Adopted
7 -
Yea:
Councilmember Brendmoen, Councilmember Tolbert, Councilmember
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember
Yang and Councilmember Balenger
0
Nay:
Authorizing Public Works to request $767,266 in SCORE grant funds from
Ramsey County to support the curbside recycling program and setting the
2023 City Recycling Service Fees. (Laid over from November 9, 2022.)
31
Councilmember Jalali moved approval.
Public hearing closed and laid over to December 7, 2022 for adoption
7 -
Yea:
Councilmember Brendmoen, Councilmember Tolbert, Councilmember
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember
Yang and Councilmember Balenger
0
Nay:
LEGISLATIVE HEARING DISCUSSION ITEMS
Appeal of Jack Cann, Housing Justice Center, Representing Tenant, Angela
36
Wilhight, to a Rent Stabilization Determination at 261 FIFTH STREET EAST,
UNIT #604.
An increase of up to 8% is allowed in total for both rent and utility payments combined.
Also in attendance:
Jack Cann, Housing Justice Center, representing tenant appellant Angela Wilhight
Malcolm Terry, Bernick Lifson P.A., representing the landlord
Marcia Moermond, Legislative Hearing Officer: This case involved a tenant informed of
a 2.9% increase in rent but the increase in rent was augmented by separate billing for
utilities, which had previously been covered under the regular rent payment. Combined,
the amount brought the increase to between 11% and 13%, depending on utility usage,
based on charges of another tenant in the building. We had three legislative hearings,
and during this time period an analysis of the applications for exception took place.
There were two applications. One was for an exemption to increase rent beyond 8% for
some units, and the other was for self-certification to increase rents by 8%. The
application for increasing rents beyond 8% listed specific units, and the unit before
you today was not on that list. According to staff analysis, those units qualified for a
9% increase, but this unit again is not among that group. Because of this, it is
assumed it in the self-certification application. Staff determination is that both rent and
utility payments are included in what the city refers to as housing services, and would
result in an increase beyond what is allowed under the rent cap. My recommendation is
to grant the appeal in part, to allow an increase up to 8% when rent and utilities are
taken together.
Cann: I agree with what Moermond said. This is a similar situation as happened
recently, where the decision of the hearing officer and the City Council only affects this
specific unit, when other units are also experiencing this increase. This needs to be
addressed for every overcharged unit in the building. The ordinance should not be
ignored.