tenants of the Property DEADLINE 08/16/2025 ATANAS DINKOV PO BOX 1453 WELLS, ME 04090 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 RENT BOARD HEARING Tuesday, December 2, 2025 Page 157  WHO WE ARE Portland Tenants Union was founded by tenants across the city who came together to defend their rights. We aim to educate tenants, support them in addressing violations with their landlord, and help submit complaints with the City of Portland. Page 158  We are here today asserting the rights of the former tenants of 33 State Street “Any Tenants Union shall have standing as a party to assert the rights or interests of ANY Tenants,individually or collectively, under this Chapter in any complaint, appeal, or other proceeding …” Sec. 6-234(a) (emphasis added) Page 159 Mr. Atanas Dinkov falsely registered 33 State Street as Owner- Occupied in order to raise rents well above the allowable limits and avoid 90-day notice requirements Unit 1: 59.1% - From $1,225 to $1,950 Unit 2: 61.7% - From $1,175 to $1,900 Unit 3: 86.7% - From $1,125 to $2,100 Mr. Dinkov failed to compensate tenants for lease termination notice of less than 90 days “(d) Rental Units within a building containing only two (2), three (3) or four (4) dwelling units, one of which the property owner currently occupies as his or her principal residence” Page 160  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Page 161  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Jan. 10, 2024 Only units 2 & 3 are applied for LTRs Page 162  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Jan. 10, 2024 Only units 2 & 3 are applied for LTRs Apr. 1, 2024 All 3 units were rented out Page 163  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Jan. 10, 2024 Only units 2 & 3 are applied for LTRs Apr. 1, 2024 All 3 units were rented out Page 164  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Jan. 10, 2024 Only units 2 & 3 are applied for LTRs Apr. 1, 2024 All 3 units were rented out Page 165  Timeline to Deception Jan. 5, 2024 Mr. Dinkov purchased 33 State Street Jan. 10, 2024 Only units 2 & 3 are applied for LTRs Apr. 1, 2024 All 3 units were rented out Apr. 17, 2024 Only units 2 & 3 are registered Page 166  False Claim of Owner Occupancy Mr. Dinkov repeatedly claimed Apt #1 as his residence, a unit that was occupied by tenants. Apr 1, 2024 Apt 1 rented out Page 167  False Claim of Owner Occupancy Mr. Dinkov repeatedly claimed Apt #1 as his residence, a unit that was occupied by tenants. Apr 1, 2024 Apt 1 rented out Claimed Apt 1 as Apr. 22, 2024 residence on license Page 168  False Claim of Owner Occupancy Mr. Dinkov repeatedly claimed Apt #1 as his residence, a unit that was occupied by tenants. Apr 1, 2024 Apt 1 rented out Claimed Apt 1 as Apr. 22, 2024 residence on license Claimed Apt 1 as Apr. 23, 2024 voting address Page 169  False Claim of Owner Occupancy Mr. Dinkov repeatedly claimed Apt #1 as his residence, a unit that was occupied by tenants. Apr 1, 2024 Apt 1 rented out Claimed Apt 1 as Apr. 22, 2024 residence on license Claimed Apt 1 as Apr. 23, 2024 voting address July 1, 2024 Claimed Apt 1 on his car registration Page 170  False Claim of Owner Occupancy Mr. Dinkov repeatedly claimed Apt #1 as his residence, a unit that was occupied by tenants. Apr 1, 2024 Apt 1 rented out Claimed Apt 1 as Apr. 22, 2024 residence on license Claimed Apt 1 as Apr. 23, 2024 voting address July 1, 2024 Claimed Apt 1 on his car registration Claimed Apt 1 as his residence on notarized Nov. 7, 2024 STR affidavit Only submits 2025 LTRs for Units 2 & 3 again Page 171 Exposed. Fined. Page 172  And Then The Story Changes After this, Mr. Dinkov submited claims that he lived in the basement/laundry room rather than unit 1, contradicting every legal document he submitted during the tenancies in question. Page 173  And Then The Story Changes After this, Mr. Dinkov submited claims that he lived in the basement/laundry room rather than unit 1, contradicting every legal document he submitted during the tenancies in question. “And in the beginning of August 2024, he told me that I wil no longer be able to use the washer/dryer that was located in the basement unit of his building because he was going to live there.” Neighbor. Page 174  And Then The Story Changes After this, Mr. Dinkov submited claims that he lived in the basement/laundry room rather than unit 1, contradicting every legal document he submitted during the tenancies in question. “And in the beginning of August 2024, he told me that I wil no longer be able to use the washer/dryer that was located in the basement unit of his building because he was going to live there.” Neighbor. “I believe he was residing in his basement unit for a certain time.” Neighbor. Page 175  And Then The Story Changes After this, Mr. Dinkov submited claims that he lived in the basement/laundry room rather than unit 1, contradicting every legal document he submitted during the tenancies in question. “And in the beginning of August 2024, he told me that I wil no longer be able to use the washer/dryer that was located in the basement unit of his building because he was going to live there.” Neighbor. “I believe he was residing in his basement unit for a certain time.” Neighbor. “The Owner [told us that he] initially resided in Unit 1, then relocated to the basement of the Property...” City of Portland Page 176 Now Mr. Dinkov claims to have lived in the basement rather than unit 1. However, there was no 4th dwelling unit in the basement. Page 177 Now Mr. Dinkov claims to have lived in the basement rather than unit 1. However, there was no 4th dwelling unit in the basement. Page 178 Now Mr. Dinkov claims to have lived in the basement rather than unit 1. However, there was no 4th dwelling unit in the basement. Page 179 Now Mr. Dinkov claims to have lived in the basement rather than unit 1. However, there was no 4th dwelling unit in the basement. Page 180 Now Mr. Dinkov claims to have lived in the basement rather than unit 1. However, there was no 4th dwelling unit in the basement. Page 181  Rooming Unit vs Dwelling Unit -Mr. Dinkov’s testimony -City memo All parties concede that the basement of 33 State Street is not a dwelling unit. Page 182  Decision Avenue #1: Mr. Dinkov needs to have lived in a dwelling unit to be exempt from rent control -33 State Street LTR Registration Page 183  Decision Avenue #2: Mr. Dinkov provided no evidence that the basement unit was his principal residence under the law -City memo The “rental unit” currently under question for owner occupancy is the supposed “basement unit”. All of Mr. Dinkov’s tax and government identifications list Unit 1 as his address, which is a rental unit that was occupied by tenants the entire year. Page 184  Decision Avenue #2: Mr. Dinkov provided no evidence that the basement unit was his principal residence under the law -City memo Page 185  Decision Avenue #3: The basement did not, and still does not, meet the standards of habitability for a rooming unit -Sec. 6-111. Minimum plumbing standards. Page 186  Decision Avenue #3: The basement did not, and still does not, meet the standards of habitability for a rooming unit -Sec. 6-111. Minimum plumbing standards. Page 187  Decision Avenue #3: The basement did not, and still does not, meet the standards of habitability for a rooming unit -Sec. 6-111. Minimum plumbing standards. Page 188  Decision Avenue #3: The basement did not, and still does not, meet the standards of habitability for a rooming unit -Sec. 6-111. Minimum plumbing standards. -City memo Page 189  Boarded up windows to 33 State Street Basesment. 1/20/2025 Page 190  Adding to the evidence that the basement did not meet the living standards of a rooming unit, Mr. Dinkov texted his tenants on November 11, 2024, “Based on some safety issues concern and conversation with certified plumber the laundry room will not be available till the end of the year” Page 191  Decision Avenue #4: Mr. Dinkov did not live anywhere in 33 State St. All five tenants, occupying all three units, confirm, under oath, that the landlord never lived at the property Page 192 Mr. Dinkov did not live anywhere in 33 State St. Tenants confirm, under oath, that landlord never lived at the property Page 193 Mr. Dinkov did not live anywhere in 33 State St. Tenants confirm, under oath, that landlord never lived at the property Page 194 Mr. Dinkov did not live anywhere in 33 State St. Tenants confirm, under oath, that landlord never lived at the property Page 195 Mr. Dinkov did not live anywhere in 33 State St. Tenants confirm, under oath, that landlord never lived at the property Page 196 Mr. Dinkov did not live anywhere in 33 State St. Tenants confirm, under oath, that landlord never lived at the property Page 197  Mr. Dinkov’s “Evidence” Doesn’t Add Up Mr. Dinkov has failed to provide meaningful evidence that he lived anywhere at 33 State Street during the time period in question. Page 198  Mr. Dinkov’s “Evidence” Doesn’t Add Up The UPS Driver’s note The letter provided by a UPS driver was signed 3 months after the tenants had moved out, and does not contradict the evidence provided. Page 199  Mr. Dinkov’s “Evidence” Doesn’t Add Up The Neighboring Landlord’s note The neighboring landlord claims he could no longer use the laundry room, as Mr. Dinkov was moving into the basement in Aug., 2024. However, the laundry room remained in use until Nov. 11, 2024, when Mr. Dinkov informed his tenants that it would no longer be safe, reducing their rent by $15. (As a side note, if what the note said were true, it, again, contradicts his having registered 33 State as owner-occupied in April, 2024.) Page 200  Mr. Dinkov’s “Evidence” Doesn’t Add Up The Parking Tickets Mr. Dinkov provided 3 parking tickets from in front of his building. Two were imposed outside the time period in question. Only one covers the time period and it is during the afternoon – a time when even the tenants testified he was sometimes present demolishing the basement. Page 201  Mr. Dinkov’s “Evidence” Doesn’t Add Up Text From Apt #1 Mr. Dinkov uses a text from the first floor tenants about noise at 7:30am on Nov. 2, 2024 to suggest that he was there overnight. In truth, the full text references demolition noise from the basement. The tenants confirm this fact in their affidavit. Page 202  Mr. Dinkov’s “Evidence” Doesn’t Add Up Appraisals Mr. Dinkov provided two partial appraisals of the property, neither of which describe a room that fits the city’s habitability criteria for a dwelling unit. Indeed, the 2024 appraisal valued the basement at $12 per sf, vs $55 per sf for “Living Areas.” Page 203  Mr. Dinkov’s “Evidence” Doesn’t Add Up 1983 Inspection This inspection is 42 years old, and every official document surrounding his purchase of the property, and his ownership, shows there are only 3 dwelling units and only 3 bathrooms in the building, as shown in slides 17-21. Page 204  Mr. Dinkov’s “Evidence” Doesn’t Add Up Where did he live? While we cannot prove where Mr. Dinkov lived from 4/1/2024 to 3/31/2025, (because all his documents claim he lived in Unit 1, when clearly he did not), nor is it necessary, we suspect he lived at 33 Cherry Lane in Ogunquit, as he issued monthly Venmo payments to the owner of this property often using the “rent” emoji 🏠 , which corresponds with what he told his tenants. Page 205  Mr. Dinkov’s “Evidence” Doesn’t Add Up Where did he live? Despite a note from his landlords claiming that he was merely renting office space, a note not given under oath, the same landlords posted on Mr. Dinkov’s Facebook page over the years: “Nasco [his nickname] moved into our home in Ogunquit...” “Will clean the crackers off your bed!” “See you back at Cherry Lane soon.” Page 206 Where Did He Live? More than just a rented “work space”? Page 207 Summary Findings Page 208  Summary Findings There are only 3 dwelling units in the building. Page 209  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Page 210  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Mr. Dinkov falsely claimed to live in Unit 1. Page 211  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Mr. Dinkov falsely claimed to live in Unit 1. After our complaint, Mr. Dinkov changed his story to claim he lived in the unfinished basement. Page 212  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Mr. Dinkov falsely claimed to live in Unit 1. After our complaint, Mr. Dinkov changed his story to claim he lived in the unfinished basement. The basement is not a dwelling unit. Page 213  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Mr. Dinkov falsely claimed to live in Unit 1. After our complaint, Mr. Dinkov changed his story to claim he lived in the unfinished basement. The basement is not a dwelling unit. Nor is it a rooming unit. Page 214  Summary Findings There are only 3 dwelling units in the building. All 3 dwelling units were occupied by tenants. Mr. Dinkov falsely claimed to live in Unit 1. After our complaint, Mr. Dinkov changed his story to claim he lived in the unfinished basement. The basement is not a dwelling unit. Nor is it a rooming unit. Regardless, all tenants testified he never lived at 33 State. Ever. Page 215  Conclusion Mr. Dinkov did not live at 33 State Street in Unit 1 or the basement between April 1, 2024 and April 1, 2025. Page 216  Accountability In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: Page 217  Accountability In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: 1. Revoke Mr. Dinkov’s primary residence exemption. Page 218  Accountability In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: 1. Revoke Mr. Dinkov’s primary residence exemption. 2. Repeal all rent increases imposed by Mr. Dinkov in 2024 and require that tenants be fully refunded the amounts they were overcharged. Page 219  Accountability In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: 1. Revoke Mr. Dinkov’s primary residence exemption. 2. Repeal all rent increases imposed by Mr. Dinkov in 2024 and require that tenants be fully refunded the amounts they were overcharged. 3. Ensure that the tenants of Unit 1 and 2 are each given one month’s rent as compensation for being given less than 90-days notice to vacate the unit. Page 220  Accountability In light of these violations, and this brazen attempt to sidestep the law, gouge his tenants, and make these three units unaffordable, we request that the Rent Board: 1. Revoke Mr. Dinkov’s primary residence exemption. 2. Repeal all rent increases imposed by Mr. Dinkov in 2024 and require that tenants be fully refunded the amounts they were overcharged. 3. Ensure that the tenants of Unit 1 and 2 are each given one month’s rent as compensation for being given less than 90-days notice to vacate the unit. 4. Impose fines on Mr. Dinkov of at least $100 per month per unit for illegal rent increases collected; $100 per violation for inadequate notice compensation; $1,000 for filing false information in regard to owner- occupancy in his STR application; and $100 per instance for not posting the tenant rights document. Page 221  City of Portland – Housing Safety Division TENANT RIGHTS COMPLAINT Date of Hearing: December 2, 2025 Appellant: Shelley Swift Owner Name and Address: 193 York Street LLC PO BOX 361 Lynnfield, MA 01940 Property Address and Unit: 193 York St, Unit 2 CBL: 044-C-004-001 Page 222 City of Portland Rent Board Matthew Lax, Chair Via email: rentcontrol@portlandmaine.gov, rentboard@portlandmaine.gov Dear Chair Lax and members of the Rent Board, Pursuant to the standing granted to tenant unions under section 6-243(a) of the city code, we submit this appeal under 6-263(e) regarding a retaliatory tenancy termination 191-193 York Street. My evidence stands as follows:​ ​ Within six months of the tenant sending a complaint to the landlord that they had not received the appropriate forms required as part of satisfying a signature on the Rental Housing Rights Document, the landlord sent notice to the tenant that they now must vacate in 30-days (see exhibit A ) and included a check for two months rent. I have been in this building for 11 years. I am up-to-date on all of my rent. Since this owner has purchased this building, they have had many difficulties in their role as a property manager. They had failed to register the units. They had failed to give proper notice when they increased rents. They were found in violation and appealed and lost the appeal. They had to pay me back for the overage that they had charged in April of this year. Matt Greico sent me three docusign documents 1 stated I received the money, 2 stated that I had a 90 day notice for rent increase, and 3, the final document, that was the rental housing rights document. When I advise them that I could not sign the form until they gave me the appropriate disclosures (because the document states that I have received them) I can’t sign it unless I’ve actually received them. Louann Grieco was combative. This is the transcript of our text: Apr 29 2025 shelley swift : I reached out to Matt several times about trying to address this, but he is unresponsive. Other than to say that if the math was wrong, then I should just take it out of one of the rents . One of the documents was asking me to confirm the amount for the reimbursement in the math was not correct. One of the forms that I’m being requested to sign is a statement of acknowledgment of receipt of disclosure forms that I have not received. Which include : 1 Landlords Disclosure To Tenants Of Radon Gas Hazards In A Residential Rental Property 2 Energy efficiency disclosure form for a rental units in Maine Page 223 3 Lead paint disclosure form Will you be sending those along? And the third document regarding the rent increase I corrected the mistakes on that form and signed it and asked him where to send it and he never responded. Do you want me to send a photo of that to you? https://content.civicplus.com/api/assets/a9616b64-2442-4645-b4e3-ffaf645b06ac Here is the link to access these forms Page 224 Louann Grieco: Shelley you received all those docs previously as a tenant there is no need to send again. You just need to sign the rent increase and sign the confirmation that you got paid. They are in a docusign so no need to meet or mail Thursday May 1 Louann Grieco: Shelley can you please send over the signed rent increase document today to Kjmminc@gmail.com And any other forms you signed In conclusion My landlords refused to follow through on their responsibilities as property owners and landlords. They are very disgruntled that I have one my case against them for their Rent Control violation. The tenant downstairs from me just moved out and filed their Rent Control violation against them only days before they sent me this Tenancy termination, and I believe this is a factor! There is simply no financial reason for this landlord to terminate the my tenancy. By giving 30-days notice against the tenants’ wishes, the landlord forfeits the 5% bump he might otherwise be allowed. In light of this evidence, we ask that the rent board: 1.​ Find that the landlord has retaliated against me for requesting the appropriate disclosure that they are required to supply. 2.​ That the landlord forfeit all available banked rent at the unit, and all the others, as he was not in substantial compliance. 3.​ That the landlord be fined $200 a day for the retaliatory act against the tenant in until the retaliation is withdrawn (the tenant is re-offered the unit for another year, the tenant vacates by mutual agreement, or the tenant is evicted by the legal statutory process). Thank you for your immediate attention to this matter. I am happy to answer any questions about this complaint and provide additional backup documentation, screenshots of text messages, etc. regarding any and all the matters discussed in this letter. Page 225 11/7/2025 Matthew Grieco Authorized Agent for 193 York Street LLC Rent Board of Portland, ME City of Portland 389 Congress St, Portland, ME Dear Members of the Rent Board, I am writing to respond to the complaint filed against my company 193 York Street LLC by Shelley Swift and to clarify my position regarding Unit 2 at 193 York Street, which I purchased in 2020. Why Shelley is being asked to leave My plan at the time of purchasing this building was to move into Unit 2 as soon as I could, but, because of certain medical issues, I have not been able to move in yet. Currently, I’m renting a room that I share with three roommates. I have always wanted to move into the house I bought in Portland, but I’ve been living in a shared room for two years because of specific medical issues I’ve faced. Although it would be invasive and embarrassing, I would potentially be willing to share more information with the Rent Board about my medical history, but I am not willing to publicly broadcast my private medical information to the world. At this time, I’ve reached a point where I’m ready to leave my current housing situation and move into Unit 2. I need additional space for work and personal use, and Unit 2 is the largest unit in the building. The other units are too small for my needs or have tenants with leases living in them. Shelley does not have a lease and has been a tenant at will for over a year now. My current living situation no longer meets my personal and professional needs. I need a dedicated work from home area and I need storage space for work and personal use. Unit 2 is the ideal home for me. It offers the storage space, off street parking, and location to satisfy all my professional and personal needs. I want to live in my home, and that’s the only reason Shelley is being asked to leave. Shelley’s Complaint I am not aware of any complaints or cases brought by Shelley against me. In May of 2024, the City conducted an audit of all of the units in 193 York Street and decided that I had made a mistake in how I handled a past rent increase in Unit 2. To my knowledge, Shelley had nothing to do with the City notifying me of this violation. I was informed by the City that it was a standard periodic audit being performed without a specific complaint having been made. I exercised my right to appeal and complied with the City’s requirements in April 2025, over six months ago, when my appeal was denied. As far as I know, none of that had anything to do with Shelley, and I am not aware of any ongoing complaints from her relating to rent control or any other topic. In her complaint to this Board, Shelley refers to documents she is claiming I failed to supply. Shelley lived in Unit 2 when I bought the building, so I have never been required to supply her with any of the documents she is complaining about. Shelley had already received those documents from the former owner. Even so, I sent her a complete packet to ensure that she had everything she needed. In her complaint, she provides a link to the City’s website where the documents are available. Shelley has not only been given the documents by the prior owner and by me, but she has easy access to download them for herself. Her complaint about not receiving documents seems like a transparent attempt to manufacture a reason that she should be permitted to occupy my home without my consent. There is no rent control issue that Shelley asserts she has filed a complaint or appeal about. Her only allegation is that she refused to sign a form stating that she had received the informational documents that I would only be required to give her at the commencement of her tenancy based on the City’s ordinances. Her tenancy commenced before I owned the building. Not only have I provided those documents to Shelley before, the requirement to provide them is not part of the Rent Stabilization Ordinance, and I don’t understand how her refusal to sign a paper saying she received them has been brought before this Board. This is not a rent or rent control issue, and, because I don’t really need her to acknowledge receipt of those documents, it isn’t an issue at all. Page 226 Shelley says that communications from my mother Louann Grieco were combative, but it is clear from the conversation she quotes that they were not. My mother was patient and friendly and clarified that Shelley didn’t need to acknowledge that she had received the rental documents, even though she had received them from me in the past. She requested that Shelley acknowledge receipt of a check and a rent increase notice which Shelley is not appealing or complaining about and which were not connected to her receipt of the tenancy commencement documents that I didn’t need to give her. My intention to move into Unit 2 has always been consistent, it is important for me in order to move forward with my plans and the next stage of my life, and I am now prepared to move into and live in my own home. Shelley’s allegations don’t really make sense, and they have nothing to do with why I want to live in the unit she has been renting. I appreciate your consideration of my statement and look forward to answering any questions you have at the upcoming hearing on this complaint. Thank You, Matthew Grieco Mgrieco07@gmail.com 803-221-2100 Page 227 Gmail - Rent Control - 193 York Street - BLDG0107314 11/6/25, 6:01 PM Matthew Matthew <mgrieco07@gmail.com> Rent Control - 193 York Street - BLDG0107314 1 message Rent Control- City of Portland <rentcontrol@portlandmaine.gov> Tue, May 28, 2024 at 9:33 AM To: MGRIECO07@gmail.com, KJMMINC@gmail.com The City of Portland conducts audits of submitted information for registered rental properties to ensure compliance with Residential Rental Unit Requirements and Rent Control and Tenant Protections. The property located at 193 York Street is due for a review. Please submit the documentation requested in the attached letter for staff review within two (2) weeks of the date of this email. Failure to provide the City with the requested documents will be considered a refusal to allow an inspection, which is a violation of the City of Portland Code of Ordinances, and is subject to civil penalties, potential legal action, and other remedies. Please reference case number BLDG2407314. I appreciate your anticipated cooperation, and please contact our office by calling 207-874-8900 if you have any questions. -- Licensing and Registration 389 Congress Street Portland, Maine 04101 rentcontrol@portlandmaine.gov 207-874-8900 Notice: Under Maine law, documents - including e-mails - in the possession of public officials or city employees about government business may be classified as public records. There are very few exceptions. As a result, please be advised that what is written in an e-mail could be released to the public and/or the media if requested. 193 York RFI.pdf 269K https://mail.google.com/mail/u/1/?ik=cc39329511&view=pt&search=…Cmsg-f:1800303537787977723&simpl=msg-f:1800303537787977723&mb=1 Page 1 of 1 Page 228 City of Portland | Permitting and Inspections Zachary Lenhert, Licensing and Housing Safety Manager 05/28/2024 Case Number: BLDG2407314 Business License: LTR-0050803-2023 193 York Street LLC PO Box 361 Lynnfield, MA 01940 REQUEST FOR INFORMATION To Whom It May Concern, The City of Portland conducts audits of submitted information for registered rental properties to ensure compliance with Residential Rental Unit Requirements and Rent Control and Tenant Protections. The property located at 193 York Street is due for a review. Please submit the documentation requested below for staff review within two (2) weeks of the date of this correspondence. Failure to provide the City with the requested documents will be considered a refusal to allow an inspection, which is a violation of the City of Portland Code of Ordinances, and is subject to civil penalties, potential legal action, and other remedies. Please provide the following for each Covered unit: • A valid rental agreement, rent payment receipt, copy of cashed check, or bank statement that validates the rent charged for each unit for the period of June 2020 to Present. • Acknowledgement of receipt of the Rental Housing Rights document signed by the current tenants of each unit. • Copies of any Rent Increase Notices issued. Additional follow-up documentation may be requested if further investigation is required. Letters have also been sent to each unit requesting confirmation of registered rental amounts from the tenants. Be advised, you may be required to reimburse your tenant if it is determined that the rent being charged for a Covered Unit violates the Rent Control and Tenant Protections Ordinance. Please respond the City of Portland within two (2) weeks regarding this matter. The requested documents can be sent to rentcontrol@portlandmaine.gov, faxed to 207-874-8900, or sent via USPS to 389 Congress St, Licensing and Housing Safety Division, Portland, Maine 04101. If no response is received within two (2) weeks this matter may be referred to Corporation Counsel for legal action. Please reference case number BLSG2407314. I appreciate your anticipated cooperation, and please contact our office by calling 207-874-8900 if you have any questions. Thank you, Adam O’Connor Rental Registration Inspector 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov Page 229