►
Description
Live Teleconference of the Meeting of the City of Mountain View's Rental Housing Committee
A
Good
evening
welcome
to
the
August
21
2023
rental
housing
committee
meeting
for
those
joining
us
in
person.
If
you
would
like
to
speak,
we'll
ask
later
for
the
each
appropriate
item
that
you
fill
out
a
speaker
card
and
then
you'll
be
and
turn
it
in
to
Andrea,
and
then
it
will
be
you'll
be
called
up
in
order.
A
A
C
D
E
E
C
A
A
Okay,
our
next
item
is
oral
Communications.
We
now
open
the
meeting
for
oral
communication
from
the
public.
This
portion
of
the
meeting
is
reserved
for
person
persons
wishing
to
address
the
committee
on
any
matter
not
on
the
agenda.
Speakers
are
allowed
to
speak
for
any
topic
up
to
three
minutes
during
this
section.
State
law
prohibits
the
committee
from
acting
on
non-agenda
items.
Are
there
any
members
of
the
public
in
person
or
online?
Who
would
like
to
provide
comment
on
a
non-agenda
item.
A
A
A
A
A
A
If
there
is
more
than
one
petitioner
that
wishes
to
address
the
rhc,
the
petitioners
must
collectively
determine
how
to
allocate
the
10
minutes
amongst
themselves.
Upon
conclusion
of
both
presentations,
each
party
will
be
given
up
to
five
minutes
for
a
rebuttal
with
the
appellant
tenant
presenting
rebuttal.
First
upon
conclusion
of
the
party's
rebuttal,
the
rhc
members
will
be
given
a
chance
to
ask
questions
of
Staff
first
and
then
of
the
appellant
and
the
respondent.
A
A
Rhc
members
are
required
to
disclose
any
Communications
that
they
have
had
with
any
of
the
parties
to
the
petition
or
the
party's
representatives
and
the
substance
of
those
Communications.
Since
the
date
the
petition
was
filed,
the
decision
of
the
rhc
is
to
be
based
on
the
record
presented
to
the
hearing
officer.
A
A
A
G
Thank
you,
okay,
so
purpose
of
this
agenda
item
is
to
consider
the
tentative
appeal
decision
that
was
provided
by
staff
and
to
either
accept
the
tentative
appeal
decision
or
modify
the
tentative
appeal
decision
with
instructions
to
staff
citing
appropriate
evidence
in
the
record
to
support
those
changes
so
just
a
summary
we're
going
to
go
over
the
process,
the
decision
process
for
the
rental
housing
committee.
This
is
all
of
you
all
of
yours.
G
First
appeal
hearing
and
the
first
appeal
hearing
actually
for
the
mhrso
as
well,
so
we
figured
a
refresher
would
be
helpful
and
then
we
will
talk
a
little
bit
about
the
schedule
for
the
appeal
hearing
which
Edie
has
covered
and
then
finally
get
into
the
petition.
Appeal
summary
slide,
please
so
the
role
of
the
rental
housing
Committee
in
this
appeal
for
questions
of
law,
the
rental
housing
committee
must
exercise
its
independent
judgment.
G
So
these
are
going
to
be
questions
about
how
a
statute
should
be
interpreted,
how
it
should
be
applied,
and
this
is
called
de
novo
review.
It
means
that
you
don't
give
any
deference
to
how
the
hearing
officer
came
to
their
conclusion.
You
exercise
your
own
discretion
with
regard
to
questions
of
law
for
questions
of
fact,
the
role
of
the
rental
housing
committee
is
to
determine
whether
or
not
each
of
the
appealed
elements
of
the
hearing
officer's
decision
is
supported
by
substantial
evidence.
So
you
are
not
re-weighing
evidence
or
relitigating
the
issues.
G
The
appeal
is
based
on
the
records
submitted
to
the
hearing
officer,
there's
no
new
evidence
that
will
be
entered,
and
this
does
not
mean
that
you
have
to
come
to
the
same
conclusions.
As
the
hearing
officer.
You
can
find
that
their
conclusions
of
fact
were
not
supported
by
substantial
evidence,
so
this
is
a
little
bit
confusing
because
we
just
talked
about
a
de
Nova
review,
but
there's
also
something
called
a
de
novo
hearing,
which
means
that
you
would
be
conducting
a
new
formal
hearing.
G
It
would
essentially
be
you
having
a
new
trial
or
a
new
hearing
on
the
petition.
This
would
require
significant
time
to
prepare
for
the
rental
housing
committee
and
it
is
not
staff's
recommendation
that
you
do
a
de
novo
hearing
tonight.
The
issues
that
are
raised
on
appeal
relate
to
procedural
questions
and
questions
of
legal
application.
The
facts
are
largely
not
a
dispute
here,
so
it
does
not
make
sense
and
staff
does
not
recommend
doing
a
de
novo
hearing.
G
So
the
scope
of
the
decision,
the
petition
defines
the
scope
of
the
hearing
officer's
decision,
while
the
appeals
of
the
hearing
officer's
decision
limits
the
scope
of
the
rental
housing
committee's
review
on
appeal.
That
means
that
you
cannot
go
beyond
what
was
in
the
hearing
officer's
decision
in
this
appeal
hearing
slide.
G
G
So
that
folks
online,
so
the
petition
defines
the
scope
of
the
hearing
officer's
decision,
while
appeals
of
the
hearing
officer's
decision
limit
the
scope
of
the
rental
housing
committee's
review
on
appeal.
That
means
that
in
this
appeal,
you
cannot
go
beyond
anything
that
was
in
the
hearing
officer's
decision.
G
H
G
So
the
chair
went
through
this
in
depth,
so
I
won't
spend
too
much
time
on
it.
But
each
of
the
appellant
and
respondent
will
have
time
both
for
presentation
a
rebuttal.
And
then
you
will
have
time
for
questions
to
staff,
as
well
as
to
the
appellant
and
the
respondent
and
then
time
for
deliberations
and
to
make
a
decision
on
the
tentative
appeal
to
say.
G
G
The
first
is
that
the
landlord
failed
to
roll
back
the
rent
upon
the
effective
date
of
the
mobile
home,
rent,
stabilization
ordinance
and,
second,
that
the
landlord
unlawfully
increased
the
rent
by
opposing
the
annual
General
adjustment
on
the
wrong
base,
rent
and
the
wrong
base
rent,
meaning
that
concessions
should
have
been
included
in
the
landlord's
determination
of
what
the
base
rent
was.
But
we're
not.
G
G
G
So
the
petitioner
or
the
appellant
tenants
raised
four
issues
on
appeal.
First,
that
the
hearing
officer
aired
in
deciding
their
base
rent
was
3595
because
the
base
rent
for
tenancies
commencing
on
or
before
March
16
2021
is
the
amount
of
rent
actually
paid,
not
the
rent,
as
stated
in
their
lease
agreement
to
the
hearing
officer
improperly,
held
that
the
petitioners
or
talents
were
not
entitled
to
a
rent
roll
back,
because
the
rent
they
were
paying
on
the
effective
date
of
the
mhrso
exceeded
their
base.
Rent.
G
Three,
the
hearing
officer
aired
in
holding
that
the
rent
increase
imposed
in
December
2022
was
valid.
Sorry,
there's
some
words
missing
there
and
petitioner's
current
rent
is
3775
dollars
because
she
based
her
decision
on
the
incorrect
base
rent
and
that,
based
on
all
of
the
foregoing,
the
hearing
officer
erroneously
held
that
the
petitioners
were
not
entitled
to
a
rent
refund
for
all
amounts
overpaid.
Since
November
16,
2021.
G
So
as
to
the
first
issue,
that's
raised
on
the
in
the
appeal
with
regard
to
the
base
rent
for
tenancies
commencing
on
or
before
March
16
2021,
the
mhrso
and
the
regulations
adopted
by
the
committee
provide
that
the
base
rent
for
Tendencies
commencing
on
or
before
March
16
2021
is
the
rent.
In
effect
on
that
date,
the
regulations
that
were
adopted
with
relation
to
concessions
are
only
applicable
to
tenancies
that
commenced
after
March
16
2021
and
therefore
you
know
rules
of
statutory
interpretation.
G
G
So.
Based
on
that,
the
hearing
officer
also
correctly
determined
that
petitioners
were
not
entitled
to
a
rent
rollback
because
they
rent
the
rent
they
paid
on
the
effective
date
of
the
mhrso
did
not
exceed
their
base
rent.
At
that
time,
the
petitioners
were
paying
3295
dollars.
Their
base.
Rent
was
3595
dollars,
therefore,
they
would
not
have
been
entitled
to
any
sort
of
rollback
because
they
were
actually
paying
less
than
what
their
base
rent
was.
G
Second
arguments
is
that
forbearance
of
a
right
is
non-monetary
consideration
and
that
petitioners
agreed
to
forego
their
right
to
use
the
covid-19
laws
to
pay
only
25
percent
of
their
rent
and
expect
in
exchange
for
the
rental
concession
again.
The
concession
of
concessions
addendum
does
not
express
any
forbearance
of
a
right
by
petitioners.
Rather,
it
functions
as
a
liquidated
damages
Clause,
requiring
petitioners
to
honor
the
remainder
of
the
term
of
their
lease.
G
Perhaps,
most
importantly,
both
for
arguments
A
and
B,
if
you
intend
to
uphold
the
or
affirm
the
tentative
appeal
decision,
there's
no
need
to
consider
these
additional
arguments
because
there's
sufficient
arguments
in
the
tentative
appeal
decision
itself
to
uphold
to
affirm
in
and
then
see,
respondents
argument
C.
The
regulations
regarding
rental
concessions
do
not
apply
to
tenancies
commenced
honor
prior
to
March
16
2021
staff
doesn't
have
an
analysis
of
this.
We
reach
the
same
conclusion
in
the
tentative
decision
and
the
same
for
argument.
G
D
respondent
was
legally
entitled
to
increase
petitioners
rent
by
five
percent
in
December
2022
and
that
their
current
rent
is
3774.75.
The
tentative
appeal
decision,
which
is
the
same
conclusion
there
are
a
number
of
argument.
Other
arguments
as
I
mentioned,
that
the
respondent
makes.
However,
those
are
outside
the
scope
of
this
current
appeal.
H
G
So
fiscal
impact
adoption
of
the
tentative
appeal
decision
could
potentially
lead
to
litigation
which
would
have
fiscal
impacts,
notably
one
purpose
of
appealing.
A
hearing
decision
to
the
rental
housing
committee,
as
opposed
to
directly
appealing
to
the
courts,
is
to
ensure
that
hearing
decisions
are
legally
defensible
and
so
the
appeal
process
to
the
rental
housing
committee
reduces
the
overall
risk
of
legal
liability
and
legal
expenses
for
the
committee.
G
H
J
J
In
effect,
I
went
through
some
of
the
previous
meetings
you
had
and
the
recordings
in
order
to
to
find
a
reasonable
interpretation
there
and
I
saw
in
multiple
instances
where
there
was
a
question
from
the
previous
chair
of
the
housing
committee.
Specifically
a
chair,
Haynes
Livesey
I
think
I'm
pronouncing
her
name
correctly,
where
she
asked.
J
In
effect,
the
answer
from
the
the
lawyer
at
the
time
wasn't
to
the
rental
housing
committee
and
the
Assumption
from
their
hands.
The
rental
housing
committee
did
not
say
that
the
they
came
to
the
conclusion
that
the
zero
dollar
is
is
the
rent,
because
they
were
assuming
that
it
is
their
rent
paid,
and
this
creates
a
corner
case
for
a
zero
dollar
event.
So
that's
one
one
way
that
they
they
interpreted
it,
which
was
the
rent
paid,
was
zero
dollars.
This
creates
a
corner
case.
J
We
need
we
need
regulation
in
order
to
to
address
that.
In
my
case.
Luckily,
it's
much
easier
than
that
I'm
not!
This
is
not
a
corner
case.
I
did
pay
the
same
rent
for
a
period
of
11
11
out
of
the
12
months,
so
I.
My
interpretation
of
the
rent
in
effect,
is
the
the
rent
I
actually
paid.
If
we
consider
the
rent,
in
effect
to
be
the
rent,
the
pre-concession
rent.
J
Thirdly,
in
the
hearing
officer
own
interpretation
of
their
decision
when
they
were,
they
wrote
a
phrase
where
they
said
the
effective
rent
on
October,
28,
2021
and
the
way
they
interpreted
the
effective
rent
was
the
rent
paid
on
that
date.
So
again,
this
is
another
interpretation
of
the
effective
rent
being
government
paid
that
has
just
been
glossed
over
and
thirdly,
in
the
mhr
image,
RSO
documentation
and
the
appeal
forms
provided
there
is.
J
There
is
a
section
that
or
check
boxes
that
when
finding
the
form
were
required
to
to
select
in
order
to
explain
what
type
of
what
type
of
appeal
or
what
type
of
petition
we're
filing
and
in
the
forms
itself,
it
does
say
that,
as
of
March
2021,
the
space
is
subject
to
rent
rollback
must
equal
the
rent
charge
on
March
16
of
2021.
So
again,
this
is
another
interpretation
of
rent
in
effect
being
Grant
charged.
J
So
my
point
is
that
the
the
rental
housing
committee,
the
forms
provided
online
previous
interactions,
even
the
hearing
officer
themselves,
given
certain
points
in
time,
clearly
interpreted
the
interpreted
the
rent,
in
effect
to
be
the
rent
charge.
So
I
believe
my
interpretation
of
the
rent
charge
is
the
reasonable
one
and
the
most
logical
one
since
it's
actually
the
rent
paid,
the
other
number,
the
pre-concession
rent
was
never
paid
and
considering
it
they're
in
charge,
considering
the
the
considering
to
be
the
actual
pre-concession
rent
to
be
the
rent.
J
A
B
K
K
So
as
the
staff
report
correctly
notes
under
the
rules
of
statutory
construction,
you
cannot
infer
part
two
of
the
guidelines
in
the
part
one
of
the
guidelines.
There
is
no
concession
guideline
for
tenancies
commencing
before
March
16th
of
2021.,
but,
although
the
park
owner,
you
know,
agrees
with
that
part
of
the
decision,
the
park
owners
strenuously
disagrees
with
the
staff's
claim
that
the
definition
of
rent
in
the
rent,
Control
Ordinance,
does
not
apply
to
this
case.
K
The
definition
of
rent
supersedes
the
guidelines,
the
the
rent
committee-
cannot
do
something,
contrary
to
the
ordinance
and
the
ordinance
specifically
says
that
rent
includes
non-monetary
and
monetary
consideration.
So
wherever
you
see
the
word
rent,
it
means
both
monetary
and
non-monetary
consideration
so,
for
example,
something
that's
very
common
in
the
mobile
home
park.
Industry
and
I'm,
assuming
in
the
apartment
industry
as
well.
K
I've,
been
doing
mobile
home
parking
law
for
38
years
mobile
home,
rent
control
for
38
years,
and
you
see
this
all
the
time
that
Park
owners
will
have
tenants
do
chores
around
the
park,
especially
tenants
in
need,
who
really
can't
make
their
rent
and
so
the
park
owner
might
say.
Well,
if
you
close
down
the
clubhouse
every
month,
your
rents,
three
thousand
dollars,
will
give
you
a
thousand
dollar
per
month.
Rent
credit.
K
So
you
only
pay
cash
money
of
2
000
and
you
supply
other
consideration
like
closing
down
the
clubhouse
or
closing
down
the
swimming
pool
at
night
worth
a
thousand
so
you're
still
the
park
owner's
getting
three
thousand
dollars
worth
of
value,
even
though
the
park
owner
is
only
getting
two
thousand
dollars
worth
of
cash
and
that's
exactly
what
happened.
In
this
case,
the
park
owner
saw
during
the
middle
of
the
covid-19
pandemic
that
lots
of
tenants
didn't
have
money.
Lots
of
tenants
were
moving.
K
The
amenities
at
the
park
were
shut
down,
so
the
tenants
weren't
getting
their
money's
worth
so
to
speak,
but
the
state
had
enacted
the
law
saying
that
Park
owners
could
not
be
punished
or
suffer
a
rent
reduction
because
amenities
were
shut
down
but,
as
the
evidence
showed,
the
amenities
were
shut
down
at
this
park
in
all
the
parks.
Basically,
in
California
the
swimming
pool
is
shut
down,
the
clubhouse
was
shut
down,
the
gymnasium
was
shut
down.
Basically,
everything
was
shut
down,
even
the
office
was
shut
down.
K
Whatever
was
in
the
rental
agreement,
that's
what
the
parties
agreed
that,
if,
if
you
were
a
good
tenant
and
didn't
reach
your
agreement,
you
would
only
have
to
pay
part
of
your
total
rent
in
monetary
consideration
and
the
rest
would
be
the
non-monetary
consideration
and
at
that
point
in
time
or
before
these
rental
agreements
were
even
entered
into.
The
state
of
California
had
passed
a
couple
of
laws
really
benefiting
tenants
and
one
of
the
most
important
ones
is.
K
K
So
you
had
thousands
of
tenants
who
took
advantage
of
that
and
were
paying
only
25
percent
of
the
rent
and,
as
the
record
shows
that
the
parks
that
my
client
manages
there
were
tens
of
thousands
of
dollars
of
unpaid
rent
and
so
the
park
owner
said.
If
I
do
this
concession
agreement,
I
will
at
least
get
75
percent
of
the
rent
in
money
and
the
rest
in
consideration
non-monetary
consideration.
K
K
What
we
found
out
at
the
hearing
was
that
the
tenants
were
actually
engaged
in
commercial
Enterprises
from
their
from
their
their
mobile
home.
They
were
in
BIO.
They
were
actually
did
breach
the
rental
agreement.
So
technically,
my
client
has
the
right
to
demand
the
full
amount
in
monetary
consideration
even
to
this
day
and
will
for
four
years
until
the
statute
of
limitations
expires.
But,
as
I
said
in
my
brief,
my
client
really
doesn't
want
to
get
involved
in
litigation
with
the
tenants
he
wants
to
put
covet
behind
him
and
whatever
happened.
Just.
K
Let
it
go,
but
if
the
tenants
keep
suing
over
this,
then
my
client's
going
to
have
to
enforce
his
rights
and
I'd
also
just
point
out
that
you
know
the
staff.
Its
report
said
that
if
you
overturn
the
hearing
officer,
I
think
they
said
well,
I
think
they
said.
If
you
affirmed
the
hearing
officer,
there
could
be
litigation.
Well,
if
you
overturn
the
hearing
officer,
there
could
be
litigation
too.
K
So
it
makes
no
sense
for
them
to
say
that,
because
each
side
has
the
right
to
appeal
an
adverse
decision
to
the
courts,
and
my
client
obviously
has
other
arguments
that
it's
made
constitutional
arguments
that
the
staff
is
also
ignored
and
I.
Believe
the
committee
has
an
obligation
to
apply
the
ordinance
in
in
a
way
that's
consistent
with
the
Constitution.
K
The
last
point
I'd
like
to
make
is
just
about
the
whole
idea
of
concessions
in
general
and
what
I
I
think
the
rent
Review
Committee
needs
to
reassess.
What's
happened
because
covet
is
over
and
these
kinds
of
concessions
will
probably
never
be
offered
again
unless
there's
another
pandemic.
But
one
thing
that
Park
owners
do
do
all
across
the
state.
Is
they
give
rent
credits
to
their
poorest,
tenants
and
they'll,
and
especially
in
rent
control
jurisdictions?
K
The
agreement,
the
agreement
will
be
you
do
not
if
you're
poor
and
you
qualify
with
a
certain
income,
you
don't
have
to
pay
the
full
rent
or
you
don't
have
to
pay
the
rent
increases
every
year
that
are
allowed
under
the
rent.
Control
Ordinance
just
pay
the
beginning
rent
when
you,
you
know,
begin
that
tenancy,
but
the
base
rent
will
continue
to
go
up
so
that,
if
you
ever
move
out
the
base
rent
will
be
at
the
higher
amount
with
all
those
rent
increases.
K
Well
under
your
program,
you
can't
do
that,
because
if
we
allow
these
poor
tenants
to
pay
less
to
give
them
a
break
to
help
them
out,
then
anybody
can
come
in
later
and
say:
that's
the
new
base
rent
you
took
less
so,
therefore,
it's
going
to
be
permanently
less,
but
that's
not
what
park
owners
want
to
do.
Park
owners,
literally
and
legitimately,
want
to
help
their
poorest
tenants,
and
we
even
had
a
program
like
this
at
this
particular
Park
and
they
repealed
it.
K
When
the
rent
control
came
in
and
park
owners
all
around,
the
state
are
looking
at
this
case
and
what
has
happened
in
Mountain
View,
with
this
concession
law
that
you've
passed
and
they're,
basically
saying
we're
not
going
to
give
these
rent
credits
out
and
we're
not
going
to
help
these
poor
people
anymore,
because
we
don't
want
to
get
caught
in
that
trap,
and
you
really
need
to
reconsider
that.
In
my
opinion.
Thank
you.
A
J
J
J
Compensations
and
all
that
effectively,
what
these
concessions
are
doing
is
just
circumventing
what
the
real
Market
rent
is
for
for
the
unit
during
during
the
pandemic,
because
nobody
would
rent
it
at
the
rent
that
was
advertised
and
the
concessions
were
offered
to
reduce
that
amount,
and
that's
that's
an
obvious
and
clear
tactic
that
that
is
being
used
here
and
I
hope
that
the
housing
committee
can
can
see
through
this
and
the
this.
This
tactic
actually
results
in
having
a
hockey
stick
effect
on
your
rent.
J
Once
the
concession
are
pulled
out
in
in
this
particular
case,
it
was
an
increase
of
rent
on
my
monthly
rent
of
over
or
around
1100
per
month
between
the
time
when
the
concessions
were
were
in
effect
to
the
time
where
the
concessions
were
were
removed
and
considering
the
increases
on
top
of
that
led
to
an
increase
of
over
eleven
hundred
dollars
per
month
for
a
period
of
between
one
year
and
another
or
over
the
span
of
13
months.
If
I'm
not
mistaken,.
A
K
So
the
rental
agreement
and
the
rules
and
regulations
of
the
park
both
say
no
commercial
or
business
activity
of
any
kind
is
allowed
in
the
part,
and
that
includes
whether
you
work
for
somebody
else
or
work
for
yourself.
It's
not
limited
to
businesses
that
you
own,
it's
no
business
activity
and
it's
very
important
to
park
owners
to
do
that.
For
a
lot
of
reasons.
One
of
the
reasons
is
insurance
that,
in
some
insurance
companies
won't
insure
Park
owners
if
businesses
are
being
operated.
K
K
But
probably
most
important
of
all
is
that
if
they
invite
other
people
to
come
and
work
with
them
or
customers
or
clients,
or
anything
like
that,
the
Americans
disa
with
Disabilities
Act
kicks
in
and
then
the
each
mobile
home
would
have
to
become
compliant
with
the
Ada,
which
would
mean
that
you
would
have
to
get
wheelchair
ramps
accessible
bathrooms
and
doorways
wide
enough
for
wheelchairs
to
go
in
parking
in
front
of
the
mobile
home.
That
was
handicap
accessible.
K
The
federal
fair
housing
act
applies
to
residential
communities
and
under
the
federal,
fair
housing
act,
Arc
owners
or
landlords
in
general,
don't
have
have
to
make
any
physical
changes
to
the
tenants
unit.
The
tenant
can
make
changes
if
they
want
to
at
their
expense.
So
if
the
tenant
wants
to
put
in
a
wheelchair
ramp,
they
can
or
a
grab
bar
on
the
shower
they
can,
but
the
park
owners
not
required
to
do
that
and
that's
federal
law
across
the
United
States.
K
The
other
thing
that
is
absolutely
critical
is
that
he
says
it
was
some
kind
of
effort
to
circumvent
rent
control,
but
he
entered
into
this
agreement.
10
months
before,
rent
control
was
adopted,
there
was
no
rent
control
and
he
voluntarily
agreed
to
go
from
a
smaller,
less
desirable
unit
to
a
much
larger,
more
desirable
unit
with
higher
rent,
and
there
were
no
concessions.
K
There
was
no
nothing
that
he
was
going
to
get
from
a
rent
control
earnings
because
it
didn't
exist
at
the
time
and
obviously
the
park
owner
didn't
know
there
would
be
rent
control.
The
tenant
didn't
know
there
would
be
rent
control,
they
didn't
know
there
would
be
a
guideline
that
came
even
later
after
that
dealing
with
concessions.
None
of
that
was
known
at
the
time,
so
it's
impossible
for
him
to
argue
that
this
was
some
attempt
to
circumvent
rent
control.
Simply
not
the
case.
K
He
had
the
opportunity
to
sign
that
agreement
or
not
sign
that
agreement
stay
in
his
old
house
or
moved
to
the
new
house.
He
could
have
moved
out
of
the
park.
He
could
have
done
all
sorts
of
things,
but
to
say
that
the
only
issue
is
what
was
the
market
rent
for
these
homes
during
that
during
covet?
It's
just
wrong
because
lots
of
people
were
paying
rent
and
did
have
a
concession
agreement.
Hundreds
of
them
were
doing
that,
so
it
was
only
a
small
percentage
of
the
people
that
got
these
concession
agreements.
K
People
were
willing
to
pay,
but
some
people
were
upset
because
the
amenities
had
been
shut
down.
They
just
had
been
shut
down,
other
people
had
just
been
laid
off
and
they
and
they
just
didn't,
have
the
money.
So
there
was
all
kinds
of
reasons
why
the
park
owner
was
willing
to
enter
into
these
concession
agreements
and,
of
course,
as
I
said
earlier,
the
25
rule,
where
the
tenants
could
literally
just
say
I'm
impacted
by
covid
I'm
only
going
to
pay
25
percent.
K
You
can't
evict
me
and
that
could
go
on
for
two
or
three
years
and
as
we
saw
in
in
in
the
evidence,
if
you
read
the
evidence,
I
don't
know
if
you,
if
you've
looked
at
the
entire
record,
but
we
had
some
tenants
at
these
parks
that
literally
didn't
pay
over
fifty
thousand
dollars
worth
of
rent.
The
total
was
hundreds
of
thousands
of
dollars
of
unpaid
rent
and
that's
what
the
partner
was
trying
to
get
at
least
some
of
the
rent
through
these
agreements
in
cash.
Thank
you.
E
D
G
H
L
So,
interestingly
enough,
the
appellant
had
mentioned
that
they
had
paid
rent
on
the
that
was
stated
in
the
lease
agreement.
Once
with
the
arguments
that
were
raised
about
the
concessions
and
the
rent
action,
the
rent,
in
effect
actually
being
the
rent
that
he
actually
paid
in
your
opinion,
would
that
override
the
rent
that
was
listed
in
the
lease
agreement.
G
It
is
not
in
the
language
for
tenancies
commencing
before
or
on
March
16th
and
whoever
the
drafters
were
could
have
very
easily
mirrored
that
language
if
they
intended
it
to
be
the
the
rent
that
was
actually
paid
by
the
tenant,
but
they
did
not,
and
so
therefore,
from
that
we
can
infer
that
there
was
a
different
intent.
That
was
probably
the
the
rent
that
was
in
the
lease
in
part,
because
it's
not
clear
that
the
rental
housing
committee
has
the
ability
to
regulate
rental
concessions
before
the
mhrso
went
into
effect.
A
I'd
like
to
ask
another
question
in
the
I
want
to
make
sure
I'm
understanding,
something
and
I.
Don't
think.
We've
covered
this
in
tonight's
meeting,
yet
but
I'm
remembering
it
from
perhaps
the
tentative
decision
or
the
staff
report
and
our
job
in
bringing
logic
to
this
appeal
and
making
a
decision
is
not
how
we
would
have
ruled
if
we
were
the
hearing
officer.
But
did
the
hearing
officer
make
a
reasonable
decision?
Is
that
correct?
A
G
M
E
Yes,
I
had
sent
in
a
question
asking
if
there
had
been
a
previous
appeal,
where
this
discussion
of
what
the
rent,
in
effect
meant
with
regards
to
the
mobile
home,
rent,
stabilization,
ordinance
and
I,
was
told
that
this
is
the
first
one.
So
there
isn't
any,
but
what
I'm
wondering
now
is
has
there?
Is
there
a
mirroring
statement
of
that
would
be
in
the
csfra
and
were
there
any
hearing
appeals
for
that
and
any
conclusion
you're
on.
C
G
A
L
You
chair,
Keating,
I
I,
hesitate
to
adopt
the
appellons
argument
that
they
are
trying
to
make.
My
concern
is
that
the
appellant
is
trying
to
get
us
to
ignore
the
original
lease
agreement
that
they
had
formed
and
already
had
made
a
payment
towards
thus
acknowledging
its
validity
and
in
adopting
the
appellants
argument,
we
would
effectively
be
canceling
out
the
lease
agreement
that
was
made
as
well
and
I
do
not
feel
comfortable
doing
that.
E
E
You
know
work
done
in
lieu
of
rent
and
all
this
kind
of
thing
like
that,
because
they
clearly
know
that
that
they're
they're
doing
this,
because
there
are
different
ways
they
expect
this
to
be
treated
and
also
that
it
has
different
consequences
with
respect
to
the
rent
control
legislation.
So
my
inclination
is
to
support
the
staff
recommendation.
L
Thank
you
and
just
to
add
on
to
Committee
Member
Cox's
argument.
Covid-19
have
presented
extraordinary
circumstances
in
which
a
lot
of
entities
were
forced
to
make
temporary
modifications
to
how
they
do
things.
These
temporary
modifications
are
not
meant
to
be
permanent,
nor
they
interpret
it
to
be
permanent.
They
do
not
replace
the
original
obligations
that
we
make
and
now
that
we
are
starting
to
exit
the
covid-19
pandemic,
we
must
keep
in
mind
that
the
original
agreements
that
are
made
must
still
be
honored.
D
A
B
N
B
H
O
O
A
G
G
G
G
On
the
same
day,
staff
responded
with
the
submittal
information
on
July
17th,
the
respondent
once
again
emailed
staff
to
for
clarification
on
how
to
file
the
appeal
request.
The
next
day
staff
responded
with
the
information
referencing
the
June
12th
correspondence
and
then
finally,
on
July
25th
2023.
The
landlord
submitted
a
request
for
appeal
to
the
rental
housing
committee.
So
that's
almost
six
months
after
the
hearing
decision
was
issued
or
five
months.
Sorry
I
can't.
G
So
both
the
federal
and
state
constitutions
require
the
government
to
afford
people
due
process
before
depriving
them
of
life,
liberty
or
property.
The
fundamentals
of
due
process
which
extend
to
administrative
adjudications,
which
rhc
appeals
are,
are
adequate
notice
and
an
opportunity
to
be
heard
before
fair
and
impartial
hearing
body,
administrative,
adjudications
or
quasi-judicial
proceedings
which
again
the
appeals
before
the
rental
housing
committee,
are
involve
the
application
of
a
rule
or
a
standard
to
the
specific
facts
of
an
individual
case
to
determine
specific
rights
or
take
specific
actions
under
existing
law.
G
And
so,
as
I
mentioned
hearings
on
petitions
as
well
as
subsequent
appeals
of
the
hearing
officers,
decisions
are
quasi-judicial
procedure.
Proceedings
requiring
a
guarantee
of
due
process,
which
means,
at
the
very
least,
adequate
notice
and
an
opportunity
to
be
heard
before
a
fair
and
impartial
hearing
body.
G
G
The
rental
housing
committee
has
the
authority
to
accept
late
appeals
upon
finding
that
the
untimely
appeal
request
is
supported
by
good
cause
and
postponement
serves
the
interests
of
Justice.
The
rental
housing
committee
is
required
to
decide
whether
or
not
to
accept
an
untimely
appeal
at
a
regularly
scheduled
meeting.
The
parties
may
make
an
oral
argument
not
to
exceed
five
minutes
per
party
and
they
may
present
any
documentary
evidence
supporting
their
position
slide.
H
G
Is
whether
the
respondent
received
adequate
notice
of
the
hearing
officer's
decision
and
the
consequences
of
the
failure
to
appear
appeal
in
a
timely
manner,
whether
the
respondent
took
ordinary
care
in
Prudence
to
file
the
appeal
in
a
timely
manner?
Whether
conditions
outside
of
the
respondents
control
prevented
the
respondent
from
timely
filing
the
appeal,
whether
the
delay
in
filing
the
appeal
has
unfairly
prejudiced
or
unduly
burdened
the
petitioner
and
whether
granting
or
denying
the
late
filing
would
deprive
either
party
of
their
due
process
rights?
G
So
staff
recommends
denying
the
respondent
landlord's
untimely
request
for
an
appeal
due
to
lack
of
good
cause.
Considering
the
following
factors.
The
landlord
has
not
indicated
that
she
failed
to
receive
adequate
notice
of
the
hearing
decision
or
of
the
consequences
of
the
failure
to
timely
appeal.
The
landlord
spoke
with
program
staff
on
a
number
of
occasions
between
the
date
on
which
the
hearing
decision
was
issued
and
the
date
of
her
untimely
request
for
an
appeal,
but
failed
to
take
ordinary
care
and
Prudence
to
file
the
request
within
the
10-day
deadline
or
within
a
reasonable
time.
G
Thereafter.
The
landlord
has
not
provided
any
evidence
that
conditions
outside
of
her
control
prevented
her
from
timely
filing
a
request
for
appeal
and
finally,
granting
the
respondent
landlord's.
Nearly
six-month
late
request
for
an
appeal
would
not
serve
the
interests
of
justice
and
would
unfairly
Prejudice
the
tenant,
who
has
understood
the
hearing
decision
to
be
final
for
over
half
a
year
and
has
been
awaiting
landlord's
compliance
with
the
hearing
decision
for
nearly
six
months.
G
So
staff's
recommendation
is
to
receive
information
and
evidence
from
petitioner
and
respondent
about
the
untimely
appeal
request
by
respondent
landlord
of
hearing
officers,
decision
decision
issued
on
February
22nd
2023
in
petition
212-20016
and
to
deny
the
untimely
repeal
request
due
to
lack
of
good
cause.
Thanks.
A
P
I'm
responsible
for
keeping
the
rental
in
a
good
condition,
repairs
or
birthday
over
the
years,
I
have
successful
successfully
made
these
requirements.
For
my
tenants
and
number
two
and
three,
unfortunately,
is
it-
has
been
difficult
over
the
years
to
maintain
the
same
position,
positive
relationship
with
the
petitioner
in
unit
one,
the
petitioner
has
request,
repairs
need,
but
but
has
not
been
cooperated,
cooperate
or
allowed
a
lot
of
time
Timeless
by
the
contract
to
re
repair
to
to
perform
a
repair.
P
When,
when
the
city
of
Mountain
View
role
in
favor
of
the
petitioner
I
did
not
understand
the
appeal
process,
I
assume
that
that
once
the
government
decided,
we
must
accept
it
and
follow
the
orders.
They
therefore
I
commit
commit
to
repairing
and
I
desperate.
The
petition
lack
to
cooperate
cooperation
when
I
learned
from
the
serious
stuff
about
the
10
days,
appeal
period
and
Timeless
opportunity.
P
Was
still
under
the
impression
that
I
was
under
the
impression
that
I
this
the
decision
was
already
made
without
options,
even
eventually
I
was
encouraged
by
a
friend
to
appear.
The
decision
of
the
healing
Examiner
for
the
following
for
the
following.
The
petitioner
has
not
paid
for
rent-
it's
not
it's
not,
since
the
pandemic
is
before
the
pandemic
and
in
June
20,
since
June
22
I
haven't
get
any
rain.
I
have
made
I
have
my
repairs,
but
the
petitioner
continued
to
stay
there.
There
are
more
that
they
they
need.
More
repairs.
P
I
have
no
reason
to
be
to
believe
that
the
petition
will
be
resumed
to
pay
rent
in
September.
23
is
when
she
is
supposed
to
pay,
but
I,
don't
think
so,
because
she
always
like
finds
a
little
hold
in
the
apartment.
You
know
and
call
the
fire
department
to
so
they
they,
you
know,
hear
it
I,
don't
think
they
pay
during
the
hearing
decision
for
a
call.
P
Yes,
you
know
when
I
have
a
heater
for
for
three
units
and
and
then
the
same
here
is
served
the
three
units
and
nobody
complains
to
they.
They
I
said
that
I
wanted
to
I
wanted
to
give
eviction,
because
you
don't
know
I,
don't
get
rain.
I
finish
my
my
my
savings
I
finish
everything
I
don't
get
any
money
so
I
file
for
eviction.
Then
they
went
to
complain
for
the
Mountain
View
City
to
lower
the
room.
P
They
they
don't
pay
25
000,
so
I
have
to
not
work.
I've
been
working,
two
jobs
but
I
keep
working
to
you
and
the
worst
thing
is
that
she
was
my.
She
was
people
that
I
know
and
and
then
they
they
they
the
person
who
fixed
things.
You
know
like
they,
the
the
person
who
fixed
this
stuff,
the
you
know
the
person
they
fix
it
and
then,
like
three
months
after
the
same
hole,
is
open.
P
They
they
changed,
the
the
you
know
they
think
do
you
know
the
stuff
thing
three
times
three
times
so
they
I
don't
know.
If
this
they
don't
do
a
good
job,
but
there
are
Apartments,
they
fix
it
once
and
they
last
long
time
and
and
this
one
no
no
always
always
issues,
and
they
have
all
for
all
pictures
they
show
to
to
rental.
To
the.
If
you
don't
understand
me,
then
chicken,
because
I
just
wrote
it.
A
Q
Q
O
Q
Q
Q
O
Q
O
I
contacted
her
to
let
her
know.
I
had
had
an
inspection,
and
during
that
inspection,
I
was
informed
that
the
water
that
was
in
the
apartment
was
very,
it
had
a
very
false
smell,
and
not
only
did
it
have
a
very
bad
smell,
it
also
could
potentially
make
us
ill.
I
contacted
my
landlord
and
she
was
very
upset
because
I
had
caught
the
city
on
her.
Q
O
Er
was
very
upset
when
I
called
the
city
on
her.
She
then
had
someone
come
in
and
try
to
make
repairs
in
the
kitchen.
When
this
happened,
we
lost
the
use
of
half
of
our
kitchen.
We
were
going
to
bed
while
there
was
a
very
false
smell
in
the
in
the
house.
My
daughter
was
pregnant
at
this
time
and
we
were
unable
to
cook.
We
were.
We
had
to
go
out
and
eat
out.
Q
R
O
O
Q
O
She
did
inform
us,
we
were
having
a
new
Property.
Management
I
was
blown
away
by
the
fact
that
she
never
said.
Thank
you
for
the
time
that
I
did
help
her.
Also,
during
the
time
of
covet,
my
husband
lost
his
employment.
He
works
in
the
restaurant
business
and
restaurant
industry,
I'm,
sorry
and
I.
What
I
did
is
I
began
selling
food
to
try
to
make
the
25
that
was
requested.
Yes,.
Q
Q
O
I
also
like
to
address
that
we
still
have
rats.
We
live
near
the
train
tracks.
However,
our
apartments
are
filled
with
rats,
also
I
like
to
say
that,
during
the
time
of
the
petition,
we
provided
all
of
the
documentation
in
pictures
evidence
to
the
city
and
I
think
this
is
what
has
made
her
upset
at
us.
O
Q
Q
O
All
I
want
is
peace,
I
have
been
very
chronically
ill
with
diabetes,
cancer
and
I
feel
overly
stressed
to
know
that
my
Lander
goes
behind
my
back
and
talks
about
me
to
my
to
my
neighbors
I
also
do
help
with
the
maintenance
of
the
apartment
I
go
in,
and
I
cut.
All
the
weeds
out
and
I
was
even
stung
by
a
spider.
I
had
to
go
to
the
doctor
because
of
this
and
all
I
want
all
I
want
is
peace.
A
D
G
H
F
G
E
I
Good
evening
committee
members
we've
spoken
with
this
appellant
respondent
multiple
times
throughout
the
process,
including
during
the
appeal
window.
Additionally,
we
had
sent
the
communications
in
both
Spanish
and
English
and
reached
out
to
the
appellant
respondent
multiple
times
as
well.
To
follow
up
and,
as
you
saw
in
the
schedule,
responded
with
to
her
as
quickly
as
possible,
with
any
kind
of
additional
follow-up
required.
E
B
L
I
I
L
Thank
you,
chair,
Keating
I
would
like
to
make
a
quick
comment
on
some
of
the
things
that
were
brought
up
this
evening,
even
though
it's
not
pertinent
to
what
we
are
ultimately
rolling
on
I.
Do
want
to
reiterate
that
tenants
have
a
responsibility
to
pay
rent
at
all
times,
but
the
landlord
also
has
a
responsibility
to
provide
reasonably
livable
conditions
for
tenants.
L
L
The
fact
that
a
landlord
does
not
exercise
their
right
does
not
mean
that
they
have
open
ability
to
do
it
when
they
want
to,
and
even
though
there
is
language
that
indicates
that
there
is
a
reasonable
time
to
bring
an
appeal.
A
reasonable
time
must
be
accompanied
with
good
cause,
which
she
did
not
show
in
this
case.
So
for
that
I
would
rule
against
her.
A
C
G
I
I
E
A
S
Good
evening
committee,
it's
great
to
be
here
tonight:
I'm
Wayne,
Chen
I'm,
the
housing
director
for
the
newly
formed
department,
and
the
purpose
of
this
presentation
is
to
provide
the
committee
information
about
the
department,
housing
department
staff,
implements
the
rent,
stabilization
programs
and
serves
the
rental
housing
committee.
So
we
will
be
working
together
a
lot
and
this
information
is
meant
to
provide
a
high
level
context
of
the
department
itself.
S
S
Just
to
give
you
a
sense
of
the
organizational
structure
of
the
department.
The
department
is
supported
by
two
analysts
each
at
a
quarter
time
and
we're
sharing
these
analysts
with
Community
Development,
but
the
primary
divisions
are
the
rent
stabilization
division,
which
have
a
7fte
and
the
affordable
housing
division
which
have
six
FTE
So.
Currently,
in
total,
we
have
14
and
a
half
positions
basically
for
supporting
the
department.
S
This
gives
a
a
brief
summary
of
The
Key
Programs
you'll
be
very
familiar
with
the
rent,
civilization
division,
work,
which
is
implementing
both
the
csfra
and
the
mobile
home,
run,
civilization,
ordinance
of
course,
the
tenant,
relocation,
assistance
program,
media,
MV,
mediation
program
and
housing
eviction
help
center
in
other
pieces
as
well,
and
then
under
the
affordable
housing
division.
There
continues
to
be
the
lending
program
primarily
for
non-profit
developers
to
construct
100,
affordable
projects.
We
have
our
BMR,
affordable
housing
project
program.
S
S
We
also
do
implement
the
council
neighborhood
committee
program,
which
includes
a
neighborhood
grant
program
that
funds
a
neighborhood
activities,
block
parties
and
things
of
that
nature,
and
then
we're
increasingly
doing
policy
and
program
development
and
I'll
talk
about
that
in
just
a
second,
a
little
bit
further
next
slide
again
at
a
very
high
level
just
across
the
department.
These
are
four
very
high
level.
Focus
areas,
one
is
to
build
a
strong
foundation
for
the
new
Department.
Taking
a
look
at
maybe
some
more
mundane
things,
but
very
important
in
terms
of
processes
and
procedures.
S
Looking
to
lift
up
an
asset
management
program,
our
affordable
housing
inventory
is
expected
to
continue
to
increase
significantly.
So
we
want
to
be
able
to
have
those
types
of
systems
in
place
because
customer
service
oriented
implementation
of
the
housing
programs,
that's
in
many
ways,
related
to
the
third
bullet,
reducing
barriers
and
increasing
access
to
housing
resources.
S
A
strong
Focus
that
we
have
is
to
make
sure
that
the
programs
that
we
offer
that
the
City
offers
is
understandable
to
the
community
is
accessible
to
the
community
and
really
connects
to
the
Multicultural
community,
and
this
includes
certainly
things
like
more
translation
and
interpretation
Services.
Looking
at
how
we
do
community
outreach
and
how
to
facilitate
participation
in
the
development
of
policies
and
programs,
as
well
as
to
access
the
services
that
the
city
provides.
S
So,
just
briefly,
why
a
housing
department
well,
first,
the
it
really
strongly
aligns
with
Council
priorities.
There
are
seven
strategic
priorities.
Two
of
them
are
directly
related
to
housing,
one
of
them
being
having
an
equitable
inclusive
community.
The
second
is
to
increase
the
diversity,
the
supply
and
the
affordability
of
Housing
and,
as
a
result,
there's
a
very
robust
housing
agenda
that
the
city
implements
of
the
existing
programs.
They
have
increased
significantly.
So
just
as
an
example,
we
have
about
1700,
affordable
housing
units
in
the
city
about
200
units
are
through
the
BMR
program.
S
Bmr
program
units
are
part
of
market
rate
development
and
they're
integrated
into
those
projects,
and
we
have
about
1500
units
that
are
in
100,
affordable
housing
projects,
so
those
are
typically
built
by
non-profit
developers
and
all
the
units
in
the
project
are
one
are
affordable.
So
we
have
about
1700
of
those
units
and
that's
a
really
good
accomplishment,
especially
for
a
city
or
size.
But
we
are
looking
to
almost
double
that
amount
by
the
end
of
the
decade
and
we
currently
have
nine
projects
in
the
pipeline
that
are
of
the
100
variety.
S
Whereas
not
that
long
ago
we
had
about
one
or
maybe
two
projects,
and
there
are
also
high
volume
of
residential
projects
that
we
review
for
the
BMR
program
and,
as
a
result,
there's
a
lot
more
emphasis
and
focus
on
tenant
displacement
and
mitigating
the
impact
of
those.
There
are
replacement
requirements
that
we
are
implementing,
that
are
state
requirements,
but
we're
studying
local
replacement
requirements
and,
of
course
the
city
has
its
own
again.
S
S
This
is
really
one
area
that
is
really
important.
It
requires
a
lot
of
coordination
and
so,
for
example,
we've
been
connecting
with
the
community,
but
also
with
the
rent
stabilization
team
on
tenant
displacement
strategies
that
we
are
also
working
on
a
homelessness
response,
and
we
work
with
the
city
manager's
office
on
that,
and
so
these
are
all
new
program
areas
that
we
are
creating
for
the
first
time
and
the
housing
department
provides
a
necessary
organizational
structure
and
infrastructure
to
be
able
to
implement
all
these
efforts.
Next
slide.
S
We
think
that
there's
a
great
opportunity
for
enhanced
information,
sharing,
there's
already
great
information
being
shared,
but
having
the
two
divisions
work
in
this
manner,
there's
even
more
information
flowing
that
can
help
us
be
better
informed
of
how
we
want
to
approach
items
and
we
see
opportunities
for
potentially
jointly
developing
and
implementing
certain
programs.
So,
for
example,
the
housing
the
affordable
housing
team
has
and
plans
to
help
support.
S
The
great
housing
eviction
help
center
that
the
rent
civilization
team
has
lifted
up,
and
we
want
to
be
able
to
support
that
with
the
affordable
housing
division
staff
and
to
the
extent,
and
that
the
programs,
the
strategies
and
apologies
that
we're
creating
will
lead
to
new
efforts.
We
see
the
ability
to
jointly
develop
those
that
we
think
working
together
will
create
the
best
set
of
programs.
S
I
want
to
be
really
clear
about
this
part,
of
course,
is
that
there's
there's
no
change
in
the
charge
of
the
rental
housing
committee.
The
rental
housing
committee
will
be
implementing
the
csfra
and
the
mobile
home
ordinance
as
before,
setting
policies
and
regulations
for
the
programs
Etc
and
then
just
in
terms
of
where
folks
will
be
the
rent.
Stabilization
division
is
out
at
298,
Escuela
and
we'll
continue
to
operate
there.
S
It's
a
great
space
for
the
staff,
but
also
great
space
for
the
community
members
to
be
able
to
meet
meet
out
there
and
to
get
information
and
connect
those
staff.
The
affordable
housing
division
will
continue
to
be
at
City
Hall,
we're
currently
in
the
first
floor
in
the
community
development
department.
But
we
are
working
to
transition
up
to
the
fourth
floor
sometime
before
the
end
of
this
year,
and
so
we're
working
on
that
physical
shift,
but
right
now
at
least
through
October,
we'll
still
be
in
the
first
floor.
S
So
folks
have
any
questions
on
any
of
those
programs
continue
to
find
us
through
Community
Development
in
the
first
floor
right
off
on
the
left
side
of
the
lobby
and
then
soon
when
we
make
the
shift
we
can.
Let
folks
know
that
we
will
be
up
on
the
fourth
floor.
So
that
concludes
my
presentation
and
I'm
happy
to
answer
any
questions.
S
Yeah
this
this
has
been
part
of
the
housing
world
for
a
quite
a
long
time
and
I
looked
a
little
bit
into
this
history,
but
back
I,
don't
know
15
20
years
ago
the
the
housing
division
was
called
the
preservation
Division
and
then
it
became
there
were
a
few
iterations
and
it
became
housing
and
neighborhood
services.
So
there
was
this
component
of
of
neighborhoods
in
there
and
the
implementation
of
the
CNC
and
the
CNC
grant
program
has
really
been
here
for
for
quite
some
time.
S
D
S
We
do
have
projects
that
have
been
approved
that
have
that
requirement
in
terms
of
the
actual
Demolition
and
the
actual
creation
of
a
replacement
unit.
There
hasn't
been
a
project
that
has
gone
through
that
all
the
way,
but
there
have
been
projects
I've
gone
through
and
have
sp330
requirements
on
them.
S
Typically,
the
presence
of
a
standalone
housing
department
are
in
the
larger
cities,
so
San
Jose
has
one
San.
Francisco
has
one
so
I
think
it
is
unique
in
Mountain
View
to
have
a
a
smaller,
geographically,
smaller
City,
to
have
its
own
housing
department.
I
think
we
do
do
a
lot
of
things
that
are
unique
and
different
from
other
smaller
cities
and
I.
Think
the
housing
department
is
also
a
reflection
of
of
that
as
well.
M
A
A
T
Good
evening,
just
checking
make
sure
you
guys
can
hear
me
all
right.
Yes,
just
a
quick
question.
I
think
you
may
have
answered
this
and
I
didn't
hear
it,
but
with
with
this
reorganization,
the
fees
that
the
landlords
pay
is
it
this
is
it
funding
the
same
amount
now
that
it
was
a
year
ago
or
prior
to
this
reorganization.
S
A
A
I
O
N
N
N
So
the
purpose
of
tonight
is
federal
housing
committee
to
receive
a
presentation
on
the
definition
of
rent
and
the
treatment,
slash
inclusion
of
utilities
as
part
of
the
rent,
as
as
established
by
the
community.
Stabilization
and
fair
rent
act
also
to
receive
information
about
the
use
of
ratio
utility
billing
systems.
They
are
also
called
rubs
by
landlords
to
separately
Bill
utilities
for
csfra
tenants
causing
monthly
fluctuations
in
rent
and,
thirdly,
to
receive
a
summary
of
the
results
of
the
stakeholder
meetings
held
in
February
and
March.
N
N
A
little
background
about
the
payment
of
utilities,
the
csfra
units
in
Mountain
View
are
commonly
served
by
a
combination
of
utility
and
or
housing
Service
Billings.
There
are
several
ways
for
the
payment
of
these
utilities:
either
the
tenants
pay
directly
for
utility
services
to
the
utility
provider
such
as
gas
and
electricity
to
PG
e.
N
These
utilities
are
individually
metered
at
each
rental
unit
and
the
utilities
are
not
considered
part
of
the
definition
of
rent
in
the
context
of
diseasefire
because
they
are
not
paid
to
offer
the
benefit
of
the
landlord.
A
second
way
for
payment
of
utilities
is
that
the
utilities
are
paid
directly
or
indirectly
to
the
landlord.
N
One
option
is
that
they
are
paid
directly
to
the
landlord
where
utilities
are
included
in
the
total
amount
of
rent
and
paid
with
a
single,
fixed
monthly
amount
of
rent,
the
rent,
including
utilities
and
other
Housing
Services,
and
the
second
option
is
that
they
might
have
been
paid
indirectly
to
the
landlord.
The
landlord
received
the
property-wide
utility
bill
and
sometimes
uses
a
third-party
billing
service,
often
called
the
Reps
to
allocate
costs
among
the
tenants
and
Bill
each
tenant
separately
for
the
utility
costs.
N
These
utility
costs
are
not
fixed
but
fluctuate
from
month
to
month,
and
Reps
uses
a
calculation
methodology
to
distribute
property-wide
utility
costs
among
the
tenants,
the
distribution
is
not
based
on
actual
usage
but
used
using
a
certain
factors,
such
as
square
meters
of
the
rental
unit.
The
amount
of
tenants
in
the
household
amount
of
bedrooms
Etc
a
little
bit
more
background
about
the
Reps
system.
It
typically
includes
two
components:
it
is
a
Billing
System,
sending
the
bills
to
the
tenements
and
it
is
also
a
methodology
for
allocating
property-wide
utility
costs
to
individual
units.
N
N
So
in
previous
meeting,
the
rental
housing
committee
directed
staff
to
analyze
these
fluctuating
monthly
utility
charges
in
connection
with
the
csfre
requirements
on
January
31st
of
2023.
A
study
session
was
held
in
the
rental
housing
committee
and
a
rental
housing
committee
directed
staff
to
hold
stakeholder
meetings
to
receive
more
detailed
information.
N
Stakeholder
meetings
were
held
in
February
for
landlords
early
in
March
for
tenants
and
later
in
March.
A
General
Session,
and
this
study
session
today
includes
a
summary
of
these
January
rental
housing
committee
meetings
and
the
stakeholder
meetings
and
requests
the
rental
housing
committee
to
provide
input
and
parameters
to
develop
regulations
for
consideration
on
the
use
of
reps
to
provide
a
consistent
application
of
the
csfree
requirements
regarding
lawful
rents
and
rent
increases.
N
And
lastly,
but
not
leastly,
the
definition
of
Housing
Services
is
in
section
1702
age,
which
is
also
important
for
the
analysis
of
today's
topic,
and
it
includes,
amongst
others,
utility
charges
that
are
paid
to
the
landlord.
If
you
can
see
that
in
the
middle
of
the
definition
next
page,
please
so
to
protect
tenants
from
excessive
rent
increases,
this
is
afraid
and
goes
on
to
generally
limit
rent
increases.
N
First
of
all,
it
does
that
by
installing
an
annual
General
adjustment
of
rent,
which
is
defined
as
a
hundred
percent
of
the
percentage
increase
in
the
Consumer
Price
Index
of
the
Bay
Area
region
or
the
rent
increases,
are
limited
to
those
imposed
pursuant
to
a
petition
for
Upward
adjustment
of
rent.
These
are
individual
petitions
that
can
be
submitted
by
landlords
in
either
case
no
more
than
one
rent
increase
per
12
months
is
permitted.
N
So
the
inclusion
of
utility
charges
in
the
definition
of
rent
means
that,
if
a
landlord
charges
costs
to
the
tenant
utility
costs
that
are
separately
built
through
a
third-party
service
provider
for
the
benefit
of
the
landlord
or
through
a
billing
process
implemented
by
the
landlord
themselves,
the
utility
charge
is
considered
part
of
rent
and
subject
to
the
limitations
for
rent
increases
in
the
csfra.
As
outlined
above.
N
We
also
found
that
many
landlords
continue
to
use
rubs
after
the
effective
date
and
implementation
of
the
csfra,
resulting
in
confusion
for
landlords
and
tenants
about
the
legality
of
reps
utility
charges
and
confusion
about
the
calculation
of
Base,
rent
and
imposition
of
the
annual
General
adjustments
of
rent
next
slide.
Please,
the
monthly
fluctuation
in
utility
charges
may
also
be
inconsistent
with
the
C7
rent
increase
limitations.
N
Since
charges
utility
charges
within
a
12-month
period
can
fluctuate
in
Access
of
the
allowed
AGA
increase,
and
even
if
this
is
every
did
permit
more
than
one
rent
increase
per
12
months.
The
use
of
reps
would
still
be
inconsistent
with
the
csfere,
because
the
monthly
charges
May
exceed
the
amount
permitted
by
the
established
Aga.
N
Also,
fluctuations
of
utilities
due
to
reps
May
violate
the
noticing
requirements
in
the
csfra,
because
rent
increases
can
only
become
effective
after
the
landlord
provides
written
notice
to
the
tenant,
with
at
least
a
30-day
Advanced
written
notice
and
for
utility
charges
and
bills.
No
such
notice
is
usually
given.
In
fact,
tenants
are
mostly
unaware
of
what
their
utility
charges
will
be
in
any
given
month
until
they
receive
the
bill.
N
We
have
divided
this
table
between
property
sized
units.
If
you
look
at
the
total
of
14
467
rental
units
with
one
Master
Meter
exists
in
Mountain
View.
That
is
pretty
much
the
total
of
all
C's
ever
recovered
units,
and
then
there
are
also
an
extra
1944
rental
units
with
multiple
Master
meters,
which
also
means
they
do
not
have
individual
or
submeters.
N
So
again,
summarizing
utility
charges
are
part
of
the
definition
of
rent
and
subject
to
the
rent
increase
limitations
in
the
csfra,
which
are
one
and
time
per
12
months.
Rent
increase,
subject
to
the
annual
General
adjustment
and
Reps
practices
that
do
not
adhere
to
these
limitations
are
a
violation
of
the
csfra.
N
We
also
gave
an
overview
of
rep
in
provided
an
overview
of
reps
treatment
in
other
rent
stabilized
cities
and,
as
you
can
see,
most
of
these
listed
jurisdictions
do
Define
utilities
as
part
of
the
rent
which
are
subject
to
increased
limitations,
except
for
Alameda,
which
do
allow
for
reps
Berkeley,
Hayward
and
San
Francisco.
And
this
explain
the
the
they
have
some
explanations
which
we
will
explain
later
on.
N
N
It
was
apparent
that
landlords
say
we
determine
the
factors
for
cost
sharing
in
erupts
factors
like
vacancy
or
common
space.
Inclusion
and
landlords
inform
their
reps
provider.
The
formula
for
this
allocation
per
unit
costs.
The
landlord
feedback
was
that
there
are.
There
is
no
transparency
on
how
these
costs
are
allocated
with
the
Reps.
They
request
disclosure
in
the
lease
and
monthly
bills,
including
how
vacancies
and
common
spaces
affect
these
calculations.
N
They
feel
that
they
need
to
have
an
option
to
file
a
petition
for
downward
adjustment
of
rent.
If
overpayments
of
utilities
seems
to
have
happened
further,
we
learned
from
conservice
that
a
commonly
used
per
unit
formula
is
a
50
occupancy
and
50
square
footage,
and
some
properties
include
vacancy
rates
in
their
calculations.
N
N
As
we
can
see,
these
rubs
causes
fluctuation
in
monthly
costs,
sometimes
beyond
the
tenant's
control,
and
these
variations
may
result
in
tenants
not
being
able
to
pay
the
rent,
and
the
csfra's
purpose
is
to
protect
tenants
from
unpredictable
and
frequent
rises
in
rent
to
promote
the
housing
stability
and
the
key.
Take
away
for
this
item
is
that
rubs
is
in.
It
may
be
incompatible
with
the
csfr's
purpose
of
promoting
rent
predictability
and
housing
stability.
N
N
N
N
N
The
next
item
that
was
brought
up
into
stakeholder
meetings
was
the
definition
of
rent
and
the
landlords
state
that
it
should
only
cover
charges
originated
from
a
landlord
and
that
landlords
have
no
control
over
utility
charges
and
should
not
be
held
responsible
for
mitigating
utility
charges,
and
that
robs
is
an
effective
tool
for
cost
sharing,
with
zero
profit
to
the
housing
provider
and
all
water
sewer.
Garbage
costs
are
ultimately
passed
through
to
the
city,
because
that
is
the
provider
of
these
utilities.
N
N
N
It
might
also
result
in
temporary
displacement
of
tenants
when
submeters
need
to
be
installed.
There
are
some
cost
recuperating
programs,
but
they
might
not
be
enough
to
cover
the
costs
for
requiring
sub
meters
and
it's
also
unclear
if
the
rental
housing
committee
has
a
jurisdiction
to
require
a
submittering
for
csfra
units.
N
Next
utility
charges,
as
the
landlord
stated
monthly
utility
charges,
fluctuate
based
on
usage
and
are
in
general,
not
cost
prohibitive
for
tenants,
and
they
gave
examples
of
fluctuations
between
10
to
50
dollars
per
month.
The
tenants
mentioned
that
fluctuating
utility
charges
do
affect
monthly
rent,
predictabilities
conservers
added
to
this
topic
that
higher
monthly
fluctuations
may
stem
from
covid
when
home
usage
and
vacancy
rates
increased
and
in
small
properties,
water
leaks
might
contribute
to
fluctuations
when
they
are
not
reported
to
the
landlord.
In
time.
N
N
So,
yes,
these
utilities
costs
have
an
impact
on
the
overall
operating
cost,
but
it's
a
limited
impact
and
if
properties
are
unable
to
maintain
a
fair
and
reasonable
return
on
investment,
a
petition
for
aboard
adjustment
of
rent
may
be
filed.
Also,
the
vacancy
con.
The
control
regulations
allow
landlords
to
reset
the
rent
to
Market
when
tenants,
vacate
and
average
apartment
turnover
in
Mountain
View
are
within
a
five-year
period.
N
N
It's
also
irrelevant
whether
rubs
is
considered
a
pass-through
in
analyzing
how
utility
should
be
regulated.
This
is
afraid,
does
authorize.
The
rental
housing
committee
to
regulate
does
not
authorize
the
rental
housing
committee
to
regulate
public
utility
companies,
but
it
does
provide
that
if
utility
charges
are
paid
to
the
landlord
are
considered
to
be
part
of
rent
next
slide.
Please
then
I
would
like
to
hand
it
over
to
Naz
who
did
a
study
of
peer
jurisdictions
that
allowed
the
Reps
go
ahead.
G
Thanks
donkey,
so
to
summarize,
based
on
the
definitions
in
the
csfra,
we've
concluded
that
rubs
goes
against
the
csfra
because
it
may
result
in
more
than
one
rent
increase
per
12-month
period.
The
fluctuations
and
utility
charges
build
through
rubs,
make
seed
the
AGA
and
the
fluctuations
and
utilities
charges
build
through
rubs
violate
the
CSA
csfras
rent
increase
requirements.
However,
landlords
brought
up
during
the
stakeholder
meetings
that
there
are
a
number
of
other
rent,
controlled
jurisdictions
that
have
allowed
rubs
and
therefore
we
analyzed
why
those
jurisdictions
are
able
to
allow
rubs
while
the
csfra
restricts.
G
What
the
rental
housing
committee
can
do,
a
little
bit
more
so
I'm
going
to
go
through
those.
There
are
actually
Four
jurisdictions.
It's
Berkeley
Alameda
Hayward
in
San
Francisco
that
allow
rubs
to
a
certain
extent
we
Don,
don't
analyze
Berkeley,
because
Berkeley's
allowance
of
rubs
is
made
on
a
petition
by
petition
basis.
They
don't
have
an
established
policy
and
it's
really
a
factual
determination
that
is
made
by
their
hearing
officers
as
the
petitions
come
in
and
so
there's
no
policy
for
us
to
analyze.
So
we
focus
instead
on
Alameda,
Hayward
and
San
Francisco.
G
Theirs
was
adopted
by
their
city
council,
so
it
can
be
changed
much
more
easily
than
the
charter
amendment.
That
was,
that
is
the
csfra
so
similar
to
the
csfra
alameda's
rent,
Control
Ordinance
limits,
rent
increases
to
one
increase
per
12-month
period
and
also
sets
in
AGA.
Their
AGA
is
slightly
different.
It's
only
70
percent
of
the
CPI
change
from
April
to
April,
but
it
can
never
be
more
than
five
percent
or
less
than
one
percent.
G
Alameda's
ordinance
defines
rent
and
Housing
Services
to
so.
The
definition
of
rent
includes
any
amount
included
in
the
rent
for
utilities
or
other
fees
or
charge
associated
with
the
tenancy
for
related
Housing
Services
and
their
how
their
definition
of
Housing
Services
includes
utilities
that
are
paid
by
the
landlord.
G
G
G
G
There's
no
annual
General
adjustment,
rather
hayward's
ordinance,
provides
that
the
rent
increase
may
be
in
any
amount
equal
to
or
less
than,
five
percent
of
the
existing
total
monthly
rent.
So
they
also
Define
rent
and
Housing
Services.
Their
definition
of
rent
does
not
address
utility
charges
whatsoever
that
utilities
are
not
brought
up
in
their
definition
of
rent.
They
do
address
Housing
Services,
but
their
definition
of
Housing
Services
also
does
not
address
utilities.
So
again,
these
are
two
really
important
distinctions
from
the
csfra,
where
both
rent
and
and
Housing
Services.
G
Clearly,
layout
utility
charges
are
part
of
Housing,
Services
and
rent,
so
there's
also
a
section
of
hayward's
ordinance
that
states
that
rubs
is
allowed.
If
it
is
in
the
lease
and
it'll
it
provides
essentially
tenants
with
a
process
by
which
they
can
challenge
increases
to
their
utility
charges.
If
those
charges
exceed
one
percent
of
the
total
monthly
rent
but
again
by
ordinance,
rubs
is
allowed
as
long
as
it's
written
into
the
lease.
So
all
of
these
are
important
distinctions
from
the
csfra.
G
The
rent,
the
definition
of
rent
and
Housing
Services
does
not
address
utilities
and
there's
a
specific
carve
out
for
rubs
that
are
enumerate
enumerated
in
the
written
lease
that
those
are
not
subject
to.
The
five
percent
cap
on
rent
increases,
so
San
Francisco,
San
Francisco's
ordinance,
is
quite
1979
they've.
Their
Board
of
Supervisors
has
amended
their
ordinance
on
a
number
of
occasions,
including
amending
it
to
address
the
rebs
issue,
so
theirs
also
allows
only
one
rent
increase
per
month.
That
is
seems
to
be
a
staple
and
all
rent
Control
ordinances.
G
The
allowable
rent
increase
in
San
Francisco
is
60
of
the
CPI
from
February
to
February
of
each
year
and
and
no
event
can
the
annual
increase
exceed
seven
percent
so
similar
to
Hayward
the
definitions
of
rent
and
Housing
Services
in
San
Francisco's
Ordinance
do
not
address
utilities.
That
word
is
not
used
in
either
definition
of
rent
or
Housing
Services
and
like
Hayward.
G
So
again,
these
are
important
distinctions
between
the
csfra,
their
definitions
of
rent
and
Housing
Services.
Don't
address
utilities
and
their
ordinance
specifically
provides
that
an
increase
in
utility
charges
passed
through
from
the
landlord
to
the
tenant
does
not
constitute
a
rent
increase,
as
that
term
is
defined
in
their
ordinance.
G
So
and
all
that
to
say
that
the
differences
and
the
definitions
that
are
used
in
the
various
jurisdictions,
as
well
as
the
explicit
carve
outs
in
their
ordinances,
compared
to
the
definitions
in
the
csfra
and
the
language
of
the
csfra,
makes
it
so
that
the
rhc
is
more
restricted
in
the
approaches
it
can
take.
With
regard
to
regulation
of
utility
charges.
N
Next
slide,
please
so
again,
considerations
and
potential
approaches
were
discussed
in
the
stakeholder
meetings.
Summarizing
is
that
these
utility
charges
are
part
of
rent
and
subject
to
rent
increased
limitations
and
they're
limited
to
the
AGA
and
the
one
time
for
12
months
and
Reps.
Practices
that
do
not
adhere
to
these
limitations
violate
the
csfre.
N
So
in
discussing
considerations
or
potential
approaches,
the
following
criteria
should
be
included
to
achieve
compliance
with
the
law.
It
should
result
in
predictable
monthly
costs
to
improve
housing
stability
and
provide
an
opportunity
for
Nando's
to
recuperate
costs
for
utilities.
Another
fair
and
reasonable
return
on
investment
next
slide
please.
So
we,
the
staff,
has
developed
some
potential
approaches
for
considerations
to
bring
the
properties
that
are
using
the
Reps
into
compliance
with
the
csfre.
N
Another
option
would
be
instead
of
the
previous
second
option
is
to
allow
for
a
one-time
rent
adjustment,
but
to
allow
landlords
to
make
their
own
adjustment
using
a
formula
approved
by
the
rental
housing
committee.
That
may
sound
the
same
as
the
previous
formula,
with
an
added
process
to
allow
tenants
to
file
a
petition.
If
the
tenants
disagree
with
the
landlord's
calculation
and
in
if
either
of
the
above
options,
the
landlords
do
not
receive
a
fair
rate
of
return
and
maintenance
of
net
operating
in
competition
for
upwards
adjustment
of
rent
can
be
filed.
N
Upon
further
analysis,
the
staff
feels
that
this
consider
is
very
difficult
for
tenants
to
understand.
It
also
continues
to
perpetuate
fluctuating
monthly
rents
and
is
only
feasible
during
the
initial
term
of
the
tenancy,
because
in
subsequent
years
it's
very
difficult
to
calculate
the
Aga,
since
the
actual
amounts
paid
during
the
initial
term
of
the
tenancy
need
to
be
taken
into
account,
and
it
could
also
potentially
run
against
the
non-waveability
clause
in
the
csfra.
But
we
would
need
to
do
further.
Research
on
that.
N
N
Next
slide,
please.
So
this
next
steps
would
be
that
the
rental
housing
committer
committee
considered
in
as
next
steps.
First,
today,
the
rental
housing
committee
to
provide
input
and
recommendations
regarding
preferred
potential
options,
and
then
staff
will
return
in
a
subsequent
meeting
to
detail
the
rental
housing
committee.
Input
and
recommendations
followed
by,
if
requested
by
the
rental
housing
committee,
to
provide
draft
regulations
in
subsequent
meeting.
E
E
Mean
you
know,
the
landlord
feedback
was
that
rubs
contributes
to
5
to
27
percent
reduction
of
water
usage
and
con
service
and
CAA
say
conservation
is
over
15,
but
the
key
takeaway
was
little
evidentiary.
Support
has
been
provided,
include
the
use
of
rubs
results
in
Greater
conservation
efforts
by
tenants.
There
was
no
feedback
on
this
from
the
tenants,
but
it
sounds
to
me
that
your
key
takeaway
runs
counter
to
what's
in
the
top
part
of
the
slide,
without
any
rationale
behind
it.
E
Okay,
another
question:
if,
if
let's
say
a
landlord,
we
went
to
the
system
where
there's
a
one-time
adjustment
and
the
utilities
are
included
in
the
rent.
What
would
happen
if
a
landlord
decided
then
to
put
in
individual
sub
meters?
Would
he
be
able
to
like
keep
the
same
rent
that
he
was
having
before
and
then
still
have?
The
tenants
have
to
pay
separately
for
their
utilities
effectively.
H
B
E
A
third
question
is,
you
know:
I
mean
I,
look
at
my
own
utility
bills
over
the
last
year
and
water
is
pretty
constant,
but
the
heat
and
electric
are
like
3x
from
winter
to
summer
and
I'm
just
wondering
like.
So.
Do
you
envision
this?
Turning
out
that
we're
going
to
have
to
time
average
the
way
utilities
are
charged
so
that
we
get
the
kind
of
predictability
that
the
csfra
is
trying
to
ensure.
E
E
H
G
H
N
Not
yes,
so
tenants
do
come
to
us
with
their
bills
and
their
questions
like
one
do
what
what
are
these
bills?
Why
am
I
being
charged
this
amount
on
this
month
and
that
and
that
amount
on
that
month
and
then
they
try
to
find
out
more
information
and
they
are
confused
as
you're
saying
not
exactly
understanding
that
it
is
a
rep
system
that
is
being
used
and
they
have
no
idea
why
they
get
the
bills
that
they
are
getting
and
where
the
numbers
are
coming
from.
N
N
N
D
C
N
C
H
C
D
N
N
A
So
I'd
like
to
chime
in
there
and
see,
if
I'm
thinking
about
this
right,
so
if
we
were,
we
should
be
able
to
find
out
from
the
landlord
what
the
bills
were
in
the
past
year.
Excluding
their
common
share,
in
other
words,
we'd,
be
more
interested
in
what
did
the
landlord
through
rubs,
presumably
charged
attendance
and
then
whatever
formula
they
were
using
that
didn't
charge.
The
tenants
common
areas
would
be
somewhat
irrelevant
because
we'd
be
asking
them
for
the
information
of
what
did
they
charge
to
tenants.
N
E
I
Staff
wanted
to
provide
some
clarification
on
the
question
regarding
whether
or
not
rubs
was
utility
charges
charged
through
rubs
were
able
to
receive
state
rent
relief.
The
answer
to
that
question
is
you
know
that
they
they
were
not
only
this
the
state
would
pay
out
toward
tenants
who
had
individual
leaders
or
people
who
were
providing
the
services
directly
and
paying
for
the
services
directly.
D
G
And
it's
similar
to
the
Vega
adjustment
for
the
maintenance
of
net
operating
income.
Petitions,
which
are
you
can
have
a
vague
adjustment
based
on
the
fair
market
rents
that
are
published
by
Hud.
If
you're
contesting,
whether
or
not
you
know
your
base
year
numbers
your
actual
base,
your
numbers
were
a
fair
rate
of
orders
if
you're
contesting,
whether
or
as
if
you're
contesting
whether
the
actual
utility
costs
that
were
charged
to
you
would
provide
you
with
a
fair
rate
of
return
if
charged
to
the
tenants.
Yes,.
A
A
E
D
G
A
A
Yeah
script
time
we'd
like
to
know
how
many
speakers
we
have
at
this
point
before
we
get
started.
So
if
you
are
in
the
audience
and
could
raise
your
hand
or
if
you're
on
zoom
and
could
raise
your
hand
and
you're
hoping
to
speak
so
I'm
seeing
two
hands
three
hands
in
the
audience
and
if
people
on
Zoom
could
raise
hands.
H
A
F
Do
what
yeah,
okay
good
evening,
my
name's
Philip
Cosby,
a
member
of
the
camposito
here
at
St,
athanasius
Church
I'd,
like
to
remind
us
that
historically,
the
expense
of
common
utilities
was
born
by
the
landlord
and,
like
the
other
expenses,
inform
the
asking
route
for
the
units.
It's
a
fairly
recent
innovation
that
these
charges
are
being
spun
off
to
the
tenants
and
I
was
astonished
to
see
that
when
rubs
is
being
used,
they
can
see
rates
or
one
of
the
factors
in
determining
how
you're
going
to
spend
this
charge
off
to
the
tenant.
F
The
tenant
has
absolutely
no
control
over
the
bacons
they
reign
in
the
apartment.
Complex,
that's
totally
under
the
control
of
the
landlord.
Another
Factor
is
that
a
lot
of
the
common
utility
charges
are
fixed.
The
the
trash
rates
that
doesn't
depend
upon
how
many
pieces
of
paper
or
tenant
is
thrown
out.
It
depends
upon
the
size
of
the
waistband,
so
whether
the
complex
is
occupied
or
unoccupied,
the
charge
is
the
same.
F
F
H
U
I
want
to
point
out
that,
as
far
as
vacancies
are
concerned,
those
costs
are
assigned
to
those
vacant
units,
so
tenants
are
not
paying
for
vacant
units.
Additionally,
rubs
is
about
conservation.
You
know
there
is
no
other
tool.
A
property
owner
has
to
encourage
the
conservation
of
water
or
any
other
natural
resources.
Aside
from
rubs,
you
need
to
have
some
information
and
you
need
to
have
a
motivation
to
reduce
usage.
U
Furthermore,
we
as
Property
Owners
need
to
adhere
to
a
lot
of
these
conservation
mandates
that
are
imposed
by
city,
county,
regional
state
governments,
and
we
can't
adhere
those
mandates
if
there
is
no
care
to
encourage
the
tenants
to
conserve.
So
you
know
these
conservation
mandates
are
really
important.
U
I
just
want
to
push
back
on
a
couple
things
I
heard
during
the
presentation
and
one
that
builds
allegedly
are
swinging
wildly
Bill
do
not
swing
wildly.
What
impacts
the
bill
amount
is
usage
and
and
usage
is
determined
by
how
much
an
actual
person
uses,
plus
maintenance
issues
right,
running
sinks,
running
toilets.
If
we
don't
address
those
they
amount
to,
they
increase
the
bill
exponentially
and
so
having
rubs
encourages
tenants
to
report
these
maintenance
issues
before
they
get
too
out
of
control.
U
Next
is
that
rubs
doesn't
cause
monthly
utility
charges
to
fluctuate?
Well,
sorry,
you
said
that
rubs
causes
monthly
utility
charges
to
fluctuate.
The
utility
charges
fluctuate
based
on
usage,
it's
not
based
on
rubs
Additionally.
The
the
presentation
indicated
that
San
Jose
eliminated
rubs
I
want
to
point
out
that,
after
the
elimination
rubs
in
San,
Jose
many
properties
have
seen
an
increase
in
their
usage
in
their
properties,
post,
rubs
elimination
and,
lastly,
and
I
think,
most
importantly
to
the
point
that
was
made
about
data
on
conservation.
U
H
V
I
also
wanted
to
talk
about
just
the
value
that
rubs
does
bring.
I
am
a
property
owner
here
in
Mountain,
View
utility
cost
really
is
a
shared
cost.
We
do
not
pass
on
the
common
area
cost.
That
is
something
that
we
take
on
as
owners,
it
doesn't
include.
Irrigation
doesn't
include
like
the
pool
water,
all
those
things.
It's
also
something
that
really
we
don't
make
any
profit
on.
It's
something
that
we
pass
on.
V
It's
based
on
the
bill
that
we
received,
and
there
was
no
profit
made
with
rubs
I-
also
wanted
to
talk
about
conservation.
That
is
something
that
is
very
important
to
us
and
as
mentioned,
we
do
get
some
service
requests
that
are
mentioned
because
residents
are
concerned
about
water
conservation.
So
there
is
a
lot
of
service
requests
that
are
brought
to
our
attention
based
on
us
having
rubs
and
I.
V
W
Thank
you
good
evening.
Everybody
so
I
basically
are
gonna
read
in
my
conservative
bill.
They
are
receiving
every
month
as
me
and
my
mom.
We
only
do
people
living
in
my
apartment,
so
I
got
water-based,
Church,
four
dollar
and
two
cents:
I
got
cold
water,
43
cents,
I
got
water,
heating,
23
and
34
cents,
hot
water,
28
and
19,
Cents,
Store,
29.34
cents
and
I.
W
W
18.97,
so
what
I
think
is:
am
I
not
a
lot
for
two
people
for
me,
my
mom,
but
I
can
imagine
families
for
five
people,
six
people
paying
like
a
lot
and
even
they
don't
use
that
much
they're
wearing
controller
everything
the
water
leaking
and
everything
they
always
updated
right
away,
what's
happening
in
the
building
and
I
think
that
it
is
over
charging
I
think
you
have
to
do
really
digging
into
this
and
and
I
hear
a
lot
of
families.
They've
been
charging
a
lot.
W
A
lot
in
conservative,
like
300s
400s
I
have
families
paying
like
500
and
they're
only
living
like
three
people,
five
hundred
dollar
every
month.
It
is
a
lot,
so
thank
you
and
please,
yes
and
I
I've
been
happy
to
say
my
conservative
every
month
to
you
guys,
so
you
know
what
I'm
talking
about,
because
I
still
understand,
but
I
I
receive
every
month.
So
thank
you
so
much,
and
and
thank
you
for
keep
listening
to
the
community.
Thank
you.
T
Hello
good
evening
again
a
few
things
that
I
want
to
say.
First,
the
way
this
presentation
was
present
presented,
it
makes
it
seem
like
the
majority
of
the
14
000.
However,
many
csfra
units
came
up
are
experiencing
this
and
I'm,
not
discounting
the
stories
that
we
just
heard.
I'm
sure
those
stories
exist,
I'm
sure,
there's,
unscreen,
unscrupulous
and
or
uneducated
landlords
that
implement
this
program
improperly.
T
So
you
need
to
not
try
and
think
you
need
to
fix
a
problem
that
may
or
may
not
exist.
We
do
not
charge
at
our
200
units
electric
or
gas
I
heard
one
of
the
members
talk
about
a
woman
who
pays
their
electricity
bill,
conserves
it
and
takes
it
back.
We've
had
tenants
that
heat
their
houses
Heat
their
apartments
with
hot
water.
T
It's
it's,
you
know,
I
I,
don't
know
what
I
can
say
about
that,
but
there
there
are
just
as
many
unscrupulous
tenants
that
don't
care
about
conservation
if,
if
they're
not
if
they
don't
have
any
skin
in
the
game,
what
else
did
I
want
to
say
you're
never
going
to
regulate
this
into
Clarity?
It's
you're
going
to
be
a
dog
chasing
its
tail.
You
can't
and
if
that's
not
obvious
from
listening
to
some
of
these
options,
I
don't
know
what
is
also.
T
You
know
you
talk
about,
not
changing
the
csfra,
you
know,
don't
don't
fool
yourself.
It's
selective
interpretation
and
every
regulation
that
is
come
up
with
is
changing
the
csfra,
whether
you
call
it
that
or
not,
and
and
there's
too
much
selective
interpretation
going
on.
As
far
as
transparency,
it's
in
every
one
of
our
leases,
every
one
of
our
tenants
knows
how
they're
going
to
be
charged.
T
There's
an
addendum
in
the
lease
again
I'm
running
out
of
time
here,
but
but
I
feel
that
the
vast
majority
are
are
meeting
these
requirements
and
there's
no
fluctuations
and-
and
there
is
transparency
so
so
the
option
to
do
nothing,
whether
you
think
it's
it,
it
violates
legality.
Well,
that's
you
know
another
shortcoming
of
the
csfra
you're
never
going
to
regulate
and
clarify
it
enough
to
satisfy.
X
Hello,
can
you
hear
me?
Yes,
yes,
I'm
a
Mountain,
View,
homeowner
and
I
just
wanted
to
commend
the
staff
for
their
really
excellent
research
and
summary
that
they
provided,
which
I've,
read
and
I
wanted
to
lend
my
support
to
the
proposals
that
the
staff
has
come
up
with
in
particular
proposal,
one
and
and
2A,
because,
although
there's
a
lot
of
details
that
need
to
be
worked
out,
I
think
it
can
be
fair
to
tenants
and
landlords
and
at
the
same
time
will
will
provide
Clarity
and
sticking
to
the
csfra's
requirements.
Y
Hi,
can
you
hear
me
yes
right?
Thank
you
very
much.
I
represent
Avalon
Bay
and
we
are
the
landlord
and
owner
of
over
1100
rental
homes
in
the
city
of
Mountain.
View
rubs
is
called
out
separately
in
all
of
our
leases
and
and
a
lot
of
the
data
that
you
presented,
some
of
it
jives
with
our
information
and
some
doesn't
many
of
our
communities
in
Mountain.
Y
View
are
not
individually
metered
because
they
were
built
between
1960
to
1985.,
so
adding
individual
sub
meters
would
require
us
to,
unfortunately,
dislocate
our
residents
for
a
variety
of
reasons.
Yeah,
the
monthly
fluctuations
that
are
have
been
discussed
are
not
caused
by
the
landlord
or
the
owner's.
You
know,
they're
caused
by
usage,
so
I
mentioned
that
we
do
have
a
separate
lease
language
related
to
utilities
in
each
of
our
leases,
and
it
does
provide
visibility.
Rebs
provides
visibility
to
our
residents
or
the
tenants
on
their
individual
consumption.
Y
A
A
B
Z
Z
However,
there
were
a
few
points
that
I
think
how
they
didn't
jive
with
how
I
operate
our
assets
and
and
the
the
principle
of
point
being
that
that
rubs
and
and
utilities
are
not
viewed
as
a
profit
Center
by
me.
In
fact,
there
are
some
pretty
strict
rules
that
govern
whether
or
not
I
can
make
money
off
of
in
any
type
of
utility.
Z
It's
a
simple
pass-through
so,
in
my
mind,
there's
no
consideration
of
a
fair
return
to
a
landlord
here,
because
I'm
not
trying
to
make
a
return
returns,
are
made
on
the
rent,
the
monthly
rent
that
we
charge
and
and
and
and
that
wasn't
clear
to
me
in
the
presentation.
So
I
wanted
to
clarify
that
to
the
group
that
you
know
we
we
never
charge
even
100
of
the
utility
charges.
We
incur,
we
actually
strip
out
the
common
area
charges.
Z
Z
How
do
we
pull
together
to
you
know
fix
that
water
crisis
in
California?
You
know,
fix
our
aging
power
infrastructure.
All
of
those
things
are
are
wrapped
together
and
and
I'm
just
one
person,
and
we
have
many
hundreds
of
people
that
live
at
our
assets
and
and
allowing
them
to
Bear
the
market
price,
for
those
utilities
is
the
incentive
that
helps
us
all
work
together
and
I'll
seed.
My
remaining
time,
that's
all
I
had
thank
you
and.
A
A
C
Z
In
our
case,
no,
our
our
complex
is
too
old.
It
was
built
in
the
60s
and
I'll
Echo
the
comments
from
an
earlier
owner
that
stated
installing
some
readering
for
both
both
of
those
the
common
area
stuff
and
the
residential
portion
would
create
considerable
disruption
to
those
those
Services
right.
They
really
are
residents
rely
on
having
consistent
delivery
of
water
and
all
the
other
utilities
to
their
Apartments,
so
it's
just
very
cost
prohibitive
for
us.
That's
that's
why
we
like
the
rub
system.
Z
A
Thank
you
so
I
think
I'm
just
going
to
blanketly
say
that
I'm
curious
when
housing
providers
are
speaking
to
know
how
many
units
you
have
in
Mountain
View,
and
also,
if
you,
if
you
know
how
is
the
service
charge
that
reimburses
the
conservience
or
rubs
handled
as
a
charge
to
tenants
or
if
your
pay
as
a
landlord.
Thank
you.
AA
Hi,
can
you
hear
me?
Okay,
yes,
wonderful
well,
I,
know
everybody's,
very
tired,
I'm
past
my
bedtime
for
sure
so
I'll
try
to
be
as
brief
as
possible.
I
am
a
landlord
in
Mountain
View
about
187
units
that
we
oversee
there
and
I've
made
some
notes
and
I
just
want
to
try
to
hit
on
a
few
of
the
points
here.
AA
I'll
reiterate
a
few
of
the
comments
that
some
others
have
said.
Just
to
make
sure
you
understand,
the
impact
to
landlords
rubs
is
not
a
money
making
Endeavor
for
us
and
I've
heard
a
lot
of
conversation
tonight
about
water
conservation
and
I.
Just
want
to
reiterate
that
water
is
not
the
only
utility
that
is
passed
through,
nor
is
it
the
only
utility
that
landlords
are
subject
to
pay
utilities
make
up
about
a
third
of
our
overall
operating
costs
and
any
community
in
any
apartment.
Community
Across
the
Nation.
AA
So
it's
a
pretty
meaningful
number
for
landlords.
In
addition
to
you
know,
being
Limited
in
the
city
of
Mountain
View
as
we
are
with
the
rent
control
measure,
the
other
piece
I
just
want
to
mention
is
is
regarding
trash
and
the
new
compost
laws
that
the
state
of
California
has
passed.
We
have
seen
a
significant
increase
in
contamination
fees
with
our
trash
bills
as
a
result
of
people
not
conforming
to
compost.
AA
We
only
I'll
speak
for
only
myself,
but
we
only
look
at
rubs
billing
once
a
year
and
look
at
whether
or
not
our
fees
over
the
last
year
have
increased
and
again
we
are
not
making
money
on
rubs.
It
is
simply
a
calculation
of
pass-through,
like
many
of
the
other
landlords
spoke
up,
a
percentage
is
taken
out
for
common
area.
AA
I
also
want
to
mention
that
during
the
reins
in
q1,
we
knew
SoCal
was
going
to
experience.
We
have
some
properties
in
Southern
California
as
well.
We're
going
to
increase
massive
gas
increases
and
we
were
very
proactive
in
telling
our
tenants
that
we
were
going
to
take
measures
proactively
to
turn
off
gas
or
decrease
gas
expense,
so
that
we
were
not
passing
any
of
that
extra
on
to
tenants
that
we
could
all
share
in
the
conservation.
AA
So
I
heard
earlier
that
some
landlords
were
not
educating
people
and
not
trying
to
share
an
education
and
I
can
tell
you
that's
not
the
case
everywhere.
I
can
also
really
share.
That
occupancy
is
a
very
important
factor
in
the
charge
of
rub.
So,
as
you
consider
this
down
the
line,
you
know
the
more
people
in
an
apartment,
the
more
usage,
so
that
is
really
really
important
when
you're
thinking
about
your
way
forward
and
then
I'll.
AA
B
AB
Hey,
can
you
hear
me?
Yes,
thank
you
all
right,
so
I
just
want
to
say
I'm
against
rubs
against
fixed
utility
costs
and
I
say
yes
to
sub
meters
for
each
unit.
That
really
seems
to
be
the
only
way
to
make
sure
that
everybody
pays
their
fair
share
and
make
sure
that
nobody
games
the
system
in
any
gameable
system.
AB
Please,
and
and
don't
put
your
hand
in
the
cookie
jar,
and
they
say
oh
right,
I
won't
I
promise
it
can
happen
and
there's
not
really
a
way
to
prevent
that
that
I
know
of
and
on
the
other
end
side
of
the
coin,
I
heard
a
landlord
complaining
about
bad
actor
tenants
and
someone
using
water,
hot
water
to
heat
their
building
well.
Having
some
reading
for
each
unit
would
also
prevent
that.
AB
It
just
seems
very
fair
for
each
person
to
pay
exactly
for
the
amount
of
water,
electricity
Etc
that
they're
using
and,
of
course,
incentivizes
conservation.
Much
more
than
rubs
does
I.
Believe
the
evidence
in
the
slideshow
backs
me
up
on
that.
One
that
says
yeah
rubs
can
sort
of
encourage
conservation,
but
individual
metering
encourages
conservation,
much
more,
which
just
makes
sense
on
an
intuitive
level.
If
I,
you
know,
share
my
bill,
my
water
bill
with
10,
tenants
and
I
am
trying
to
save
water
I
shave
up
100
gallons
per
month.
AB
Then
my
bill
will
only
reflect
you
know:
a
10
gallon
savings
if
it's
shared
through
reps,
but
if
I
am
doing
all
that
conservation
up
for
and
I
only
pay
for
my
own
individual
water
usage,
then
I'm
saying
100
of
those
savings
realized
through
my
conservation
efforts,
so
I
think
in
order
to
help
us
pull
together
and
prevent
brownouts
and
blackouts
during
heat
waves.
In
order
to
consider
water
during
droughts,
we
need
to
get
submetering
in
for
individual
units.
AB
Yeah
and
then
one
more
thing
is
that
in
the
slideshow
there
was
a
section
that
said
landlord
feedback
said
Reb,
says
zero
profit
to
the
housing
provider
and
I'm
just,
but
why
wouldn't?
They
include
sub
meetings?
There
was
another
site
that
said,
oh,
it's
because
it
costs
too
much.
Well,
that's
the
profit
right
there
they're
profiting
by
not
providing
sub
reading
by
not
paying
that
cost
so
that
tenants
pay
only
what
is
fair
for
them
to
pay.
AB
AC
Never
when
we
say
the
release,
they
didn't
say
the
exactly
amount
that
I
had
to
pay
for
the
utilities
they
just
said
like.
Oh,
it
won't
be
too
much
just
a
few
dollars
you
know
like,
but
then
I
started
paying
like
150,
but
it
never
is
the
same
amount.
Monthly,
never
I
never
had
the
same
about
Molly
every
single
time,
I
had
to
pay
more
and
then,
if
we
don't
pay
it
on
time.
Yes,
we
have
a
penalty.
We
we
have
to
pay
ten
dollars
more
for
a
late
pay.
AC
They
didn't
pay
it
on
time
and
so
I
don't
know
who
who
decide
which
complex
has
to
have
conservatives
or
raps?
And
then,
if,
if
somebody
asked
them,
they
have
to
have
the
complex
so
why
they
don't
give
the
policies
or
the
rules
and,
at
the
same
time
we
have
as
a
as
a
tenant.
We
can
learn
about
it
and
see
why
we
have
to
pay
the
match
and
and
my
complex,
some
people
pay
less
than
me
or
more
than
me
and
then
I.
Don't
know
why.
AC
Even
if
we
have
the
same
a
space
of
our
apartment,
two
bedrooms,
two
bathrooms:
we
pay
different
amounts
monthly
and
then
so
I
not
agree
with
raps
or
conservice,
but
yeah
with
the
matters
and
I
want
to
pay
utilities.
It's
fine,
it's
not
a
big
deal.
The
big
deal
is
like
not
never
is
the
same
amount
and
it's
every
single
time
is
different
and
then
yes,
when
there's
not
tenants
and
one
Apartments,
they
they
divided
by
that
by
that
apartment
and
I.
AC
Don't
know
why
if
there's
apartments
empty,
that
means
do
not
waste
water.
We
have
to
pay
less,
no
more
I,
don't
know
if
you
get
it,
and
this
happens
when
the
pandemic
was
here,
we
had
to
pay
more,
but
why
people
is
not
there.
So
that
means
what
it
is
not
wasting
water
over
there
and
then,
if
we
don't
put
the
garbage
at
the
same
the
place
they
have,
it
belongs.
AC
That's
because
some
apartments
doesn't
have
separate
garbage
can
like
you,
can
throw
you
know
the
the
recycling
or
the
regular
garbage
so
I.
Please
I
hope
you
consider
to
have
at
least
a
certain
amount
that
we
have
to
pay,
and
why
do
we
have
to
pay
that
much
money?
I,
it's
gonna
be
good.
If
we
just
paid
a
certainly
amount
amount
of
money
amount,
but
not
a
different
amount.
Thank
you.
That's
a
lot
to
talk.
Thank
you
for
your
time.
A
I
wonder
if
there
are,
you
know,
we've
heard
a
lot
of
we're
all
thinking
about
balancing
acts
as
we
go
through
this
I'm
sure
that
there's
no
one
here
who
wants
to
have
less
conservation
of
resources.
We
all
support
that
and
at
the
same
time
I
think
we
all
support.
We
want
to
implement
the
csfra
and
we've
got
a
spotlight
shining
right
now
on
utilities
and
utilities
being
part
of
rent
and
then
the
AGA
then-
and
you
know,
one
increase
per
year
would
apply
to
that.
A
C
D
A
E
H
E
H
A
A
I
can't
see
the
value
in
calculating
something
that
has
the
same
answer.
So
I
am
very
inclined
with
regrets
for
the
the
conservation
issues,
but
to
say
we
need
to
transition
to
utilities
being
included
in
rent
for
csfra
units,
with
a
lot
of
thought
given
to
how
what
one-time
rent
increases.
We
give
to
that
transition.
D
Yeah
my
statement
on
conservation
is
resource.
Conservation
is
a
side
of
good,
but
we're
not
a
water
board.
We're
not
a
electricity
board.
If
there's
any
discussion
about
conservation,
that
is
not
in
the
csfra
that
is
not
Material
in
this
discussion
and
should
be
planted
to
counsel
as
such,
I
am
persuaded
by
the
research
that
our
Council
has
done,
that
in
other
jurisdictions,
with
similar
language
as
ours.
L
So
I
I
do
agree
with
what
the
other
committee
members
have
voiced
this
evening,
as
I
was
listening
to
a
lot
of
the
arguments
on
both
sides.
Three
things
of
course
stood
out
to
me
that
they
are
guidance,
transparency
and
predictability,
particularly
with
transparency
and
predictability.
Those
were
two
terms
that
came
up
on
both
sides
of
the
aisle,
so
I
think
we
have
a
vested
interest
in
making
sure
that
we
are
enforcing
those
and
the
regulations
that
we
come
up
with,
as
well
as
protecting
particularly
our
low-income
tenants.
L
For
those
reasons,
I
do
agree
with
option
2A
about
having
that
one-time
increase
and
looking
at
the
average
of
the
charge
utility
costs
over
the
past.
12
months,
I've
said
it
before
that
Rob
says
it
currently
is,
does
not
work
and
I
think
that,
in
order
to
best
meet
both
sides
that
this
would
be
the
best
way
to
transition
away
from
how
it
currently
is.
E
H
E
If
leaving
that
issue
aside,
what
I
would
say
is
that
you
know
I
like
the
idea
of
the
one-time
increase
and
you
know
basing
it
on
the
previous
12
months
usage
when
you've
got
that,
if
you
don't
have
a
full
12
months,
then
I
think
waiting
it
out
by
you
know
the
period
of
time
like
if
it's
during
the
summer,
then
you
know
the
person
has
been
there.
Then
there.
E
H
E
A
So
here
comes
my
new
theme:
we've
had
some
advocates
for
requiring
individual
metering
of
everything
and
I
I
love
that
but
I
think
it
may
be
beyond
our
jurisdiction
and
cost
prohibitive.
So
I
am
not
inclined
to
support
requiring
or
I'm,
not
even
inclined
to
have
staff
support,
requiring
individual
metering
actually.
N
A
D
D
L
L
M
A
D
C
G
A
A
Only
three
months-
I'll
worry
about
that
later,
but
I
have
really
responded
to
Phil
Cosby's
remarks
that
when
well,
how
many
people
are
in
a
unit
may
be
indicative
of
their
share
of
the
rent.
It's
I'm,
not
happy
I,
don't
find
it
fair
when
someone
when
there's
turnover
in
the
unit
next
to
you
and
it
affects
your
utility
bill.
H
C
If
it
is
the
amount
used,
a
vacancy
should
subtract
from
the
total
charge
proportionate
and
so
that
it
shouldn't
increase
if
it
is
fully
transparent
and
it's
just
a
pass-through
right
because
they're
not
using
any
utilities,
so
there
shouldn't
be
utilities
to
pass
on.
So
your
rent
shouldn't
go
up
if
there's
a
vacancy,
if
things
are
as
described
right.
A
G
G
So
it's
the
preceding
12
months,
that's
what
is
being
used
so
I
think
really
the
question
that's
on
the
table,
for
you
all
is
whether
or
not
you
want
this
petition
process
to
be
a
process
that
is
Administrative
initiated
by
landlords
based
on
that
12-month
formula,
plus
whatever
formula
for
tenancies
that
haven't
been
around
for
that
long
versus
something.
That's
it's
basically,
between
2A
and
2B
you're,
not
determining
what
the
formula
is,
because
you've
now
already
said
that
you
don't
want
rubs.
A
I'd,
like
so
I,
have
a
few
comments
in
response,
so
an
option
would
be
to
keep
the
distribution
that
was
sent.
You
know.
So
there
is
history
and
we
can't
change
the
history,
but
we
can
redistribute
the
history
so
in
other
words,
the
landlords
have
already
carved
out
their
portion
for
the
that
12-month
period
of
their
common
utility
or
their
common
area
expenses
for
utilities
what
they
took
on
and
then
there's
this
other.
A
You
know:
collection
of
data
points
of
unit
by
unit
by
unit
What
did
the
what
were
what
was
charged
to
those
units,
and
so
we
could
keep
exactly
which
units
were
charged.
What,
but
it
was
an
allocation
that
did
that
in
the
first
place,
or
we
could
sum
all
the
charges
to
individual
units
and
then
distribute
it
by
square
footage
or
distributed
by
number
of
bedrooms,
I
mean
it
would
be
up
to
us
to
set
that
so.
G
A
E
I'm
trying
to
understand
why
you
think
that's
more
fair
I
mean
to
me
at
least.
If
the
number
of
tenants
doesn't
change,
it
seems
like
what
they've
done
in
the
past
is
the
best
indication
of
what
they're
going
to
do
into
the
future.
I
mean
I
can
see
you
might
want
to
micro
change
it
if
a
tenant,
you
know
like
if
you
had
four
tenants
and
then
you
ended
up
with
five
or
three
but
I.
You
know
I
think
that's
kind
of
a
second
order
effect
and
I'm
not
sure
I'd
want
to
go
into
there.
E
A
A
D
I'm
trying
to
follow
your
logic
is
your
logic
that,
given
the
discussion
we
had
today
is
the
number
that
is
charge
of
tenants
to
the
tenants
has
no
direct
use.
It
has
no
direct
relationship
with
the
actual
use
of
of
their
own
utilities.
Is
that's
the
reason
why
you're
a
little
bit
afraid
of
using
a
per
unit
like
looking
at
con
service
bills?
If
we
just
talked
about
you
know,
if
the
room
next
door
is
vacant,
why
did
my
bill
go
up.
A
That's
you
know,
I
think
that's
used
by
many
of
the
current
distributions
and
you
know
so.
If
someone
moves
you
know
in
one
month,
your
share
of
the
utilities
was
based
on
the
unit.
Next
to
you
or
the
unit
upstairs
having
you
know,
seven
people.
Well,
you
know
whatever
seven
three,
you
know
whatever
the
number
of
people
in
there
was
and
then
in
the
next
month
that
number
goes
down.
So
then
your
share
of
the
trash
can
utilities
just
changed
because
of
turnover
in
the
unit.
A
A
If
you
were
doing
bedrooms
over
total
bedrooms,
then
your
share
of
the
total
amount
would
always
be
constant,
but
number
of
occupants
in
a
in
units
varies
from
month
to
month,
and
so
your
share
of
the
total
is
going
to
vary
from
month
to
month,
not
based
on
any
change
in
your
household,
but
based
on
changes
in
how
many
people
are
living
in
the
other
units
and
I
just
think.
That's
not
ideal.
C
G
So
I
will
note
that
your
next
meeting
is
not
for
us
to
bring
regulations.
So
one
thing
we
can
do
is
research.
What
other
jurisdictions
have
done
and
bring
to
you
all
of
the
various
options
so
that
you
can
then
choose
from
that
menu
or
modify
those
rather
than
trying
to
make
that
decision
tonight
and.
G
D
Guess
pulling
to
a
side
but
related
for
the
talk
about
exclusion
for
cost
of
common
areas.
How
would
that
be
calculated
like
do
we?
Is
it
like
what
Edie
said?
We
just
do
like
a
big
block
for
the
big
building
cut
off
a
section
for
common
area
and
then
distribute
that
to
tenants
or
how
did
staff
interpret
that.
A
I'd
like
to
speak
to
that,
what
I
would
suggest
with
that
is
that
between,
because
for
all
of
these
providers,
who
have
been
using
the
conservance
service
that
there's
already
a
distribution
between
common
area
and
charged
attendance
and
so
I
think
it
will
be
simplest
to
keep
that
distribution.
Keep
that
split.
N
A
N
A
I'm
gonna
go
next,
but
I'll.
Let
others
talk
in
just
a
moment:
I'd
really
hate
to
slow
down
the
tradition,
transition
and
so
I'm
I.
Think
one
of
the
options
we've
heard
is
to
provide
a
default
formula
for
how
to
do
the
transition
and
I
would
like
landlords
to
submit
documentation
about
their
numbers,
for
you
know
that
calculation
so
that
you
know
it
would
be
public
and
it
could
be
checked
by
staff
for
reasonableness
and
it
could
be
reviewed
by
tenants
upon
request
and
then
so
that
would
be.
A
N
It's
fine,
that's
that's
language,
I!
Think
what
you're
trying
to
say
is
they
do
submit
it
to
the
city,
but
we
don't
proactively.
Look
it
over
and
see
if
the
the
calculation
is
right,
we
just
accept
the
information
and
then,
when
a
tenant
comes
to
us,
we
give
that
information
and
research
or
make
the
calculations.
If
the
tenant
complains.
A
A
A
D
D
E
E
E
Yeah
yeah
I,
don't
think
that's
a
problem.
Okay,
so
then
I
mean,
from
my
perspective,
then
saying
that
they
have
the
the
information
you
know
as
part
of
the
registration
process.
They
just
fill
out
a
spreadsheet
for
each
unit
with
with
the
number
in
it.
You
know,
I
mean
and
then
I
mean
you
know
like
somebody
from
staff,
would
look
it
over
to
make
sure
that
it
looks
right
and
and
then
that's
just
what
it
is.
Unless
somebody
wants
to
file
a
petition
or
something
you
know
or
beyond
that,
that's
how
I
would
guess,
but.
D
D
N
If
I
summarize
correctly,
what
I
heard
is
that
we
will
come
back
with
more
detailed
information
on
how
to
clarify
in
regulations
that
utilities
are
part
of
rent
and
that
reps
would
be
contrary
to
violate
diseasefree.
If
continued
as
what
is
currently
practiced,
and
then
we
will
provide
you
with
some
more
detailed
about
the
transitional
period
on
how
to
have
landlords
be
able
to
come
into
compliance
with
the
csfra,
and
we
could
look
at
two
formula
for
that
transitions.
N
It
could
either
be
the
last
12
months
and
we
can
do
some
research
to
see
if
other
types
of
formula
are
being
used
in
other
jurisdictions,
such
as
the
one
that
you
mentioned
chair
eating
like,
for
instance,
take
the
whole
bill
and
divide
it
by
square
footage
or
number
of
bedrooms
instead.
So
we'll
look
deeper
into
that
and
then
also
give
some
further
detail
about
what
the
administrative
process
could
look
like
and
how
to
submit
it
to
the
city.
D
D
A
G
N
I
I,
like
I,
like
to
give
you
the
following
information:
that
if
it's
going
to
be
a
formal
hearing,
the
work
of
the
staff
will
be
considerate
as
well.
Because
then
we
have
to
do
all
the
preparations
and
set
up
whole
procedures.
So
that
would
even
be
more
work
and
we
will
also
include
in
our
next
reiteration
how
much
work
all
of
this
is
going
to
entail
and
how
that
will
be
considered
and
how
that
can
be
done.
And
in
what
time
frame.
E
N
N
G
But
thank
you
just
to
note
the
reason
we're
asking
this
is
because,
if
you
have
a
formal,
this
is
similar
to
an
MRI
petition,
except
for
the
fact
that
mnor
petitions
only
happen
when
a
landlord
requests
them,
whereas
for
this
you're
requiring
it
of
almost
every
single
property
and
so
you're
going
to
get
a
petition
for
every
single
property.
So
your
hearing
officers
are
also
potentially
not
going
to
have
the
bandwidth.
A
A
Generic
formula
doesn't
work
for
me
because
of
where
the
you
know
my
individual
circumstances
and
the
middle
ground
that
I
hope
we
go
to
or
that
we
I
hope
at
least
we
consider
is
that
we
come
up
with
the
generic
formula
so
that
all
landlords
can
adopt.
But
then,
if
we
want
to
over
time,
you
know
have
them
all
be
reviewed
and
approved,
and
the
generic
formula
would
not
be
final
until
it
was
reviewed
and
approved.
But
at
least
that
would
take
the
time
pressure
off.
N
M
N
A
H
N
It
sounds
like
we
come
up
with
either
the
12-month
history
or
another
formula
that
might
be
present
in
other
jurisdictions
and
give
you
some
examples.
So
you
can
choose
which
one
would
be
most
doable
for
this
process
and
we
will
come
up
with
some
suggestions
on
what
the
administrative
procedure
would
look
like
with
an
option
always
for
either
party
to
formally
petition
if
they
don't
agree
or
if
their
property
is
under
unique
circumstances.
A
E
N
N
E
M
E
A
N
M
N
M
N
C
A
N
A
C
A
E
E
E
H
F
M
M
A
Briefly,
I
think
we
are
so
tight
on
time
and
I
think
finding
additional
meeting
time
is
not
simple
and
so,
while
I
would
generally
be
supportive
of
just
moving
it
to
a
future
meeting.
I
see
so
many.
You
know
items
on
our
agenda
coming
up
for
several
future
meetings,
including
conflicts
with
other
meetings.
So
for
this
time,
I
support
that
we
review
the
reports
on
our
own.
Are
we
ready
for
a
roll
call?
Others
yeah?
Let's
do
a
roll
call.
L
D
A
B
Thank
you
all
right.
So
I'll
begin
with
a
quick
report:
agenda
item,
9.1
upcoming
workshops
and
housing.
Innovation
helps
in
a
dates
right,
so
we
do
have
our
Virtual
Office
hours
that
we
continue
to
have
every
single
Tuesday
from
9am
to
12
p.m,
and
the
link
is
there
on
top
mountainview.gov
RSP
office
hours
and
people
can
just
go
ahead
and
go
to
that
Zoom
link
and
register
online.
B
We
also
have
a
new
schedule
of
workshops
coming
up,
so
they'll
begin
August
31st
and
we're
going
back
to
the
evening
time,
so
that
will
be
at
6
30
p.m,
that
one
will
be
on
rent
increases
and
hardship.
Petitions
with
the
tenant
Focus.
The
next
Workshop
will
be
September
14th
at
2
p.m.
This
one
will
be
landlord
focused
on
how
to
lawfully
increase
rents
and
then
rounding
out
September.
We
have
September
21st
at
2
p.m.
B
If
you're
a
tenant-
and
you
receive
a
termination
notice,
if
you're
a
landlord
thinking
about
serving
a
termination
notice,
we
can
give
sort
of
advice
around
those
things.
We
do
have
a
legal
resources
who
join
us
virtually
and
provide
support,
and
we
also
have
other
Support
Services
provided
by
CSA
and
the
county
where
people
can
get
information
about
food
distribution,
different
types
of
financial
assistance,
our
mediation
services,
homelessness,
prevention,
resources
and
much
more
any
questions
about
upcoming
events.