Rent Board — Portland, ME
Date: 2025-10-08
Time: 17:30

RENT BOARD
 October 8, 2025
 5:30 PM

ZOOM INFORMATION:

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II. ROLL CALL:

III. COMMUNICATIONS:
 Please note: Written public comment must be received via email
 (rentboard@portlandmaine.gov) by 12pm the day before the scheduled
 meeting. The subject line needs to read "Written Public Comment"
 a. City Staff Recommended Amendments to Rent Stabilization Ordinance
IV. New Business

 a. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 89 Spruce St, Units 1-12
 CBL: 056-D-010-001
 Type of Increase: Increased Housing Service Costs
 b. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 105 Forest Ave, Units 001-007
 CBL: 036-H-001-001
 Type of Increase: Increased Housing Service Costs
 c. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 139 William St, Units 1-8
 CBL: 081-A-013-001
 Type of Increase: Increased Housing Service Costs
 d. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 202 Dartmouth St, Units 1-10, 12 & 14
 CBL: 081-A-010-001
 Type of Increase: Increased Housing Service Costs
 e. Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 72 Park Ave, Units 1-12
 CBL: 048-B-008-001
 Type of Increase: Increased Housing Service Costs
 f. Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 157 Grant St, Units 1-26
 CBL: 053-B-024-001
 Type of Increase: Increased Housing Service Costs
 g. Discussion of Rescheduling Tabled Applications from September 24, 2025
 h. Rent Increase Notice Subcommittee Update
 i. MNOI Rent Increase Application Form Subcommittee Update
 j. Rent Board Annual Report Update
V. Adjourn

RENT BOARD
 October 8, 2025
 5:30 PM

ZOOM INFORMATION:

 Join from PC, Mac, iPad, or Android:
 https://portlandmaine-
 gov.zoom.us/j/83118470888?pwd=gpgmP7ct0CZNj8aq3P772lln3AONd7.1
 Passcode:746071

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 +16469313860,,83118470888#,,,,*746071# US
 +19292056099,,83118470888#,,,,*746071# US (New York)

 Join via audio:
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 +1 929 205 6099 US (New York)
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 +1 253 215 8782 US (Tacoma)
 +1 346 248 7799 US (Houston)
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 Webinar ID: 831 1847 0888
 Passcode: 746071
 International numbers available: https://portlandmaine-
 gov.zoom.us/u/kbHHAelgY3




 Page 1
II. ROLL CALL:

III. COMMUNICATIONS:
 Please note: Written public comment must be received via email
 (rentboard@portlandmaine.gov) by 12pm the day before the scheduled
 meeting. The subject line needs to read "Written Public Comment"
 a. City Staff Recommended Amendments to Rent Stabilization Ordinance
IV. New Business

 a. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 89 Spruce St, Units 1-12
 CBL: 056-D-010-001
 Type of Increase: Increased Housing Service Costs
 b. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 105 Forest Ave, Units 001-007
 CBL: 036-H-001-001
 Type of Increase: Increased Housing Service Costs
 c. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 139 William St, Units 1-8
 CBL: 081-A-013-001
 Type of Increase: Increased Housing Service Costs
 d. Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 202 Dartmouth St, Units 1-10, 12 & 14
 CBL: 081-A-010-001
 Type of Increase: Increased Housing Service Costs




 Page 2
 e. Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 72 Park Ave, Units 1-12
 CBL: 048-B-008-001
 Type of Increase: Increased Housing Service Costs
 f. Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 157 Grant St, Units 1-26
 CBL: 053-B-024-001
 Type of Increase: Increased Housing Service Costs
 g. Discussion of Rescheduling Tabled Applications from September 24, 2025
 h. Rent Increase Notice Subcommittee Update
 i. MNOI Rent Increase Application Form Subcommittee Update
 j. Rent Board Annual Report Update
V. Adjourn




 Page 3
City of Portland | Permitting and Inspections
Zachary Lenhert, Licensing and Housing Safety Manager




To: City of Portland Rent Board
From: Licensing and Housing Safety Office
Re: Suggested Amendments to Rent Stabilization Ordinance

Attached are proposed amendments to the Rent Stabilization Ordinance that Permitting
& Inspections staff has developed in partnership with the Office of the Corporation
Counsel.

Many of the changes are “housekeeping” items that do not substantively change the
intent of the ordinance. The substantive recommended changes are intended to aid
effective enforcement of the ordinance by simplifying language, clarifying requirements,
and streamlining processes.

The Housing and Economic Development Committee will be discussing these
suggested amendments at their meeting scheduled for October 21, 2025.


Thank you,

City of Portland
Business Licensing & Housing Safety Office




 389 Congress Street, Portland, Maine 04101 | 207-874-8900 |rentboard@portlandmaine.gov

 Page 4
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-75 Rev. 9-8-2004


 Chapter 6 BUILDINGS AND BUILDING REGULATIONS*


 * * *
  ARTICLE VI. RESIDENTIAL RENTAL UNIT REGISTRATION REQUIREMENTS

Sec. 6-150. Purpose.

 The proliferation of real estate proprietorships,
partnerships, and trusts having undisclosed, anonymous or otherwise
unidentifiable principals, owning large numbers of residential long
term rental properties, sometimes managed through unresponsive
property management companies, has impeded the proper enforcement
of this chapter, chapter 12 and other ordinances of the city. Non-
owner occupied short term rental units may remove housing units
from the long term rental market and may contribute to the increase
in the cost of rental housing in the City.

 This article is intended to require the disclosure of the
ownership of such property, and to regulate the renting of property
within the City, and to make owners and persons responsible for the
maintenance of property more accessible and accountable with
respect to the premises, to ensure that housing units remain
available for rent to those who reside or seek to reside within the
City, to ensure that residential areas are not unduly impacted by
the operation of short term rentals, and to ensure that owners and
tenants comply with chapters 6 and 10 of the City Code.
(Ord. No. 443-89, 6-7-89; Ord. No. 53-89, 7-17-89; Ord. 298-14/15, 7-6-2015;
Ord. 179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018)

Sec. 6-150.1. Definitions.

 The definitions in 6-106 apply to this Article. The following
words and phrases, when used in this article, shall have the
meanings respectively ascribed to them:

 Island Short Term Rental shall mean a short term rental
located on one of the following islands in the City of Portland:
Peaks Island, Great Diamond Island, Cushing Island, Little Diamond
Island, House Island, and/or Cliff Island.

 Long Term Rental shall mean the letting of a rental unit in
whole or in part for thirty (30) days or more.

 Mainland Short Term Rental shall mean a short term rental
located within the limits of the City of Portland, but not on Peaks
 6-35




 Page 5
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-75 Rev. 9-8-2004
Island, Long Island, Great Diamond Island, Cushing Island, Little
Diamond Island, House Island and/or Cliff Island.

 Multi-Unit shall mean a single, detached building in common
ownership interest containing more than one (1) residential or
commercial unit, as determined by the Director of the Permitting




 6-36




 Page 6
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-150.1 Rev. 11-19-2018

and Inspections Department.

 Owner-Occupied shall mean a rental unit owned and occupied by
the registrant as his or her primary residence. Accessory dwelling
units as defined in Chapter 14 of this Code, are not considered
owner-occupied units for purposes of short term rental registration
and regulation.

 Owner shall mean each individual person or entity including,
without limitation, all partners, officers, or trustees of any real
estate trust; all members or managers of a limited liability
company; and all officers and directors of a corporation; that is
the record owner of a building or property.

 Primary Residence shall mean the dwelling in which a person
resides as his or her legal residence for more than one half of a
year and registers as his or her address for tax and government
identification purposes.

 Registrant shall mean the owner of a rental unit, or a tenant,
with permission from the owner, seeking to register a rental unit.

 Rental unit is a portion of any residential structure that is
rented or available for rent to any individual or individuals for
any length of time. Any portion of a Single-Family Home,
Condominium, or Apartment that is rented or available to be rented
to an individual or individuals who are not the owner or owners
shall be considered a rental unit. Dwelling units and rooming units
as defined in §6-106 are, without limitation, rental units.
A Single-Family Home, Condominium, or Apartment that is occupied by Formatted: Line spacing: single
the owner or owners, and of which no portion is rented or available
for rent, is not a rental unit. Rental Units do not include
residential care facilities or assisted living facilities as
defined in 22 M.R.S. § 7852.1

 Short Term Rental is the letting of a rental unit, in whole or
in part, for less than thirty (30) days.

 Single Family Home shall mean a detached residential dwelling
or a single condominium unit containing one dwelling unit.

 Tenant-Occupied shall mean a rental unit in which the
registrant is not the record owner of the rental unit, but lawfully
occupies the rental unit as his or her primary residence.
(Ord. 179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018)


 6-36




 Page 7
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-150.1 Rev. 11-19-2018
Sec. 6-151. Registration required.




 6-37




 Page 8
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-151 Rev. 11-8-2022


 (a) Registration of Ownership.

 1. Rental units must be registered in accordance with this
 article by January 1st of each year; Rental units
 entering the rental housing market must be registered
 within fourteen days. Registration must be renewed
 annually, on or before January 1st, including updating
 all changes in previously submitted registration
 information.

 2. If a rental unit is rented as both a short term and long
 term rental, it must be separately registered for each
 type of rental.

 3. Each owner, manager, and person/entity otherwise
 responsible for the rental unit, such as a property
 manager, shall be obligated under this article. Any new
 owner, manager, or responsible person/entity must apply
 to register within thirty (30) days of purchase of the
 rental unit or transfer of management or responsibility.
 New owners or tenants applying to register an existing
 short term rental unit are considered new applicants and
 shall be subject to all limitations and regulations in
 effect at the time of the application.

 4. A rental unit shall not be considered registered until
 all information and fees are provided to the satisfaction
 of the City’s Permitting and Inspections Department or
 its designee.

 5. As a condition of registration, all owners must allow
 onsite inspections of their property including, without
 limitation, all rental units.

 (b) Information/Documentation Required. Registration must be
completed on forms supplied by the City’s Permitting and
Inspections Department or their designee and must provide, at a
minimum, the following information:

 1. The street address of the building;

 2. The unit number of the rental unit;

 3. The tax assessor's chart, block and lot of the property
 on which the building is located;



 6-37




 Page 9
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-151 Rev. 11-8-2022

 4. The owner of the property, including the owners’ name,
 address, telephone number, and email address. If the
 owner is anything other than a natural person, the
 following information must also be included:

 a. The name of each individual person that has an
 ownership interest in any entity that is the record
 owner. This includes, without limitation, all
 partners, officers, or trustees of any real estate
 trusts; any members or managers of a limited
 liability company; and all officers and directors
 of a corporation; and

 b. The residential street address, e-mail address and
 home phone number of at least one (1) such
 individual person;

 5. The manager of the property or the person or persons
 responsible for its regular maintenance or repair, as
 well as a name, address, telephone number, and email
 address for that person or entity; and

 6. The person designated as the agent of the owner or owners
 for the service of notices and civil process by the city,
 as well as their name, address, telephone number, and e-
 mail address. Service of notice and process upon the
 person so designated shall be deemed conclusive service
 upon the owner or owners.

 (c) Additional Information Required for Short Term Rentals. A
short term rental shall not be considered registered unless and
until the registrant has submitted a complete application together
with all information required by this article, paid the fee
required by Sec. 6-152, and a registration number has been issued.

 In addition to the information required in Section 6-151(b), a
Short Term Rental registrant must provide at a minimum the
following information and any other information requested by the
City’s Permitting and Inspections Department or their designee:

 1. A short term rental application;

 2. Whether the rental unit is owner-occupied, tenant-
 occupied, or non-owner occupied;

 a. For Short Term Rental units that are owner-
 occupied, the owner must provide a notarized


 6-38




 Page 10
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-151 Rev. 11-8-2022

 primary residence affidavit, on forms provided by
 the City. The owner must also produce for review
 one of the following demonstrating residency at the
 owner-occupied unit:

 i. Valid driver’s license or other state-issued
 identification;

 II. Valid motor vehicle registration;

 iii. Proof of homestead exemption; or

 iv. Other documentation proving primary residence
 to the satisfaction of the City’s Permitting
 and Inspections Department.

 b. For Short Term Rental units that are tenant-
 occupied, the tenant must provide a notarized
 primary residence affidavit, and a notarized
 statement of permission by his/her landlord, both
 on forms supplied by the City. The tenant must also
 produce for review one of the  following
 demonstrating residency at the tenant-occupied
 unit:

 i. Valid driver’s license or other state-issued
 identification;

 ii. Valid motor vehicle registration; or

 iii. Other documentation proving primary residence
 to the satisfaction of the City’s Permitting
 and Inspections Department.

 3. The address and tax assessor’s chart, block, and lot
 number of all other short term rentals in the City in
 which the registrant has an ownership interest;

 4. For short term rental units that are within a condominium
 or homeowner’s association, an attestation that use of
 the unit as a short term rental is allowed under the
 relevant documents; and

 5. If the application is for renewal, the number of nights
 the unit was rented on a short-term basis and the number
 of nights the unit was rented on a long-term basis in the
 previous reporting year. For purposes of reporting this


 6-39




 Page 11
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-151 Rev. 11-8-2022

 information, November 1 through October 31 is the
 reporting period for a renewal of January 1.

 (d) Display of Short Term Rental Registration Number Required.
 Once registration is approved by the City, each short term rental
shall be given a registration number, which much be displayed in
the rental unit and in any and all advertisements for the rental
unit.

 (e) Upon request by the City, at any time, all registrants
and/or agents of short term rental units must provide the City with
their registration information, rental history, and upcoming
reservation information. Failure of short term rental unit owners,
tenants, and/or their representatives to adequately respond to
inquiries by the City within a forty-eight (48) hour period shall
be considered a violation under this ordinance.

 (f) Additional Information Required for Covered Units. A
Covered Unit, as defined by Section 6-232 of this Chapter, shall
not be considered registered unless and until the registrant has
submitted the following additional information:

 1. The current monthly* rent charged at the time of
 registration;

 2. The increase in monthly* rent (if any) when
 compared to the previous registration;

 3. Whether the increase (if any) is attributable to: (1)
 the Allowable Increase Percentage and Tax Rate Rent
 Adjustment, as defined in Section 6-232; or (2) also
 includes Banked Rent, as defined in Section 6-232;

 4. The amount of monthly* Banked Rent, if any,
 accumulated since the previous registration;

 5. The amount of security deposits or other payments
 demanded in addition to rent for each Covered Unit; and

 6. The number of bedrooms, number of bathrooms, and the
 presence or absence of a kitchen from each Covered
 Unit.

 (g) Registration data made available. The City’s Permitting
and Inspections Department or its designee is required to make
anonymized data from the registration of Covered Units available
to the Rent Board at the Board’s request. Such data shall not

 6-40




 Page 12
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-151 Rev. 11-8-2022

include the names of tenants or landlords, or street and unit
numbers of any reported units.2
(Ord. No. 443-89, 6-7-89; Ord. No. 53-89, 7-17-89; Ord. No. 246-97, 4-9-97; Ord.
298-14/15, 7-6-2015; Ord. 69-15/16, 10/5/2015; Ord. 179-16/17, 3-27-2017; Order
99-18/19, 11-19-2018; By Referendum, 11-3-2020; By Referendum, 11-8-2022)

Sec. 6-152. Registration Fees.

 (a) Annual Registration Fee. Upon initial registration and
by January 1st of each year, registrants shall pay the City a
registration fee for each rental unit, in the amounts set forth
below. A rental unit shall not be considered registered unless and
until this fee is paid in full.

 (b) Long Term Rental Registration Fee. The registrant of a
long term rental shall pay fifty dollars ($50.00) to the City by
January 1st of each year. Regardless of any discount a Landlord may
be entitled to under subsection (d) below, thirty dollars ($30)
from each registration fee shall be appropriated to Housing Safety
Office to cover the administrative expenses of the Rent Board,
including the hiring of additional administrative staff if
necessary.

 (c) Short Term Rental Registration Fee Structure. The
registrant of a short term rental shall pay the fee specified in
the chart below. All fees will be cumulative and will increase
based on the number of total units registered by the owner. The
fee total will accumulate first by counting any owner occupied,
tenant occupied, and/or island rentals first, and then fees will be
attributed at the higher rate for any non-owner occupied mainland
units.

 Owners and tenants may register more than one owner occupied
or tenant occupied unit (bedrooms, separate spaces, etc.) within
their primary residence.




 6-41




 Page 13
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-152 Rev. 11-8-2022




Owner Occupied Units, Tenant 1st Unit - $100
Occupied Units, Island Short Term 2nd Unit - $250
Rentals 3rd Unit - $500
 4th Unit - $1,000
 5th Unit - $2,000


Non-Owner Occupied Mainland Units 1st Unit - $200
 2nd Unit - $500
 3rd Unit - $1,000
 4th Unit - $2,000
 5th Unit - $4,000


 (d) Registration and Renewal Fee Discounts. The following
discounts shall apply to the registration and renewal fees:

 1. $10 discount for each rental unit within a fully-
 sprinkled building as verified by a testing report,
 maintenance report or a maintenance contract, which
 shall be provided at the time of registration and upon
 each registration renewal;

 2. $7.50 discount for each rental unit within a building
 with a centrally-monitored fire alarm as verified by
 Fire Department logs or an alarm contract, which shall
 be provided at the time of registration and upon each
 registration renewal;

 3. $5.00 for a rental unit that has been subject to and
 has passed a Housing and Urban Development Housing
 Quality Standard (HQS) inspection within the preceding
 year as verified by the HQS inspection report, which
 shall be provided at the time of registration and upon
 each registration renewal;

 4. $10.00 for a rental unit that has been subject to and
 has passed a Housing and Urban Development Uniform
 Physical Condition Standard (UPCS) inspection within
 the preceding year as verified by the UPCS inspection


 6-42




 Page 14
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-152 Rev. 11-8-2022

 report, which shall be provided at the time of
 registration and upon each registration renewal;

 5. $2.50 for a rental unit that is subject to a signed
 lease which prohibits smoking by tenants as verified by
 a copy of the current lease, which shall be provided at
 the time of registration and upon each registration
 renewal. The existence of and enforcement of this
 provision may be verified through an inspections of
 each rental unit.

 The total amount of discounts from the annual registration
or renewal fee as described above shall not exceed $20.00 per
unit.

 (e) Registrations that are not received by January 15, or
within 14 days after entering the rental housing market,
whichever is later, shall be subject to a late fee of $50 per
unit, and registrations that are not received by February
15February 1st, or within 45 30 days after entering the rental
housing market, whichever is later, shall be subject to a late
fee of $200determined by the city council3 per unit.
 Registrations shall not be renewed unless and until the
registrant pays any applicable late fee. Incomplete or inaccurate
registrations may be rejected and subject to all applicable late
fees upon resubmission. The Permitting and Inspections Director
may waive a late fee upon a showing of both hardship and good
cause as to why the renewal was not timely.
(Ord. No. 443-89, 6-7-89; Ord. No. 53-89, 7-17-89; Ord. 298-14/15, 7-6-2015; Ord.
179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018; Ord. No. 244-18/19, 5-30-2019;
By Referendum, 11-3-2020; By Referendum, 11-8-2022)

Sec. 6-153. Limitations on Short Term Rental Units.

 (a)  Occupancy Limit. Overnight short term rental guest
occupancy in each rental unit will be limited to two (2) guests per
bedroom plus no more than two (2) additional guests.

 (b)  Limitation on Total Number of Short Term Rentals. No
more than 400 non-owner occupied mainland short term rental units
shall be registered in any one calendar year.

 A mainland short term rental unit in an owner-occupied multi-
unit, where the unit is not the primary residence of the owner,

 6-43




 Page 15
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-153 Rev. 3-27-2017

shall be counted as a non-owner occupied unit.

 (c)  Limitations on number of Short Term Rentals an Individual
or Entity May Register. An individual or entity may only register
up to five 5) short term rental unit in the City, including owner
occupied, non-owner occupied, and island short term rental units,
in any one (1) calendar year. For purposes of this section, short
term rental units registered by an entity in which the registrant
has an ownership interest shall be counted towards this limit.

 (d)  No individual or entity may register a short term rental
in any single family home unless it is owner-occupied; tenant-
occupied with permission of the owner; or located on an Island.

 (e)  The number of short term rental units that may be
operated in a multi-unit building are as follows:

Total # of Units in a # of Short Term Rental Units Allowed in a
Building Building
 Owner Occupied Non-Owner Occupied
 2 1 1
 3 2 2
 4 3 2
 5 4 2
 6-9 5 4
 10+ 5 5

 1. Tenant-occupied  units, where  the tenant is the
 registrant, shall be counted towards these limits.

 2. Owner-occupied units shall be counted towards these
 limits.

 (f) Notwithstanding the requirements of subsections (c) and
(e), owners may register up to five (5) owner-occupied units
(bedrooms, separate spaces, etc.) within their primary residence.
(Ord. No. 443-89, 6-7-89; Ord. No. 53-89, 7-17-89; Ord. 298-14/15, 7-6-2015; Ord.
179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018)

Sec. 6-154. Allocation of Short Term Rentals.

 (a) Non-owner occupied mainland short term rental units,
which are limited by section 6-153(b), shall be allocated on a
first come, first registered basis. Once the total number of units
identified in section 6-153(b) has been reached, a waitlist will be
formed to help gauge market demand.


 6-44




 Page 16
City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-153 Rev. 11-19-2018


 (b) Notwithstanding the limitations in section 6-153, current
registrations of short term rentals may be renewed each year upon
application and payment of the registration fee, so long as the
renewal is complete by January 1 of that year.

 1. Failure to renew by January 1 shall result in the
 forfeiture of the right to renew the registration, and
 any subsequent application shall be treated as a new
 application for registration.

 2. The renewal date for 2019 only shall be February 1, 2019.

 (c) No registration under this Article shall be
transferrable or assignable.
(Ord. 179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018)
Sec. 6-155. Violations.

Specific violations of this article, subject to the provisions of
section 6-1, include, but are not limited to:

 (a) Any person, business entity, or other organization
failing to timely register a rental unit, including providing all
required information and paying the required registration fee;

 (b) Any person, business entity, or other organization
failing to timely file any required update to the registration;

 (c) Any person, business entity, or other organization
failing to acquire and/or display the required short term rental
registration number;

 (d) Any person, business entity, or other organization
providing false information with respect to registration.
Notwithstanding the provisions of § 6-1, the penalty for such
violation shall be $1,000.00;

 (e) Any person, business entity, or other organization
renting any rental unit that is not registered under this article,
or to permitting the occupancy of such premises without
registration;

 (f) Failure of short term rental unit owners, tenants, and/or
their representatives to adequately respond to inquiries by the
City pursuant to 6-152(e) within a forty-eight (48) hour period;
(Ord. 179-16/17, 3-27-2017; Order 99-18/19, 11-19-2018)



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-155 Rev. 11-19-2018

Sec. 6-156. Enforcement.

 (a) The building authority as defined in section 6-1 or his or
her designee is authorized to institute or cause to be instituted
by and through the office of the corporation counsel, in the name
of the city, any and all actions, legal or equitable, that may be
appropriate or necessary for the enforcement of the provisions of
this article.

 (b) No certificate of occupancy shall be issued for property
that is subject to the registration requirements of this article,
but is not registered in accordance with this article.

 (c) Any short term rental at a property that is designated by
the City as a disorderly house and fails to remedy the disorderly
house as required by section 6-202, shall, at the discretion of
the City Manager or his or her designee, have its registration
revoked and be ineligible for registration for a period of twelve
(12) months. Any registration after revocation shall be considered
a new registration and not a renewal. Upon the second designation
of the short term rental property as a disorderly house, the City
shall, at the discretion of the City Manager or his or her designee,
prohibit the registered owner from operating the property as a short
term rental or post the property against occupancy pursuant to
section 6-201.

 (d) Fines may be attributed to Property Management firms found
operating short term rental units in violation of this article.
These fines may be in addition to fines levied against owners of
property.

 (e) Violations of the provisions of this article shall be
grounds to deny an application or renewal application for a short
term rental registration.
(Ord. 179-16/17, 3-27-2017; Ord. No. 29-17/18, 9-18-2017; Order 99-18/19, 11-
19-2018)
Sec. 6-157. Revenue Allocation.

 Notwithstanding section 6-1(b), all revenue generated from
short term rental registration fees and penalties shall be used to
first fund short term rental related administrative costs. Any
remaining revenue shall be deposited in the Housing Trust Fund, as
defined in Section 14-489.
(Ord. 179-16/17, 3-27-2017)
Sec. 6-158. Reserved.



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-217 Rev. 11-7-2016




 * * *


 ARTICLE XI. TENANT HOUSING RIGHTS

6-219. Purpose.

 The purpose of this Article is to address housing insecurity
in the City of Portland; to minimize the potential adverse
impacts of un-noticed or short-notice rent increases; to educate
at-will Tenants of their rights; and to help bring about through
fair, orderly and lawful procedures, the opportunity of each
person within the City of Portland without regard to, among other
things, receipt of public benefits, to rent, enjoy and retain
secure housing.
(Ord. No. 76-16/17, 11-21-2016)

6-220. Applicability.

 This article shall apply to any and all rental housing units
in the City limits of Portland.
(Ord. No. 76-16/17, 11-21-2016)

6-221. Definitions.

 Applicant means a prospective tenant for a rental housing
unit, who signs or intends to sign a lease or other contractual
agreement in relation to the unit.

 Discrimination means the unjust or prejudicial treatment of
different categories of people, when those categories are
protected from discrimination by municipal, state and federal
law, including, but not limited to, categories based on race,
color, religious creed, sex, sexual preference, national origin,
age, physical handicap or mental handicap, and based on receipt
of public assistance, as provided in 5 M.R.S. §4581-A and as
amended from time to time.

 Housing unit means one (1) or more rooms forming a single
unit including food preparation, living, sanitary and sleeping
facilities used or intended to be used by two (2) or more persons




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-221 Rev. 11-8-2020

living in common or by a person living alone.

 Landlord means an owner, manager, lessee, sublessee,
managing agent or other person having the right to rent or sell
or manage any housing unit or rental property or any agent of
these individuals or entities.

 Rental Application means the written document used by a
landlord to determine if an applicant is qualified to become a
tenant of a rental housing unit.

 Rental Application Fee means any cost, payment, charge or
any other kind of expenditure or remuneration, including
administrative costs, that an applicant is required to pay in
order to have his or her rental application considered by the
landlord.

 Tenant means an individual, individuals, an entity,
entities, a lessee or sub-lessee, or other person having the
right to rent any housing unit or rental property or any agent of
these individuals or entities. This definition includes a Tenant
at will as described in 14 M.R.S. §6002, as amended from time to
time.
(Ord. No. 76-16/17, 11-21-2016; Ord. No. 206-19/20, 8-3-2020)

6-222. Discrimination prohibited in sale or rental of housing
units.

 (a) A Tenant shall have the right to secure a rental
housing unit without being refused that right on the basis of
discrimination because of race, color, sex, sexual orientation,
physical or mental disability, ancestry, national origin, or
family status, pursuant to 5 M.R.S. Section 4581-A, et. seq., as
amended from time to time.

 (b) A Landlord shall not refuse to rent or impose terms of
tenancy on any Tenant who is a recipient of federal, state or
local public assistance, including medical assistance and housing
subsidies primarily because of the individual’s status as a
recipient as described in 5 M.R.S. §4581-A(4), as amended from
time to time.
(Ord. No. 76-16/17, 11-21-2016)

6-223. Notification of rent increases.

 Notwithstanding 14 M.R.S. Section 6015, a Landlord shall



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-157 Rev. 4-4-2011
give ninety (90) days’ written notice of any rent increase to a
Tenant.
(Ord. No. 76-16/17, 11-21-2016; By Referendum, 11-8-2022)

6-223.1. Rental applications, generally; application fees
prohibited.

 (a) Disclosure of Application Criteria. Before accepting a
rental application, a landlord must disclose to the applicant, in
writing, the criteria on which the application will be judged.

 (b) Availability of Units. Landlords shall only advertise
rental housing units, receive applications, and screen applicants
for rental housing units when such rental housing units are
actually available and ready for occupancy or are expected to be
available for occupancy within a reasonable time period;
provided, however, that an applicant may consent to be screened
and placed on a waiting list. For purposes of this Section, a
rental housing unit is no longer considered available if a
different applicant has been screened by the landlord, has been
offered the rental housing unit and accepted it, and has placed a
deposit on the rental housing unit. A rental housing unit may be
considered available if a tenant of a unit has declared they will
not be renewing a lease or have otherwise vacated the property.
Landlords shall document the date and time that deposits are
placed on rental housing units.

 (c) Application Fees. All application fees for rental
housing units are prohibited, including, but not limited to, any
fees or charges to applicants for the following: national, state
and local criminal background checks, credit reports, rental
history records and/or reference checks, eviction records and/or
employment verification.
(Ord. No. 206-19/20, 8-3-2020; By Referendum, 11-8-2022)

Sec. 6-223.2 Maximum deposit.

 Notwithstanding 14 M.R.S. Section 6032, a lease or tenancy
at will agreement for a dwelling intended for human habitation
may not require a security deposit equivalent to more than the
rent for one (1) month.
(By Referendum, 11-8-2022)

6-224. Protection of Tenants.

 (a) The Housing and Economic DevelopmentPermitting and
Inspections* Department or its designee shall create and make
available on the City’s publicallypublicly*

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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-224 Rev. 5-8-2024

accessible web site a plain language document that explains
Tenancy at Will and the rights and responsibilities of Tenants
and Landlords of rental housing units. That document shall also
include a checklist of required notices concerning environmental
lead hazards, energy efficiency or radon testing, pursuant to 14
M.R.S. Sections 6030-B, 6030-C, and 6030-D, respectively, as
amended from time to time.

 (b) The document referenced above shall be provided by
Landlords to all Tenants in the City of Portland at the
commencement of the rental of a housing unit and shall be
provided again upon any update to the document made by the
Housing and Economic DevelopmentPermitting and Inspections*
Department.

 (c) An acknowledgement of receipt of the documents
described above must be signed by all Tenants, and a copy of the
acknowledgement kept on file by the Landlord for at least three
(1) years and made available for inspection at the request of the
City of Portland.

 (d) At the time of the annual registration required by
Chapter 6, Article VI of the City of Portland Code of Ordinances,
all Landlords must certify to the City that they have provided
the above-referenced documents to each of their respective
Tenants.
(Ord. No. 76-16/17, 11-21-2016; Ord. No. 88-20/21, 9-21-2020)

6-225. Reserved.

*Editor’s Note— Pursuant to Council Order 156-23/24, passed on April 8, 2024,
Section 6-225, which created a Rental Housing Advisory Committee, was repealed
in its entirety.

6-226. Variation by agreement.

 No provision of, or right conferred by, this Article may be
waived by a Tenant, by agreement or otherwise, and any such
waiver shall be void. Any attempt to require, encourage or
induce a Tenant to waive any provision hereof or right hereby
shall be a violation of this Article. Nothing herein shall be
construed to void any term of a lease that offers greater rights
than those conferred hereby.
(Ord. No. 76-16/17, 11-21-2016)

6-227. Limitation of liabilities.

 (a) Nothing in this Article shall be interpreted to

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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-162 Rev. 4-4-2011
contravene the general laws of the State of Maine; and

 (b) Nothing in this Article shall be construed to create
additional liabilities greater than those already existing under
law or to create new private causes of action.
(Ord. No. 76-16/17, 11-21-2016)

6-228. Enforcement and remedies.

 (a) Any violation of sections 6-223, 6-223.1, 6-224 and 6-
225 of this Article may be considered a civil infraction and may
be enforced pursuant to the Portland City Code Chapter 1, §1-15.

 (b) Any violation of §6-222 of this Article shall be
enforced as required by the Maine Human Rights Act, 5 M.R.S.
§§4551, et seq.
(Ord. No. 76-16/17, 11-21-2016; Ord. No. 206-19/20, 8-3-2020)

6-229. Severability.

 The provisions of this Article are severable. If any of its
provisions are held invalid by act of competent jurisdiction, all
other provisions of this Article shall continue in full force and
effect.
(Ord. No. 76-16/17, 11-21-2016)

 ARTICLE XII. RENT CONTROL AND TENANT PROTECTIONS

Sec. 6-230. Purpose.

 The purpose of this Article is to address increasing rental
costs within the City of Portland; to promote neighborhood and
community stability; to protect the City’s tenant population; to
limit arbitrary evictions; and to stabilize and make more
predictable future rent increases, all while remaining in
conformance with Maine law, and ensuring that Landlords within
the City receive a fair return on investment.
(By Referendum, 11-3-2020)

Sec. 6-231. Applicability.

 This Article shall apply to Rental Units in the City limits
of Portland, exempting the following:

 (a) Rental Units owned, operated, or otherwise managed by
municipal housing authorities, as defined in 30-A M.R.S.
§4721(1), as amended;



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-231 Rev. 11-8-2022

 (b) Accommodations Rental Units* provided in a hospital,
convent, church, religious facility, residential care facility,
assisted living facility4 or extended care facility;

 (c) Dormitories owned and/or* operated by an
institution of higher education, or by Portland Public
Schools;

 (d) Rental Units within a building containing only two (2),
three (3) or four (4) or less* dwelling units, one of which the
property owner currently occupies as his or her principal
residence;

 (e) Accommodations Rental Units* where the amount of
rent charged is either controlled or subsidized by a
federal, state, or local governmental agency; and

 (f) Accessory dwelling units, as defined and understood in
Chapter 14 of this Portland City Code.
 Formatted: Font: 12 pt
 (g) Registered Short Term Rentals.5
 Formatted: Indent: Left: -0.35", Hanging: 0.5", Right:
 0.08", Line spacing: single, No bullets or numbering,
 (h) A rental unit occupied by a landlord’s Qualified Tab stops: Not at 1.15" + 1.15"
Family member as defined in Section 6-232.6
 (f) Formatted: Font: 12 pt
(By Referendum, 11-3-2020 By Referendum, 11-8-2022) Formatted: Indent: Left: -0.35", Hanging: 0.5", Right:
 0.08", Line spacing: single, No bullets or numbering,
Sec. 6-232. Definitions. Tab stops: Not at 1.15" + 1.15"
 Formatted: Indent: Left: 0.65", No bullets or
 Allowable increase percentage means the standard amount that numbering
the rent of a Covered Unit may be raised within the following
Calendar Year based on the current rent amount*, unless a
Landlord is entitled to additional increases as provided in
Sections 6-233 or 6-234 below. The allowable increase percentage
shall be determined on September 1 of each year beginning on
September 1, 2021, and shall be equal to 70 percent of the
change in the Consumer Price Index (CPI-U) for Greater Boston
Metro Area for the preceding twelve (12) months, as published in
August by the United States Bureau of Labor Statistics or its
designee. For the purposes of this ordinance, the Rent Board
shall presume that the Allowable increase percentage is
sufficient to allow a reasonably prudent landlord who received a
fair return on investment prior to the enactment of this
ordinance to continue to maintain a fair net operating income
that increases over time at a just and reasonable rate, yielding
a fair return on investment under the normal course of doing
business.

 Base rent means the initial amount of rent that a Landlord
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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-231 Rev. 11-8-2022
charged for a Covered Unit prior to the increases allowed under
this ordinance, as more specifically defined in Section 6-233 of
this Article. For the purposes of the ordinance, the Rent Board
shall presume that the Base Rent was sufficient to have provided
the Landlord a fair return on investment prior to the enactment
of this ordinance.
 Banked rent means the Base Rent for a Covered Unit, plus *
any increase in rent to which the Landlord was entitled under




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 City of Portland Buildings and Building Regulations
 Code of Ordinances Chapter 6
 Sec. 6-232 Rev. 11-8-2022

 Sections 6-233 and 6-234 below, but that was not yet applied to
 the rent charged to a Tenant.

 Constructed means a Rental Unit that has received its final
 certificate of occupancy from the City’s Permitting and
 Inspections Department, or its designee.

 Covered unit means a Rental Unit within the City of Portland
 that does not fall within a category exempted from this Article
 by Section 6-231.

 Current covered unit means a Covered Unit that is occupied
 by a Tenant on January 1, 2021.

 Discontinued covered unit means a Covered Unit that is not
 occupied on January 1, 2021 and has not been registered with the
 City of Portland under Section 6-151 of this Chapteras a rental
 unit for a minimum of two (2) years or is covered by an exemption
 under section 6-231 for a minimum of two (2) years.7

 Fair return on investment means an amount sufficient to
 allow a just and reasonable rate of return, to encourage the
 investment of capital in the rental housing market, to fairly
 compensate investors for the risks they have assumed, and to
 achieve minimum constitutionally protected standards. For the
 purposes of this ordinance, a Fair return on investment must be
 calculated using Maintenance of Net Operating Income methodology,
 as that term is used in other jurisdictions with similar
 ordinances, that presumes the net operating income the landlord
 earned from a Covered unit during calendar year 2019 yielded a
 fair return on investment, unless the landlord proves that
 special or peculiar circumstances prevented the landlord from
 receiving a fair return on investment during that period. The
 Rent Board may adopt rules or regulations to ensure the fair and
 consistent application of such methodology.

 Housing Services means services that are included in a prior Formatted: Tab stops: 4.75", Left
rental agreement or arrangement, including but not limited to, Formatted: Font: 12 pt
heat, utilities, laundry facilities, parking and storage.8
 Formatted: Font: 12 pt
 Landlord means an owner, manager, managing agent, sublessor,
 or other person having the right to rent or sell or manage any
 housing unit or rental property or any agent of these individuals
 or entities.

 Major renovation or reconfiguration means one or more
 capital investments or improvements where the total cost of
 construction or improvement attributable to the Rental unit
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 City of Portland Buildings and Building Regulations
 Code of Ordinances Chapter 6
 Sec. 6-232 Rev. 11-8-2022
 involved exceeds 20% of the property value, prior to improvement,
 of the Rental unit involved, as determined by the city’s tax
 assessor.


 New Tenancy means a person or persons entering into an Formatted: Font: Italic
agreement to occupy a Rental Unit for the first time, including the
addition or successor tenant to an existing rental agreement prior
to its expiration or termination.9




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-232 Rev. 11-8-2022


 Qualified family member means a spouse, parent, grandparent,
brother, sister, child or grandchild related by blood, marriage,
or adoption.

 Rent means the consideration, including any deposit, bonus,
benefit, or gratuity demanded or received for, or in
consideration with, the use or occupancy of rental units and
housing services. Such consideration includes, but is not limited
to, monies and fair value of goods and services rendered to or
for the benefit of the Landlord under the Rental Agreement, or in
exchange for a Rental Unit, or housing services of any kind.

 Rent board means the set of appointed individuals
responsible for the administration of this Article, in accordance
with the terms set forth below.

 Rent stabilization allowances means collectively the
Allowable Increase Percentage and any additional rent increase
exemptions approved by the Rent Board under Section 6-234 of this
Article.

 Rent stabilization ordinance means Chapter 6, Articles XII
and XIII of the Code of Ordinances, City of Portland, Maine, as
amended.

 Rental agreement means a contract between a Landlord and a
Tenant for the use and/or occupancy of a Rental Unit.

 Rental unit means any dwelling unit that is rented or
otherwise made available for rent for residential use or
occupancy, together with all additional rights, privileges, or
services connected with use or occupancy of such a unit,
including but not limited to vehicle parking spaces, storage, and
commons areas and/or recreational facilities held out for use by
the Tenant.

 Rental year means a period of twelve (12) consecutive months
beginning on January 1, 2021, or the date on which a Covered Unit
enters the rental housing market, whichever is earlier.


 Tenancy means the right or entitlement of a Tenant to use or
occupy a rental unit.




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-232 Rev. 11-8-2022

Tenant-Based Rental Assistance means any and all forms of tenant-
based rental assistance and vouchers, including but not limited
to:

 (a) Tenant-based rental assistance through the Section 8
 Housing Choice Voucher Program, 42 U.S.C § 1437f (o);

 (b) Tenant-based rental assistance through the HOME
 Investment Partnerships Act at title II of the Cranston-
 Gonzalez National Affordable Housing Act, as amended, 42
 U.S.C § 12701 et seq.;

 (c) Tenant-based rental assistance under the HOD-Veterans
 Affairs Supportive Housing (HUD-VASH), authorized by§ 8
 (o) (19) of the United States Housing Act of 1937, 42
 U.S.C. § 1437f (o) (19);

 (d) Tenant-based rental assistance through the Shelter Plus
 Care Program authorized by title IV, subtitle F, of the
 Stewart B McKinney Homeless Assistance Act, 42 U.S.C. §§
 11403-11407b, as amended;

 (e) Tenant-based rental assistance through the Supportive
 Housing Program authorized by title IV, subtitle F, of
 the Stewart B McKinney Homeless Assistance Act, 42 U.S.C.
 §§ 11381-11389, as amended;

 (f) Tenant-based rental assistance through the Section 8
 Disaster Voucher Program (DVP);

 (g) Tenant-based rental assistance through the Housing
 Opportunities for Persons with AIDS (HOPWA) Program, 42
 U.S.C. § 12901 -12912 as amended;

 (h) Tenant-based rental assistance through the Community
 Block Grant Program, 42 U.S.C. § 5301 et seq. as amended;

 (i) Tenant-based rental assistance through the Continuum of
 Care Program authorized by subtitle C of title IV of the
 McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§
 11381-11389;

 (j) Tenant-based rental assistance through the Rural
 Development Voucher Program authorized through § 542 of
 the Housing Act of 1949, as amended. See 78 Fed. Reg.
 49374 (Aug. 14, 2013) (proposed rule);



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-232 Rev. 11-8-2022

 (k) Tenant-based rental assistance through the Maine
 Bridging Rental Assistance Program, authorized by M.R.S.
 Title 34-B § 3011;

 (l) Tenant-based rental assistance through the Maine State
 Housing Authority Home To Stay Program, M.R.S. Title 30-A
 § 4771;

 (m) Tenant-based rental assistance through the Maine State
 Housing Authority Stability Through Engagement Program,
 M.R.S. Title 30-A § 4771;

 (n) Tenant-based rental assistance through the City of
 Portland's Tennant Based Rental Assistance Program,
 M.R.S. Title 30-A § 4771;

 (o) Tenant-based rental assistance through the City of
 Portland's General Assistance Program, authorized by
 M.R.S. Title 22 § 4301 et seq.; and

 (p) Such other Tenant-based rental assistance or rental
 vouchers or rental coupons as may be authorized under any
 federal, state, or local program.
 Tenants Union means any group, organization, committee,
collective, association or entity, whether incorporated or
unincorporated, of any kind, whatsoever, in which tenants
participate and which exists for the purpose, in whole or in
part, of dealing with Landlords concerning rental conditions or
any matter related to the Landlord-tenant relationship, including
but not limited to the rights and interests of tenants under this
Chapter.
(By Referendum, 11-3-2020; By Referendum, 11-8-2022)
Sec. 6-233. Establishment of base rent.

 (a) Base Rent for Current Covered Units. Beginning on
January 1, 2021, each Covered Unit shall be registered with the
City in accordance with Section 6-151. Such registration must
include proof of the rent charged by the Landlord for each
Covered Unit as of June 1, 2020 (i.e., through presentation of a
valid Rental Agreement, rent payment receipt, or other acceptable
means within the opinion of the City). This amount shall be the
Base Rent for purposes of the Rent Stabilization Ordinance,
except as otherwise provided within this section..

 (b) Base rent for Discontinued Covered Units.



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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-233 Rev. 11-8-2022

 (i) If a Covered Unit was not required to be
 registered with the City as of April 1, 2021,
 but is required to be registered with the City
 after such date, the Base Rent shall be the
 amount of Rent charged 120 days prior to the
 date when the Covered Unit became required to
 be registered, or if no Rent was charged at
 such time, the first Rent charged by the
 Landlord any time thereafter. The Base Rent for
 any new Covered Unit entering the rental
 housing market for the first time shall be the
 Rent charged to the first Tenant, as set by the
 Landlord.
 (ii) If a Covered Unit was required to be registered
 with the City as of April 1, 2021, but is
 removed from the rental housing market or
 becomes exempt under section 6-231*, the Base
 Rent for such a Covered Unit upon reentry to
 the rental housing market shall be the Banked
 Rent, as measured from the time the Covered
 Unit was removed from the rental housing
 market.
 (iii) If a Covered Unit was required to be
 registered with the City as of January 1, 2021,
 but is subsequently removed from the rental
 housing market or becomes exempt under section
 6-231* for a period of at least sixty
 (60) months, the Base Rent for such a Covered
 Unit shall be the Rent charged to the first
 Tenant upon reentry into the rental housing
 market, as set by the Landlord.

 (c) Base rent following major renovation or reconfiguration
of Covered Units. Upon a major renovation or reconfiguration of a
Covered Unit, the Landlord may charge no more than the Banked
Rent for that unit, or may apply to the Rent Board for
determination of the appropriate increased Base Rent. When
determining the appropriate increased Base Rent, the Rent Board
may consider factors including the increase in floor area, the
addition or upgrade of amenities, the amount necessary to ensure
a fair return on investment, and any other factor determined
relevant in the opinion of the Rent Board; the Rent Board may
consider any amount of Banked Rent accrued for that unit, but
after determining the appropriate Base Rent, all previously
accrued Banked Rent shall be forfeited..

 (d) Base rent following consolidation of Covered Units. When
two (2) or more Covered Units are consolidated to create a single

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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-233 Rev. 11-8-2022

Covered Unit, the Base Rent for the resulting Covered Unit shall
be equal to the Banked Rent of the larger of the two previously-
existing Covered Units, increased by a percentage equal to the
increase in square footage of the new Covered Unit.
(By Referendum, 11-3-2020; By Referendum, 11-8-2022)

Sec. 6-234. Rent increase limitations.

 (a) Beginning on September 1, 2021, and occurring no later
than September 1 of each subsequent year, the Housing Safety
OfficePermitting and Inspections Department* shall establish
and publish the Allowable Increase Percentage for the
following calendar year, and shall announce and explain the
methodology for calculating the Allowable Increase Percentage
at the first meeting of the Rent Board following such
publication. The Rent Board shall hear public comment after
such announcement.

 (b) A Landlord may not increase the rent charged for a
Covered Unit within twelve (12) months following a previous Rent
increase. After twelve (12) months, the Landlord may only
increase the rent charged for a Covered Unit by an amount that
conforms to the following specifications:

 1. Annual Allowable* Increase Percentage. Unless a
 Landlord qualifies for an additional increase as
 further described below, rent for a Covered Unit may
 not be increased by more than the Allowable Increase
 Percentage.

 2. New Tenancy. A landlord may increase the rent on a
 Covered Unit by five percent (5%) of the base rent 10 in
 addition to any other allowable increases when a new
 tenant occupies a unit, but only if the previous
 Tenancy was terminated voluntarily by the previous
 Tenant, without coercion or unreasonable influence from
 the Landlord or terminated for cause as defined in
 section 6-236 (a)(1)11. This increase may be applied at
 most once per twelve (12) months, regardless of the
 number of new tenancies. The Housing Safety
 OfficePermitting and Inspections Department* shall
 investigate any report that the Tenancy was not
 terminated voluntarily by the Tenant, or that the
 Tenant was coerced or unreasonably influenced by the
 Landlord to terminate the Tenancy. Any tenancy in which
 the property owner served the tenant with a notice to
 quit or summons and complaint for forcible entry and
 detainer shall not be deemed to be a situation in which
 the previous tenant voluntarily terminated the tenancy.
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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-234 Rev. 11-8-2022

 3. Banked Rent. If the Landlord has banked additional rent
 increases, in accordance with Section 6-235 below, this
 banked amount, in whole or in part, may be added to the
 increases permitted by subsections (i) and (ii) above.

 4. Additional Rent Board Approved Increases necessary to
 ensure a fair return on investment. In addition to the
 above rent adjustments, upon receipt of an application
 submitted by the Landlord, the Rent Board may approve
 additional rent increases necessary to ensure a fair
 return on investment.

 To calculate what amount is necessary to ensure a fair
 return on investment, the Rent Board shall employ
 generally acceptable Maintenance of Net Operating
 Income methodology, and may not consider any valuation-
 based or capitalization-based methodology or any
 calculation or methodology factoring market rent or
 market value of the Covered Unit.

 Rent board approval under this provision is intended to
 ensure a fair rate of return under abnormal,
 unexpected, or irregular circumstances, including, but
 not limited to, capital improvements and minor
 renovations, uninsured repairs, the provision of new
 housing services, revaluation for property tax
 assessment, or other unusual expenses. The Rent Board
 shall presume that the Allowable Increase Percentage
 will be sufficient to satisfy all regular increases in
 operating costs, routine maintenance expenses, and
 other normal or regular costs or expenses, allowing the
 Landlord to maintain a fair return on investment.

 The Landlord submitting an application for an
 additional rent increase bears the burden of proof,
 including the burden of providing all necessary
 documentation, to demonstrate that the increase is
 necessary to receive a fair return on investment. Such
 documentation shall include, but is not limited to:
 historical net operating income, revenue and expenses;
 the costs and expenses requiring Rent board approval of
 an additional increase; and what portion of shared
 costs and expenses can be fairly attributed to each
 individual covered unit.




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-234 Rev. 11-8-2022

 (c) Except when a landlord reestablishes base rent
pursuant to section 6-233, aAt* no time may a Landlord raise the
rent of a Covered Unit by more than ten (10) percent. Any rent
increases available to a Landlord in excess of ten (10) percent
must be banked for later use.

 (d) Before increasing the rent of a Covered Unit, a Landlord
must send a signed 12 document to the Tenant(s) no fewer than
ninety
(90) days before the effective date of the rent increase. This
document must include the date on which the Tenancy began, the
date on which the rent will be increased, the amount of the
increase, any remaining Banked Rent that has not been included in
the Rent increase, and the appropriate justifications for such a
rent increase as defined in Section 6-234(b) above. Failure to
provide such documentation shall be considered a violation of
this Article, and any notice not containing all such
documentation shall be void. The landlord shall keep a copy of
all increase notices for a period of three (3) years and make
them available for inspection upon request by the city. 13

 (e) Tenants, individually or collectively, who receive
notice of a rent increase that they believe does not conform with
this Section may file a complaint with the Housing Safety
officePermitting and Inspections Department.* The Housing Safety
officePermitting and Inspections Department* shall promptly
investigate such complaint and take appropriate action. If,
within fourteen (14) days of filing such a complaint, the notice
is not rescinded by the Landlord, an appeal of said rent
increase may be filed with the Rent Board. Upon receipt of the
appeal, the Rent Board shall schedule a public hearing to be
held no more than twenty-one (21) daysat the next available
regularly scheduled meeting* after the filing of the completed
appeal * application. At the public hearing, the Board will
consider de novo the rent charged under the existing Rental
Agreement, the amount of the proposed new rent, and the factors
which may or may not allow such an increase in accordance with
this Article. Upon consideration of such evidence, the Board
will render a decision as to whether the increased rent is
allowable. An increase determined by the Board to be more than
is allowed by this Article shall be considered a violation and
the Board may determine the appropriate penalty for
any such violation in a manner consistent with the provisions of
this Code. Multiple tenants collectively alleging the same or
similar violations against a single Landlord, including but not
limited to a Tenants Union or members of or participants in a
Tenants Union, may file their complaints or appeals collectively
as a single document, and the Rent Board shall hear all such
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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-234 Rev. 11-8-2022
matters together as a single complaint or appeal; but
notwithstanding such consolidated hearing the Rent Board may
elect to issue separate decisions.




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-234 Rev. 11-8-2022

 f) A landlord who is not in substantial compliance with any
provision of this chapter, including but not limited to the Rent
Stabilization Ordinance, may not demand, accept or retain any
rent increase otherwise permitted by this section or any other
provision of this Code or Maine statute.
(By Referendum, 11-3-2020; By Referendum, 11-8-2022)
Sec. 6-235. Process of banking rent increases.

 If a Landlord chooses to not impose any rent increases to
which they are entitled pursuant to Section 6-234 above, these
increases may be banked, in whole or in part, with the annual
registration required under Section 6-151. Banked increases may
be used to raise the rent of Covered Units in subsequent years in
addition to Rent Stabilization Allowances, subject to the
limitations in Section 6-234, including that no single increase
of such rent shall exceed ten (10) percent.
(By Referendum, 11-3-2020; By Referendum, 11-8-2022)

Sec. 235.1. Alternative calculation of maximum allowable rent.

 At no time shall any Landlord charge Rent on a Covered Unit
that exceeds the Base Rent plus any accrued increases allowed
under this Ordinance, and any Landlord who charges Rent on a
Covered Unit that is greater than such amount is in violation of
this Ordinance. This section shall not be construed to
retroactively revoke any allowable increases accrued under
previous versions of this Ordinance.
(By Referendum, 11-8-2022)

Sec. 6-236. Termination of Tenancies.

 (a) In order to be terminated by a Landlord, all tenancies
must be terminated by providing a minimum of 90 days' written
notice to Tenant except as provided below:
 1. "For Cause" tenancies terminable on 7 days' notice
 pursuant to 14 M.R.S. § 6002(1) may be terminated in
 accordance with Section 6002(1);

 2. Short-term rentals with a term of fewer than 30 days'
 are exempt from the 90-day notice period outlined
 herein;


 3. Where a Landlord provides the amount of one month's
 rent as reimbursement to Tenant for the inconvenience
 of termination, tenancies may be terminated by notice
 to the Tenant of sixty (60) to eighty-nine (89) days;


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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-236 Rev. 11-3-2020


 4. Where a Landlord provides the amount of two months'
 rent as reimbursement to Tenant for the inconvenience
 of termination, tenancies may be terminated by notice
 to the Tenant of thirty (30) to fifty-nine (59) days.

 (b) Reimbursement amounts outlined under subsections (a)
above are lump-sum amounts payable in a single installment for
the collective benefit of all tenants of a unit. Tenants are
responsible for allocating the reimbursement amount among
themselves. Reimbursements must be paid to the tenant(s) no
later than sixty (60) days after the termination of the
tenancy. 14
 (b) Formatted: Indent: Left: 0.65", No bullets or
(By Referendum, 11-3-2020; By Referendum, 11-8-2022) numbering

Sec. 6-237. Discrimination prohibited in sale or rental of
housing units.

 (a) A tenant shall have the right to secure a rental
housing unit without being refused that right on the basis of
discrimination because of race, color, sex, sexual orientation,
physical or mental disability, ancestry, national origin, or
family status, pursuant to 5 M.R.S. Section 4581-A, et. seq., as
amended from time to time.

 (b) A landlord shall not refuse to rent or impose terms of
tenancy on any tenant who is a recipient of federal, state or
local public assistance, including medical assistance and housing
subsidies primarily because of the individual's status as a
recipient as described in 5 M.R.S. §4581-A(4), as amended from
time to time.

 (c) It shall be prohibited for a landlord to refuse to rent
or negotiate for the rental of, or otherwise make unavailable or
deny a dwelling to any tenant because of the tenant's source of
income or because of the requirements of any program providing
the source of income;

 (d) It shall be prohibited for or a landlord to refuse to
participate in or comply with any federal, state, or local
requirements of a tenant-based rental assistance program,
including, but not limited to the following:

 1. Refusing to allow inspections of a dwelling by the
 public housing authority or other entity administering
 a tenant-based rental assistance program.


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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-237 Rev. 11-8-2022

 2. Refusing to make reasonable repairs necessary for the
 dwelling to meet the housing quality standards of the
 tenant-based rental assistance program; such repairs
 will be considered reasonable if they do not
 substantially alter or change the housing unit or do
 not require repairs substantially different from those
 that would be required to bring the rental unit into
 compliance with the Maine Warranty of Habitability Act
 or local building or housing codes applicable for new
 construction.

 3. Refusing to complete any necessary paperwork, including
 but not limited to such documents as the Request for
 Tenancy Approval form, the Housing Assistance Payments
 Contract, and the Tenancy Addendum or applicable
 General Assistance forms; and

 4. Refusing to provide information required by the public
 housing authority or other entity administering the
 source of income or tenant-based rental assistance
 program.

 (e) It shall be prohibited for a Landlord to refuse to rent
or negotiate for the rental of, otherwise make unavailable or
deny, a dwelling to a Tenant, retaliate against, or otherwise
discriminate against a Tenant because the Tenant, or a Tenants
Union on behalf of the Tenant, has complained or initiated a
complaint or appeal to assert the Tenant's rights or interests
under this Ordinance, or because the Tenant is a member of or
participates in a Tenants Union. There is rebuttable presumption
that any of the above-referenced* adverse actions by the
Landlord, including but not limited to forcible entry and
detainer, was commenced in retaliation against the Tenant if,
within six months prior to the commencement of the adverse action
the Tenant, or a Tenants Union on behalf of the Tenant,
complained or initiated a complaint or appeal to assert the
Tenant's rights or interests under this Ordinance.
(By Referendum, 11-3-2020; By Referendum, 11-8-2022)

Sec. 6-238. Notice of ordinance to tenants.

 (a) The Planning DepartmentPermitting and Inspections
Department* or its designee shall create and make available on the
City’s publicly accessible web site a plain language document that
explains the rights, responsibilities, and protections created by
this Ordinance.



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 City of Portland Buildings and Building Regulations
 Code of Ordinances Chapter 6
 Sec. 6-243 Rev. 11-8-2022

 (b) The document referenced above shall be provided by
 Landlords to all Tenants in Covered Units at the commencement of
 the rental of the Covered Unit and shall be provided again upon
 any update to the document made by the City.

 (c) An acknowledgement of receipt of the document described
 above must be signed by all Tenants, and a copy of the
 acknowledgement kept on file by the Landlord for at least three
 (3) years and made available for inspection at the request of the
 City of Portland.

 (d) Landlords of buildings shall post a copy of the document
 referenced above in at least one (1) conspicuous common area
 within the building housing the Covered Units.15 Commented [AM1]: Consider deleting or
 (By Referendum, 11-3-2020) amending. This one is tricky for units
 that do not have a common area.
 Sec. 6-239. Non-waiver of rights.

 No provision of, or right conferred by, this Article may be
 waived by a Tenant, by agreement or otherwise, and any such
 waiver shall be void. Any attempt to require, encourage, or
 induce a Tenant to waive any provision hereof, or right hereby,
 shall be a violation of this Article. Nothing herein shall be
 construed to void any term of a Rental Agreement that offers
 greater rights than those conferred hereby.
 (By Referendum, 11-3-2020)

 Sec. 6-240. Enforcement and remedies.

 (a)The city shall have the right to request and inspect any
documents available to the landlord which contain rental data or
other information in order to determine compliance with this
Article. A landlord’s failure to respond or refusal to provide
data within thirty (30) days of a written request by the city
shall be deemed a violation of this Article.

 (b)When a violation is found to exist within the meaning of
this Article, the Building Authority or their designee shall give
the landlord a written notice and order to correct which shall set
forth the violation and shall contain the time limit for
correction thereof.

 (c)When it is determined that, within the previous three (3) Commented [AM2]: Consider a reasonable
years from the date of inspection, a past or present tenant of a time limit for these?
unit has paid rent payments which exceed the amount of rent
permitted under this article, the Permitting and Inspections
Department shall impose the following fines on the current
landlord of the unit, based on the amount of the overpayment:16

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 City of Portland Buildings and Building Regulations
 Code of Ordinances Chapter 6
 Sec. 6-243 Rev. 11-8-2022
 Amount of Rent Overpayment Per Unit Fine Amount Per Unit Commented [AM3]: These amounts are just to
 give an example of a proposed fee
 $0.01-$499.99 $100.00 schedule/structure, not final.
 $500.00-$999.99 $150.00 Formatted Table
 $1,000.00-$2,499.99 $200.00
 $2,500.00-$4,999.99 $500.00
 $5,000.00-$9,999.99 $1,000.00
 > $10,000.00 $2,000.00

 Formatted: Indent: Left: 0.15"

 (d) In addition to the fines set forth in section 6-240 (c),
the current landlord must reimburse all amounts determined to have
been paid by a tenant which exceed the amount of rent permitted
under this article to the tenant(s) who paid the overage. Unless
otherwise agreed upon by the tenant, payment under this section
shall be made in a lump-sum amount, payable in a single
installment, for the collective benefit of the tenant(s) of a Commented [AM4]: Might be worth
rental unit during the tenancy when the overage was paid. considering whether prorated payments
Reimbursement under this section must be made no later than sixty are made to individual tenants or if
 tenants are responsible for allocating
(60) days after the city provides written notice to the landlord. payments amongst themselves like in
 section 6-236(b).
 (e)In addition to the fines set forth in section 6-240 (c),*
 Formatted: No bullets or numbering
aAny violation of this Article is considered a civil infraction;
all such violations, including any penalty determined to be
appropriate by the Rent Board, shall be enforced pursuant to the Commented [AM5]: Flagging because we
Portland City Code Chapter 1, §1-15. Violations of this Article, consider deleting this later in Rent
including enforcement of penalties for all such violations, shall Board jurisdiction.
be given the highest enforcement priority by the City.
 Formatted: Indent: Left: 0.15"
 (f)The building authority as defined in section 6-1 or their
 Formatted: Normal, No bullets or numbering
designee is authorized to institute or cause to be instituted by
and through the office of the corporation counsel, in the name of Formatted: Font: 12 pt
the city, any and all actions, legal or equitable, that may be Formatted: Font: 12 pt
appropriate or necessary for the enforcement of the provisions of
this article.* Formatted: Font: 12 pt, Superscript
 Formatted: Indent: Left: 0.15"
 (By Referendum, 11-3-2020; By Referendum, 11-8-2022) Formatted: Indent: Left: 0", First line: 0"

 Sec. 6-241. Limitation of Liabilities

 (a) Nothing in this Article shall be interpreted to
 contravene the general laws of the State of Maine.
  (By Referendum, 11-3-2020; By Referendum, 11-8-2022)


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Sec. 6-242. Severability.




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-239 Rev. 11-8-2022

 The provisions of this Article are severable. If any of its
provisions are held invalid by act of a court of competent
jurisdiction, all other provisions of this Article shall continue
in full force and effect.
(By Referendum, 11-3-2020)

Sec. 6-243. Tenants Unions.

 (a) Any Tenants Union shall have standing as a party to
assert the rights or interests of any Tenants, individually or
collectively, with prior consent of the tenants,17 under this
Chapter in any complaint, appeal, or other proceeding brought
before the Housing Safety OfficePermitting and Inspections
Department*, the Rent Board, or the Superior Court in an
appeal from any final decision under this Chapter in
accordance with Rule 80B of the Maine Rules of Civil
Procedure.

 (b)The Housing Safety OfficePermitting and Inspections
Department* shall create a registration form and accept the
registration of Tenants Unions representing Tenants with rights
and interests under this Chapter. Such registration shall
include the name, telephone number, and e-mail address of a
principal contact for the Tenants Union. The Housing Safety
OfficePermitting and Inspections Department* shall maintain and
publish a list of Tenants Unions registered under this section,
including contact information, for use by Tenants wishing to join
or contact a Tenants Union.
Nothing in this Section shall be construed to require a Tenants
Union to register with the City. The City shall be prohibited
from requesting, collecting, maintaining or publishing the names
of individual Tenant members of any Tenants Union.
(By Referendum, 11-8-2022)

Sec. 6-244. Appeals

 An aggrieved party may appeal from a decision of the Building
Authority or their designee made pursuant to this article to the
Rent Board within thirty (30) days from the date of the
decision.18 Formatted: Font: Not Bold, Superscript

Sec. 6-245 – Sec. 6-249. Reserved.

 ARTICLE XIII. RENT BOARD

Sec. 6-250. Creation; composition.

 There shall be a Rent Board of seven (7) members. Members of
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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-239 Rev. 11-8-2022
the Rent Board shall be residents of the city and shall not be
officers or employees of the city or any of its agencies or
departments.

 Two (2) members shall be appointed to fill at-large seats,
and may reside in any part of the city. The remaining five (5)
members shall be comprised of one member from each of the five
(5) city council districts with the highest concentration of
Rental Units. Should the location of said city council districts




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-243 Rev. 11-8-2022

be changed, the districts of Rent Board members shall change to
mirror such changes.

 The City shall take reasonable steps, but is not required,
to appoint to the Rent Board with no more than three (3)
landlords and at least three (3) tenants.
(By Referendum, 11-3-2020 By Referendum, 11-8-2022)

Sec. 6-251. Appointment; terms.

 The members of the Rent Board shall be appointed by the
MayorCity Council*, subject to the approval of the City Council
for terms of three (3) years. Such members shall serve until
their successors are duly appointed and qualified. Such terms
shall be staggered so that the terms of not more than three (3)
members shall expire in any calendar year.
(By Referendum, 11-3-2020 By Referendum, 11-8-2022)

Sec. 6-252. Vacancies.

 Permanent vacancies on the Rent Board shall be filled by the
City Council, in the same manner as other appointments hereunder,
for the unexpired term of the former member.
(By Referendum, 11-3-2020)

Sec. 6-253. Removal of members.

 Any member of the Rent Board may be removed for cause by the
City Council at any time; provided, however, that before any such
removal, such member shall be given an opportunity to be heard in
his or her own defense at a public hearing.
(By Referendum, 11-3-2020)

Sec. 6-254. Compensation.

 Members of the Rent Board shall serve without compensation.
(By Referendum, 11-3-2020)

Sec. 6-255. Chair and vice-chair.

 (a) The members of the Rent Board shall annually elect one
(1) of their number as chair to preside at all meetings and
hearings and to fulfill the customary functions of that office,
and another of their number as vice-chair. The chair may
administer oaths. The chair shall have the right, upon request,
to designate any person or organization as a specially interested



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Sec. 6-243 Rev. 11-8-2022

party for purposes of offering evidence and conducting cross-
examination at hearings.

 (b) In the absence of the chair, the vice-chair shall act as
chair and shall have all the powers of the chair. The vice-chair
shall have such other powers and duties as may from time to time
be provided by the rules of the Rent Board.
(By Referendum, 11-3-2020)

Sec. 6-256. Staff secretary; minutes, public records.

 The Housing Safety OfficePermitting and Inspections Office*
shall designate a member of its staff to serve as staff
secretary of the Rent Board and attend all its proceedings. The
staff secretary shall keep the minutes of the proceedings of the
Board, showing the vote of each member on every question, or his
or her absence or failure to vote, and shall maintain the
permanent records and decisions of all board meetings, hearings
and proceedings, and all correspondence of the board, as required
by statute. Such records shall be public records open to
inspection during working hours upon reasonable notice.
(By Referendum, 11-3-2020)

Sec. 6-257. Quorum and necessary vote.

 As to any matter requiring a hearing, no business shall be
transacted by the Rent Board without a quorum, consisting of four
(4) members being present. The concurring vote of at least four
(4) members shall be necessary to authorize any action by the
Board. If less than a quorum is present, the hearing may be
adjourned from time to time for a period not exceeding three (3)
weeks at any one time. The staff secretary shall notify in
writing al members of the date of the adjourned hearing and shall
notify such other interested parties as may be directed in the
vote of adjournment.
(By Referendum, 11-3-2020)

Sec. 6-258. Meetings, hearings, and procedures.

 (a) Regular meetings of the Rent Board shall be held at the
call of the chair or as provided by the rules of the board.
Special meetings shall be called by the chair at the request of
any three (3) members of the Board or at the request of the city
council. All meetings and hearings of the board shall be open to
the public.




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City of Portland Buildings and Building Regulations
Code of Ordinances Chapter 6
Sec. 6-243 Rev. 11-8-2022

 (b) The Rent Board shall adopt its own rules of procedure
for the conduct of its business not inconsistent with the
statutes of the state and this article. Such rules shall be filed
with the staff secretary and with the city clerk. Any rule so
adopted which relates solely to the conduct of hearings, and
which is not required by the statutes of the state or by this
article, may be waived by the board upon good cause being shown.
(By Referendum, 11-3-2020)

Sec. 6-259. Public hearings.

 Public hearings shall be held as required by the various
statutes, codes, and ordinances pursuant to which matters are
brought before the Rent Board and shall be conducted in
accordance with relevant state law, this code, and the rules of
the board.
(By Referendum, 11-3-2020)

Sec. 6-260. Record and decisions.

 (a) The minutes of the staff secretary, and the transcript
if one (1) is made, and all exhibits, papers, applications, and
requests filed in any proceeding before the Rent Board, and the
decision of the Board shall constitute the records.

 (b) Every final decision of the Rent Board shall include
written findings of fact, and shall specify the reason or reasons
for such decision.

 (c) The staff secretary shall mail notice of any decision of
the Rent Board to the applicant and any designated interested
parties within five (5) days of such decision.
(By Referendum, 11-3-2020)

Sec. 6-261. Conflicts.

 No member of the Rent Board shall participate in the hearing
or disposition of any matter in which they have an interest, as
defined by 30-A M.R.S.A. § 2604(4), as amended.
(By Referendum, 11-3-2020)

Sec. 6-262. Appeals to Superior Court.

 An appeal from any final decision of the Rent Board as to
any matter over which it has final authority may be taken by any
party or by any authorized officer or agent of the City to the



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City of Portland Buildings and Building Regulations
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Sec. 6-243 Rev. 11-8-2022

Superior Court in accordance with Rule 80B of the Maine Rules of
Civil Procedure.
(By Referendum, 11-3-2020)

Sec. 6-263. Jurisdiction and authority.

 In addition to the jurisdiction conferred on it by other
ordinances of the City and in accordance therewith, the Rent
Board shall have the following jurisdiction and authority:

 (a) To hear, review, and approve or deny Landlord
applications for rent increases greater than the Allowable
Increase Percentage, as provided for in Section 6-234 above;

 (b) To hear, review, and approve or deny Landlord
applications for increases in Base Rent due to the major
renovation or reconfiguration of existing Covered Units, as
provided for in Section 6-234 above;

 (c) To hear, review, and grant or deny complaints or appeals
from Tenants, individually or collectively, regarding Rent
charges or Rent increases not in compliance with the Rent
Stabilization Ordinance, or other matters fallingdecisions made
by the Permitting and Inspections Department within the scope of
the Rent Stabilization Ordinance, or allegations violations of
Maine statute regarding the habitability of residential units;
such appeals shall be heard and decided de novo. Appeals of
decisions of the Permitting and Inspections Department shall be
filed with the Rent Board no later than thirty (30) days after
the date of the decision;19

 (d) To hear, review, and approve or deny any requests from
Landlords for an extension of time in which to reinstate Tenants
temporarily displaced due to the Landlord’s performance of
necessary capital improvements to the Covered Unit and/or the
building in which said unit is housed;

 (e) To mediate any dispute arising between Landlords and
Tenants where both parties request such mediation by submitting
the landlord/tenant mediation form, as maintained and edited by
the Housing Safety Office, signed by both Landlord and Tenant;
all parties to such mediation must agree and shall be required to
mediate in good faith; such authority to mediate disputes shall
not be construed to limit the Rent Board's authority to hear,
review or decide any tenant complaint or appeal without the
consent of the Landlord; the Board may appoint one or more of its
members, in lieu of the full Board, to mediate disputes on a
rotating basis, and such mediation may be conducted outside of a
public hearing, and a quorum of the Rent Board shall not be
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required for such mediation;20




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 City of Portland Buildings and Building Regulations
 Code of Ordinances Chapter 6
 Sec. 6-263 Rev. 11-8-2022


 (f)(e) To* determine, in a manner consistent with the Commented [AM6]: If we add a comprehensive
 provisions of this Code, what penalties are appropriate for fine schedule, consider deleting.
 violations of the provisions of the Rent Stabilization Ordinance
 that are determined by the Rent Board;

 (g)(f) To prepare and recommend to the City Council
 changes and amendments to the City’s Rent Stabilization
 Ordinance;

 (h)(g) To prepare an annual report on the state of the
 City’s rental unit availability, which shall be presented to
 the City Council as part of a regularly-scheduled public
 hearing. This report shall include a summary of rents within
 each of the five
 (5) council districts. Such reporting may or may not be done in
 conjunction with similar reporting required of the City’s Rental
 Housing Advisory Committee, as established by this Chapter;*

(i) (h) To adopt or amend, subject to approval by the City Formatted: Font: 12 pt
Council, such rules and regulations as are necessary to implement,
 Formatted: Normal, Indent: Left: -0.25", No bullets or
or to allow for the efficient and consistent application of, the
 numbering
provisions of the Rent Stabilization Ordinance, including but not
limited to rules and regulations governing the proceedings of the
Rent Board's hearing of Landlord applications or of Tenant complaints
or appeals and rules and regulations providing standard procedures
and methodology for calculating the amount of rent necessary to
allow the Maintenance of Net Operating Income and yield a Fair Return
on Investment under various circumstances; the Board may adopt,
subject to approval by the City Council21, rules and regulations, Formatted: Font: 12 pt
including methodology, allowing the Housing Safety OfficePermitting
and Inspections Office* or a hearing officer to review Landlord Formatted: Font: 12 pt
applications and to complete standard calculations in order to
provide for or facilitate an expeditious process and efficient
consideration by the Rent Board; Rules and Regulations adopted
pursuant to this authority, and any amendments thereto, shall become
effective only when approved by the City Council, and shall be kept
on file in the Housing Safety Office;;

 (j) To initiate changes and amendments to the city’s Rent Commented [AM7]: This exists in Section 6-
 Stabilization Ordinance.* 263(g)

 Formatted: Font: 12 pt
 (i) To hear complaints from tenants, individually or
 collectively, made pursuant to section 6-237.22 Formatted: Indent: Left: -0.35", Hanging: 0.5", Right:
 (By Referendum, 11-3-2020; By Referendum, 11-8-2022) 0.08", Line spacing: single, No bullets or numbering,
 Tab stops: Not at 1.05"




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 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
Forty Nine, LLC
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
89 Spruce St, Units 1-12


CBL
056-D-010-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 50
 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
Forty Nine, LLC
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
105 Forest Ave, Units 001-007


CBL
036-H-001-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 51
 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
Forty Nine, LLC
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
139 William St, Units 1-8


CBL
081-A-013-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 52
 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
Forty Nine, LLC
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
202 Dartmouth St, Units 1-10, 12 & 14


CBL
081-A-010-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 53
 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
SPAR Inc.
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
72 Park Ave, Units 1-12


CBL
048-B-008-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 54
10/7/25, 11:46 AM City of Portland Mail - Written Public Comment



 Dylan Orr <dorr@portlandmaine.gov>



  Written Public Comment
  1 message

  Dustin Pillow <dustinpillow@gmail.com> Tue, Oct 7, 2025 at 9:22 AM
  To: rentboard@portlandmaine.gov

 Re: Rent Increase application for 72 Park Ave submitted by SPAR Inc.

 Dear Rent Board,

 I have been a resident of 72 Park Ave for nearly 3 years. I challenge the notion that rent needs increased because of
 increased property management service costs.

 Maintenance and general repairs need to be averaged over the course of years. Unplanned maintenance costs
 vary year to year, so using a year with high repair costs is unfair representation of actual annual maintenance
 costs. Work to the building that I am aware of was related to specific storm damage, so should not be ongoing year
 after year.
 I have witnessed little to nothing in the way of preventative and ongoing maintenance to the building and grounds.
 Nothing has been communicated to residents that the rent increase will provide new or enhanced services. We can
 expect more of the same, which is hardly anything.
 Basic property management services are lacking. During the winter we often do not have hot water, and even in
 the warm months will sometimes have issues getting hot water. Our circuit breaker trips several times per year
 using standard household appliances.
 SPAR Inc is using this as a tactic to appease their investors' profits by taking it directly from the paychecks of
 hardworking Portlanders with limited housing options. This is clearly an example of landlords taking advantage of
 tenants.

 If we felt the property management services were adequate or were planned to be increased/enhanced, this rent increase
 may be warranted. However, given our experience, this is not a warranted example for rent increase.

 Thank you,

 --
 Dusty Pillow




https://mail.google.com/mail/u/0/?ik=11a4336f94&view=pt&search=all&permthid=thread-f:1845329519007846904&simpl=msg-f:1845329519007846904 1/1
 Page 55
 City of Portland – Housing Safety Division
 LANDLORD APPLICATION FOR RENT INCREASE SUMMARY

Date of Hearing
October 8, 2025


Owner Name and Address
SPAR Inc.
82 Hanover St
Portland, ME 04101


Landlord’s Representative and Address
Caleb Normandeau, 82 Hanover St, Portland, ME 04101


Property Address
157 Grant St, Units 1-26


CBL
053-B-024-001


Tenants/Interested Parties
Yes


Type of Request

 Renovation of a unit or Reconfiguration of one or more units (6-233(c))
 Capital Improvement Costs, including financing costs (6-234(b)(5)(a))
 Uninsured repair costs (6-234(b)(5)(d))
X Increased housing service costs (6-234(b)(5)(c))
 Fair Rate of Return (6-234(b)(5)(d))




 Page 56
10/7/25, 11:48 AM City of Portland Mail - Written Public Comment - Rent Increase Application SPAR Inc. 157 Grant Street



 Dylan Orr <dorr@portlandmaine.gov>



  Written Public Comment - Rent Increase Application SPAR Inc. 157 Grant Street
  1 message

  Emily Landrum <emilyclandrum@gmail.com> Tue, Oct 7, 2025 at 11:38 AM
  To: rentboard@portlandmaine.gov

 Good morning,

 The property value at 157 Grant Street decreased significantly after this year's city inspection. The building has fallen into
 disarray while SPAR Inc. seeks to increase rent even further for the tenants. This proposed rent increase is a shameless
 cash grab by a large corporation who owns the majority of the rental properties in this city and expects that their monopoly
 will intimidate the city into not pushing back.

 Please do not subject the residents of Portland who live in this building to an even higher rent hike for a building that does
 not have the upkeep and amenities to match.

 Kind regards,

 Emily Landrum




https://mail.google.com/mail/u/0/?ik=11a4336f94&view=pt&search=all&permthid=thread-f:1845338090687188019&simpl=msg-f:1845338090687188019 1/1
 Page 57
City of Portland | Permitting and Inspections
Zachary Lenhert, Licensing and Housing Safety Manager




To: City of Portland Rent Board
From: Licensing and Housing Safety Office
Re: Application/Appeal Backlog as of October 8, 2025

The list below details the applications/appeals currently pending in front of the Rent
Board;

Tabled from September 24, 2025 regular meeting

 ●​ 56 Federal St - MNOI - Public Comment
 ●​ 489 Cumberland Ave - MNOI - Public Comment
 ●​ 218 Ocean Ave - MNOI - Public Comment
 ●​ 168-180 Woodford St - MNOI - Completeness Review
 ●​ 23 Saunders St - MNOI - Public Comment
 ●​ 118 Providence St - MNOI - Completeness Review

New Business

 ●​ 42 Prospect St - MNOI - Completeness Review (cut from September meeting
 due to full agenda)
 ●​ 8 Massachusetts Ave - MNOI - Completeness Review
 ●​ 33 State St - Tenant Rights Complaint
 ●​ 193 York St, Unit 2 - Tenant Rights Complaint

Previous Ordinance Applications

 ●​ 14-16 applications among 10-12 ownership entities

Thank you,

City of Portland
Business Licensing & Housing Safety Office



 389 Congress Street, Portland, Maine 04101 | 207-874-8900 |rentboard@portlandmaine.gov

 Page 58
 Remaining Previous Ordinance Rent Increase Applications


Batch 1 (Scheduled for 10/8/2025)
Forty Nine, LLC
 1.​ 89 Spruce
 2.​ 105 Forest
 3.​ 139 William
 4.​ 202 Dartmouth
SPAR, Inc
 1.​ 72 Park
 2.​ 157-159 Grant

Batch 2
Spring Street West Corp.
 1.​ 204-206 Spring
 2.​ 268-288 State
Woodford Highland LLC
 1.​ 125 Grant
 2.​ 129 Grant
 3.​ 133 Grant

Batch 3
West Company LLC
 1.​ 78 Danforth
 2.​ 137 Neal
Individually Owned
 1.​ 638 Congress St
 2.​ 341 Cumberland Ave
 3.​ 46 Market St

Batch 4
Individually Owned
 1.​ 439 Congress St
 2.​ 90 Pine St
 3.​ 131 Sherman St
 4.​ 132 Marginal Way

Unknown
 1.​ 117 Preble St
 2.​ 667 Congress St




 389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentboard@portlandmaine.gov

 Page 59

Remote Rent Board Meeting Minutes - Held Via Zoom

October 8, 2025

II. Roll Call - 0:00:55

Matthew Lax, Tenant, District 1 - Chair
Matthew Walker, Tenant, District 2
Christopher “Buddy” Moore, Tenant, District 3
Rebecca Bolduc, Homeowner, District 4
Austin Sims, Homeowner, District 5 - Vice Chair - Absent
Anne-Laure Razat, Tenant, At-Large - Absent at time of roll call
Kristen Carreras, Landlord, At-Large

Staff present:
Dylan Orr, Rental Registration Coordinator
Benjamin Plante, Esq., Counsel for the Rent Board



III. Communications - 0:01:59

 a.​ City Staff Recommended Amendments to Rent Stabilization Ordinance

0:02:25 - City Staff summarizes the attached memo.

IV. New Business - 0:04:28

0:08:20 - Anne-Laure Razat joins the meeting.

0:09:37 - Matthew Lax moves to recuse Matthew Walker from the Port Property deliberations
and public hearing. Seconded by Kristen Carreras (0-5; Walker recused, Sims absent) The
motion fails.

 a.​ Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 89 Spruce St, Units 1-12
 CBL: 056-D-010-001
 Type of Increase: Increased Housing Service Costs

0:25:50 - David Bergeron, a representative for the applicant, presents for agenda items IV.a.
through IV.d. as they are heard grouped by their ownership under Forty Nine, LLC.

No public comment or objectors spoke.
1:09:38 - Kristen Carreras moves to approve the application for 89 Spruce St, 139 William St,
105 Forest Ave and 202 Dartmouth St in the blended amount of $117.54. Seconded by
Anne-Laure Razat. (2-4; Walker, Moore, Razat, and Bolduc vote no, Sims absent). The motion
fails.

2:06:36 - Matthew Lax moves to approve the application for 89 Spruce St, 139 William St, 105
Forest Ave and 202 Dartmouth St in an amount to be determined. Seconded by Kristen Carreras.
(4-2; Lax and Walker vote no, Sims absent). The motion passes.

2:25:11 - Kristen Carreras moves to set the amount in the previous motion to $117.54.
Seconded by Matthew Lax. (4-2; Lax and Walker vote no, Sims absent). The motion passes.

 b.​ Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 105 Forest Ave, Units 001-007
 CBL: 036-H-001-001
 Type of Increase: Increased Housing Service Costs

See 0:25:50 through 2:25:11

 c.​ Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 139 William St, Units 1-8
 CBL: 081-A-013-001
 Type of Increase: Increased Housing Service Costs

See 0:25:50 through 2:25:11

 d.​ Rent Increase Application - Public Comment
 Owner: Forty Nine, LLC, 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 202 Dartmouth St, Units 1-10, 12 & 14
 CBL: 081-A-010-001
 Type of Increase: Increased Housing Service Costs

See 0:25:50 through 2:25:11

2:29:14 - Matthew Lax moves for a recess. Seconded by Matthew Walker. (6-0; Sim absent) The
motion passes.

2:29:45 through 2:35:15 - The Board takes a recess.
 e.​ Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 72 Park Ave, Units 1-12
 CBL: 048-B-008-001
 Type of Increase: Increased Housing Service Costs

2:36:14 - David Bergeron presents the application for agenda items IV.e. and IV.f. grouped
under the ownership of SPAR Inc.

2:42:56 - Tenants of the property speak as objectors.

No public comment received.

3:23:12 - Matthew Walker moves to reject the application for 157 Grant St and 72 Park Ave.
Seconded by Christopher “Buddy” Moore. (1-5; Lax, Moore, Bolduc, Razat and Carreras vote no,
Sims absent) The motion fails.

4:21:50 - Christopher “Buddy” Moore moves to table the application to the next regular or
special meeting. There is no second.

4:29:18 - Matthew Lax moves to approve the application with the clear capital improvement
items removed as to be determined. Seconded by Christopher “Buddy” Moore. (3-3; Walker,
Bolduc and Carreras vote no, Sims absent) The motion fails.

4:50:14 - Kristen Carreras moves to approve the application as written in the amount of
$125.97. Seconded by Matthew Lax. (3-3; Lax, Walker and Bolduc vote no, Sims absent). The
motion fails.

4:56:23 - Kristen Carreras moves to table the application to the next regularly scheduled
meeting. Seconded by Anne-Laure Razat. (6-0; Sims absent) The motion passes.

 f.​ Rent Increase Application - Public Comment
 Owner: SPAR Inc., 82 Hanover St, Portland, ME 04101
 Owner's Representative: Caleb Normandeau with Port Property
 Address: 157 Grant St, Units 1-26
 CBL: 053-B-024-001
 Type of Increase: Increased Housing Service Costs

See 2:36:14 through 4:56:23
 g.​ Discussion of Rescheduling Tabled Applications from September 24, 2025

4:58:08 - Christopher “Buddy” Moore moves to suspend the Rent Board rules to continue the
meeting to address agenda items IV.g. through IV.j. until 11:00 PM. Seconded by Matthew
Walker. (5-1; Razat votes no, Sims absent) The motion passes.

5:12:12 - Matthew Lax moves to schedule a special meeting for November 12, 2025 at 5:30 PM
and table agenda items IV.h. through IV.j. to that meeting. Seconded by Christopher “Buddy”
Moore. (6-0; Sims absent) The motion passes.

 h.​ Rent Increase Notice Subcommittee Update

See 5:12:12

 i.​ MNOI Rent Increase Application Form Subcommittee Update

See 5:12:12

 j.​ Rent Board Annual Report Update

See 5:12:12



V. Adjourn

5:16:50 - Christopher “Buddy” Moore moves to adjourn. Seconded by Kristen Carreras. (6-0;
Sims absent) The motion passes.