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Portland Rent Board affirms findings on three Eastern Residential rent filings
Summary
The board approved findings of fact and conclusions of law for Eastern Residential/Port Property submissions at 13 Montreal Street, 19 Montreal Street and 304 Eastern Promenade, adopting a case-by-case definition of "housing service costs" tied to lease terms and documentation.
The Portland Rent Board on Dec. 18 approved written findings and conclusions for three related housing-service-cost (MNOI) applications filed by Eastern Residential/Port Property covering 13 Montreal Street, 19 Montreal Street and 304 Eastern Promenade.
Board counsel Aga told members the ordinance language applicable to these filings predates March 1, 2023, and explained the board should apply the superior court's 2021 guidance that 'housing service costs' be interpreted in light of the parties' rental agreement and documented, reasonable costs. Aga summarized the board's reasoning: not all landlord operating costs qualify as housing service costs, but documented, reasonable operational expenses and certain back-of-house overhead may.
For 13 Montreal (8 units) the board adopted findings that the requested increase amounted to about $62.14 per unit per month. For 19 Montreal (9 units) the requested monthly increase was presented as $112.30 per unit; the board approved the findings. For 304 Eastern Promenade (8 units) the requested increase was $41.30 per unit; the board approved the findings and conclusions by roll call votes.
Aga noted the board explicitly recorded that the spike in property management, utilities and insurance in those years appeared driven by pandemic-related inflation and that the board's ruling did not necessarily set binding precedent for future applications. The board voted to adopt the draft decisions and instructed staff to finalize decision forms for signature.
