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Rent board denies 40 West Street rent‑increase application for incomplete MNOI worksheet
Summary
The Portland Rent Board voted to deny a landlord’s application for a rent increase at 40 West Street because the submitted materials did not include a complete MNOI worksheet required by board rules; decision notes base‑year questions if the landlord re‑applies.
The Portland Rent Board approved written findings denying the landlord’s request to raise rents at 40 West Street after concluding the application was materially incomplete.
Aga, the board’s legal adviser, summarized the draft findings and the board’s rationale: the board’s adopted MNOI worksheet functions as a formal rule and the landlord had not provided a complete worksheet or the information necessary for the board to calculate a fair return under section 6‑234(b)(4). “The landlord failed to meet the standard in section 6‑234(b)(4), and for that reason did not meet its burden of proof,” Aga said as she walked members through the draft.
Members thanked staff for the draft findings and unanimously voted to approve the findings of fact and conclusions of law as drafted. The findings note a secondary issue with the application’s choice of base year and instruct that, if the landlord re‑applies, the landlord bears the burden of proving any deviation from the presumptive 2019 base year.
The board directed staff to prepare the final written decision for posting and continued to emphasize that a complete MNOI worksheet is required for future adjudication.
