Landlord's rent‑increase application for 8 Massachusetts Ave tabled while NOV is resolved

The Portland Rent Board voted March 25 to table an application from landlord Justin Taberge for a capital‑improvement rent increase at 8 Massachusetts Ave, all three units, until the city’s Notice of Violation (NOV) is resolved or the next regularly scheduled meeting.

Taberge, the applicant, told the board he bought the building in 2015, completed substantial renovations to Unit 3 and invested in building systems, and had not previously raised rents until after 2020. "I reimbursed the tenants for the overage," Taberge said, adding that his attorney advised resetting rents to base rent plus CPI and that he could face a significant reduction if required to revert to the last code‑compliant rents. He told the board his 2024 gross rental income in the application was $52,003.20 and that the NOV figures would drop that number to about $48,696 if he complies with the NOV amounts.

A tenant, Tyler, who filed written comment and joined the meeting, said he had not received previously described phone calls and was unaware of any monthly rebate before Taberge contacted him; Tyler confirmed he later received two months' reimbursement. "We decided to write that public comment because we'd received the documents from the city... we never seen [sic]" the earlier letter, he said.

Board members and staff focused on whether the board should determine the correct last compliant base rent now or wait for a court decision or a consent agreement between the landlord and the city. Dylan, staff, said the NOV remains unresolved and that the order to correct directs reverting to the last code‑compliant rent level per the ordinance (section cited as 6‑234 f). An attorney identified by others as counsel noted that if the compliant rent level must be established by court or agreement, the effect of conditioning an approval on that determination is functionally similar to tabling the matter.

Board member Buddy argued the fair‑return calculation and capital amortization are tied to the net operating income definitions in the ordinance and recommended using the correct base rent before final increases are calculated. Kristen and others noted that even an approved increase would be subject to the board’s annual limits and the 10% per‑year cap; unused approved increases convert to "banked rent." The board discussed whether to close the public record and either rule now with a condition or table until the NOV is resolved.

The board closed the public hearing, then moved and unanimously approved a motion to table the application until the next regularly scheduled Rent Board meeting or until the NOV is resolved. Counsel offered to prepare a near‑final draft decision so the board could finalize numbers quickly if a consent agreement is filed before the next meeting. Taberge said he would aim to provide any consent agreement to Dylan within a week.

Next steps: the board will await a consent agreement or court determination about the last code‑compliant rent level, after which staff will remap the application numbers for a final decision at an upcoming meeting.