HomeMy WebLinkAbout1973-10-10 267 AA ORDER]6l AA
Introduced by Councilor Needham, C tober 10. 1973
CITY OF BANGOR
(TITLE.) (orbert city Cj,"%,'g., Cemnwu uon Re:....."aenc Conduct" Petition
By the City CaltntQ of the a9v ofBamyor.
ORDERED,
TUT the communication from the City Clerk relative to the "Rent
Control' petition is hereby received.
Q
—
26]
IN CITY COUNCIL
October 10, 1973 REcCE1VED
Passed.
ORDER 1913 Et T-4 PM 2: 07
xTY cab CITY CLERK'S OFFICE
Title, CITY U HINcnp, MPNE
C,Aty. Clerks, APMRicpti pie;,,:'}PM
Control' Petition
......................................
Introduced and 'filed
eby
ilawa c Kcxt/kwa Councilmen
Bangor, the center of Maine—the catea;ay to Maine4 North Woods and Seashore Reports
(94 of'Vaasos, dame
September 25, 1973
The Honorable City Council
Sportsmen:
At the request of Mark Schneider, i was asked to prepare the necessary
Petition to the City Council for the submission to the people of the
question, "Shall the City of Bangor adopt an ordinance establishing
rent control and a rent control Board, for the purposes of alleviating
the housing crisis
m
and controlling rents?"' The fors were prepared and
ten registered voters of the City originated the petition on August 10,
1973 at the office of the City Clerk.
The last day for signing the petition was September 24, 1973. At the
end of that day 584 persons had signed, and of that savors it is hereby
certified that 516 Were valid signatures.
A copy of the proposed ordinance was mailed to each Council member on
August 9, 1973.
The Petition is available for your inspection at the office of the City
Clerk.
Respectfully subvitted,
aY E.
C C k
.IEA: an
JAY E. ALJLJrY
(94 of'Vaasos, dame
September 25, 1973
The Honorable City Council
Sportsmen:
At the request of Mark Schneider, i was asked to prepare the necessary
Petition to the City Council for the submission to the people of the
question, "Shall the City of Bangor adopt an ordinance establishing
rent control and a rent control Board, for the purposes of alleviating
the housing crisis
m
and controlling rents?"' The fors were prepared and
ten registered voters of the City originated the petition on August 10,
1973 at the office of the City Clerk.
The last day for signing the petition was September 24, 1973. At the
end of that day 584 persons had signed, and of that savors it is hereby
certified that 516 Were valid signatures.
A copy of the proposed ordinance was mailed to each Council member on
August 9, 1973.
The Petition is available for your inspection at the office of the City
Clerk.
Respectfully subvitted,
aY E.
C C k
.IEA: an
Sec. 2 Enforcing officer. The Director of Public Warks, or his
authorized agent, shall perform the
duties Set forth in this Ordinance and shall enforce the
provisions of this ordinance. He may have such assistance
as the City Council shall from time to time provide for.
Bee. 3 Abatement of Nuisance by Owner of Property. It shall be
unlawful for
any owner of private grounds within the control aa to
permit o maintain on any such private grounds any dead
elm wood aDo tree which is a public nuisance as defined
herein, and it shall be the duty and responsibility of
such Ownero promptly remove to the City Dump and burn
any sucelm tree or dead elm wood,under the supervision
and direction of the Director of Public Works, or his
authorized agent.
Sec. 4 Inspections. The Director of Public Works, or his authorized
agent, is hereby authorized and empowered to
enter upon private grounds within the control area,
with or
without the ca s permission, to determine the Presence of
Dutch Elm Disease and carry out preventive or control measures
therefor. it shall be unlawful for any petn, firm or
corporation to take any action to prevent the DirectorOf Public
Works, or his authorized agent, from entering upon pxivaLe
grounds within the control area for the purpose of such
inspection or to interfere with the Director of Public Works,
or his authorized agent, in the performance of any of their
duties provided for under the provisions of this Ordinance.
Bee. 5 Notice to Owner. If it is determined that Such tree is a
public nuisance as provided herein, or if
the Director of Public Works, or his authorized agent, determines
that any dead or substantially dead elm trees, ox dead aIS wood,
1e a public nuisance as provided herein; the Director of Public
Works, f his authorised agent, shall s o be
served upon the weof record of the private grounds within
the control a on which such tree or dead elm wood is located,
written notice requiring such owner to comply with the pro-
visions of this Ordinance.s
If any person, firm corporation
upon wham such notice isserved fails, neglects or refuses t
remove tthe City Dump and destroy by burning, Such aIn tree
or dead elm wood within ninety (90) days after service of such
notice, the Director of Public Warks, or his authorized agent,
may proceed to remove and burn Such tree or dead elm wood and
assess the costs thereof against the owner of such private
grounds uW the amount of such costa Shall be paid by the owner
to the City of Bangor.
Service of notice provided for in this Ordf-
e shall be by personal service if the weof the private
grounds on which the infected elm tree or elm wood is a resident
of the State of Minn. If such owner cannot be found i
the State o - evident of the State, written notice
mail beserved by registered veil and by publication at
least o news paper of general circulation in the
City of Bangor•
Sec. 6 Abatement of Costs. The Director of Public Works, or his
authorised agent, may re firm any
t
private gr0unds within the carea,
rol any infected, dead
or substantially dead elm tree or dead elm wood, which is a
public nuisance as provided by this ordinance, and assess
the costs of the work done by the City against the owner of
such private grounds. Such assessment
ment of coats shall be in
addition t0 the penalties imposed herein for the violation
or non compliance with any provision of this Ordinance.
Sec. ) Waiver. If the owner of private grounds within the control
area to whom the Director of Public Works, or his
authorized agent, has sent notice as provided in Section 5
of this Article, shall, in writing, covenant and agree to
indemnify and save harmless, the City of Bangor from all
Lose, damage, injury, cost and expense arising out of any
liability, or claim of liability, for injury or damages to
persons or property sustained orclaimed to have been sus-
tained
-
tained by anyone whom never, bys
x of its operations
provided for by this Article, and also in writing covenant
and agree to assune all risk in such operations provided
for by this Article, then said Owner shall not be assessed
for said costa of removal and burning Eby the City of Bangor.
Sec. B Penalty. Any person, firm or corporation violating any of
the provisions of this ordinance by failing,
neglecting or refusing to comply with the provisions of any
notice Mrein provided for, within ninety (90) days after
seice thereof, whom shall resist o n
obstruct t carrying
out ore
the provisions of this of shall be guilty
meof a mfa-
der punishable by fine of not less than ten dollars ($10)
nor e than one hundred dollars ($100) for each offense. A
separate offense shall be deemed committed on
each day during
or on which a violation Occurs or continues.
hereinafter defined, to. a tenant in connection with the use and
occupancy of any rental unit.
Section S. Person. An individual, corporation, partnership,
association or other organized group of individuals or the legal
successor or representative of any of the foregoing.
,Section 6. Rent. The consideration, including any bonus, bene-
fits. or gratuity demanded or received for or in connection with the
use or occupancy of rental units or the transfer of a lease of arch
rental units.
Section ]. Rental Units. Any building, structure, or part there-
of, or land appurtenant thereto, or any other real or personal
property rented or offered for rent for living or dwelling purposes,
including houses, apartments, rooming or boarding-house units and
other properties used for living or dwelling purposes, together
with all services connected with the use or occupancy of such pro-
perty, except:
A. Rental units which a governmental unit, agency or authority
either:
(1) Owns or operates; or
(2) Finances or subsidizes, if the imposition of rent
control would result in the cancellation or withdrawal,
by law, of such financing or subsidy;
B. Rental units in cooperatives..
C. Rental units in any public institution or college or school
dormitory operated exclusively for charitable or educational
purposes; or nursing or rest homes, not organized or operated
for profit.
D. Rental units in any building or structure containing no
more than two dwelling units, one of which is occupied by the
owner thereof as his permanent residence.
E. Rental units in hotels, motels, inns, and tourist homes
rented exclusively to transient guests for a period of less
than fourteen consecutive days.
Section 8. Services. Repairs, replacement, maintenance,
painting,. providing light,heat, hot and cold water, elevator ser-
vice, window shades and screens, storage, kitchen, bath and laundry
facilities and privileges, janitor services, refuse removal, furnish-
ings and any other benefit, privilege or facility connected with
the use or occupancy of any rental unit. Services to a rental unit
shall include a proportionate part of services provided to Common
facilities of the building in which the rental unit is contained.
Section 9. Tenant. A tenant, subtenant, lessee, sublessee or
other person, entitled to the use and occupancy of any housing
accomodation.
Article 3 - Rent Control Board.
Section 1. Establishment and Composition. There shall be in
the municipality a board, known as the Rent Control Board, consist-
ing of five residents appointed by the City Manager, including two
persons who are members of a tenant's organisation, neither of whom
shall own or manage any rental units, two persons who are members of
a landlord's association; and one person representing the public
interest who shall not own or manage any rental units and who shall
be acceptable to a majority of the other members on the Board. In
,the event that no tenant's organization exists, or no member of a
tenant's organization agrees to be appointed or to serve, the City
Manager shall appoint to the Board two tenants, neither of whom
owns or manages any rental units. In the event that no landlord's
association exists or no member of a landlord's association agrees
to be appointed or to serve, the City Manager shall appoint to the
Board two landlords. In the event that, within one month after the
appointment of the first four members to the Board, a majority of
those members have been unable to mutually agree upon an acceptible
candidate for fifth member, the City Council, at its next meeting,
shall appoint the fifth member to represent the public interest on
the Board. Members of the Board may be removed for cause by a
majority vote of the City Council.
Section 2. Tem. One tenant and one landlord shall be appointed
initially for a two year term, and one tenant, one landlord, and the
representative of the public interest shall be appointed initially
for a one year term, but thereafter all members of the Board shall
serve two year terms. All terms shall expire on the first Monday
following the City Council election in the appropriate year. Vacan-
cies for expired or unexpired terms shall be filled by the City
Manager within thirty days of the vacancy in accordance with the con-
ditions set forth in Section 1.
Section 3. Compensation. Members of the Board shall receive
no compensation for their services, but shall be reimbursed. by the
City for necessary expenses incurred in the performance of their
duties.
Section 4. Powers and Duties. The Board shall, as provided by
Article 4 hereof, establish and adjust the maximum rent that shall
be charged for rental units.
Section 5. Personnel, The Board shall hire, with the approval
of the City Manager, such personnel as are needed to effectuate the
purposes of this ordinance.
Section 6. Orders and Regulations. The Board shall have the
power to issue orders and promulgate policies, rules and regulations
to effectuate the purposes of this ordinance, including but not
limited to a schedule of standard rental increases or decreases for
improvement or deterioration in specific services and facilities. The
Board shall also recommend to the City for adoption such ordinances
and by-laws as may be necessary to carry out the purposes of this
ordinance.
Section 7. Investigations and Studies.. The Board may make such
studies, conduct such hearings and obtain such information concern-
ing the supply and quality of housing of all types and regarding the
levels and changes in rents, and shall report the same to the City
Council as that body may from time to time require. The Board shall
also make such studies, conduct such hearings, and obtain such in-
formation as is deemed necessary in promulgating any regulation, rule
or order under this ordinance or in administering and enforcing this
ordinance and their regulations and orders promulgated hereunder.
Section S. Registration. The Board shall require registration
of all controlled rental units on Forms authorized or to be provided
by the Board.
Article 4 - Adjustment of Rent.
Section 1. Maximum Rent. The maximum rent of a controlled
rental unit shall be the rent in effect on January 11, 1973 unless
otherwise adjusted by the Board, provided that if no rent was in
effect on that date, the maximum rent shall be the first rent charged
therafter, unless otherwise adjusted by the Board. If the maximum
rent is not otherwise established, it shall be established by the
Board. ,
4
Section 3. Compensation. Members of the Board shall receive
no compensation for their services, but shall be reimbursed. by the
City for necessary expenses incurred in the performance of their
duties.
Section 4. Powers and Duties. The Board shall, as provided by
Article 4 hereof, establish and adjust the maximum rent that shall
be charged for rental units.
Section 5. Personnel, The Board shall hire, with the approval
of the City Manager, such personnel as are needed to effectuate the
purposes of this ordinance.
Section 6. Orders and Regulations. The Board shall have the
power to issue orders and promulgate policies, rules and regulations
to effectuate the purposes of this ordinance, including but not
limited to a schedule of standard rental increases or decreases for
improvement or deterioration in specific services and facilities. The
Board shall also recommend to the City for adoption such ordinances
and by-laws as may be necessary to carry out the purposes of this
ordinance.
Section 7. Investigations and Studies.. The Board may make such
studies, conduct such hearings and obtain such information concern-
ing the supply and quality of housing of all types and regarding the
levels and changes in rents, and shall report the same to the City
Council as that body may from time to time require. The Board shall
also make such studies, conduct such hearings, and obtain such in-
formation as is deemed necessary in promulgating any regulation, rule
or order under this ordinance or in administering and enforcing this
ordinance and their regulations and orders promulgated hereunder.
Section S. Registration. The Board shall require registration
of all controlled rental units on Forms authorized or to be provided
by the Board.
Article 4 - Adjustment of Rent.
Section 1. Maximum Rent. The maximum rent of a controlled
rental unit shall be the rent in effect on January 11, 1973 unless
otherwise adjusted by the Board, provided that if no rent was in
effect on that date, the maximum rent shall be the first rent charged
therafter, unless otherwise adjusted by the Board. If the maximum
rent is not otherwise established, it shall be established by the
Board. ,
Section 2. Rent Rollback. Rents are hereby rolled back to the
maximum rent as referred to in Section 1 above. No landlord shall
charge any rent in excess of the maximum rent. until such excess is
approved by the Board pursuant to Section 4.
Section 3. Maximum Rent Adjustment. A. The Board shall make
such adjustments either upward or downward, of the maximum rent
established by Section 1 for any controlled rental unit as may be
necessary to remove hardships or correct other inequities, while at
the same time, assuring that the rent for the unit is established
at a level which yields to the landlord a fair net operating income
for such unit.
B. The following factors, among other relevant factors, which
the Board by regulation may define, shall be considered in determin-
ing whether a controlled rental unit yields a fair net operating
income:
) Increases or any decreases in property taxes; that is the
tenant's proportionate share as it relates to the number of
housing accommodations in the taxed parcel assessed pro -rats.
depending on the amount of space occupied and the rent charged.
Further, that in the event that the owner of said parcel re-
ceived any form of tax relief for the year in which the addition-
al tax was added to the tenant's rent, the landlord shall be
responsible for crediting the tenants with a proportionate share
of said tax relief.
(2) Unavoidable increases or any decreases in operating and
maintenance expenses;
(3) Capital improvement of the housing unit as distinguished
from ordinary repair, replacement and maintenance, prorated
over the useful life of the improvement, provided that in no
case shall any rent increase for capital improvement exceed
30% of the maximum rent for the unit and provided that in no
case shall a landlord be granted an increase for capital im-
provements unless the tenants in the unit to be improved have
agreed in writing to such improvement.
(4) Increases or decreases in living space, services, furniture,.
furnishings or equipment;
(5) Substantial deterioration of the housing units other than
as a result of ordinary wear and tear; and
6
(6) Failure to perform ordinary repair, replacement and main-
tenance.
C. For the purpose of adjusting rents under the provisions
of this section, the Board may promulgate a schedule of standard
rental increases or decreases for improvement or deterioration in
specific services and facilities.
.D.. The Board may refuse to grant a rent increase under this
section, if it determines that the affected rental unit does not
comply with the state sanitary code or any applicable municipal
codes, ordinances or by-laws, and if it determines that such lack
of compliance is due to the failure of the landlord to provide
normal and adequate repair and maintenance. The Board may refuse
to grant a rent decrease under this section, if it determines that
a tenant is in arrears in payment of rent without just cause.
Section 4. Rent Adiustment Hearings. A. General Powers. The
Board shall have the power to adjust the rent for an individual con-
trolled rental unit upon receipt of a petition for adjustment filed
by the landlord or tenant of such unit, or upon its own initiative.
The Board shall have the power to make rent decreases. effective
retroactively to August 10, 1993.
B. Actions Initiated by the Landlord. A landlord shall notify
the Board and tenant or occupant, if any, of the amount of any pro-
posed rent increase for a rental unit, at least 30 days before the
proposed effective date of such increase. Notice to the tenant
or occupant shall be by registered mail andshall include, on a form
supplied by the Board, the following:
(1) A statement of the rent in effect on January 11, 1993,
(2) A statement of the rent presently paid for the rental
unit) and
(3) A list of the landlord's justifications for the proposed
Increase, as provided in Article 4, Section 2.
Upon receipt of the landlord's notification, the Board shall set
a date for a hearing, and shall notify both landlord and tenant of
the time and date set. Notice shall be sent by registered mail, and
must be received by both landlord and tenant at least 14 days prior
to the hearing date. The hearing date may be extended by the Board
upon a showing of good cause by landlord or tenant.
C. Actions Initiated by the Tenant. A tenant shall notify the
Board and the landlord of the amount of any proposed decrease for
a rental unit. Notice to the landlord shall be by registered mail
and shall Include, on a form supplied by the Board, a statement of
the rent presently paid for the rental unit. Upon receipt of the
tenant's notification, the Board shall set a date for a hearing, and
shall notify both tenant and landlord of the time and date set.
Notice shall be sent by registered mail and moat be received by
both landlord and tenant at least 14 days prior to the hearing date.
The hearing date may be extended by the Board upon a showing of good
cause by landlord or tenant.
In an action Initiated by the tenant, the tenant may petition
the Board for a rebate of any rent paid in excess -of the maximum
rent after August 10, 1973. Any rental increase between August 10,
1973 and the effective date of the ordinance is presumed to be in
anticipation of this ordinance and is void unless the landlord can
prove that such increase was necessary to yield a fair net operating
income.
D. Actions Initiated by the Board. The Board, may, at its
discretion, initiate a complaint on behalf of a tenant or tenants,
where it appears to the Board that the rent being paid for the rental
unit in question exceeds the maximum rent, or where it appears to the
Board for some other reason, the rent being paid exceeds the fair net
operating income to the landlord. Notice in such cases shall be in
accordance with the provisions set forth in Section 3, parte A and
B above.
B. Hearing
(1) Rent adjustment hearings may be held before some or all
members of the Board, but all final decisions or rent adjust-
ments shall be made by the Board in full. The decision shall
be based solely upon the evidence presented at the hearing,
and a landlord who fails or has failed to cooperate fully with
any requests of the Board for information in this hearing or
any prior hearing shall not be eligible for any rental increase,
and cannot submit any information to the Board unless he sub-
mits all the requested information . The Board, upon failure
of the landlord to supply any information, may, on information
submitted by the tenant, reduce the rent for the rental unit
In question. Both landlord and tenant shall have the right to
be represented at the hearing by an advocate.
(2) The maximum rent shall be presumed to yield a fair net
operating income for the landlord. The landlord may overcome
this presumption upon a convincing showing of documentary
evidence in his favor.
(3) The final decision of the Hoard shall be in writing and
shall list reasons for the action taken. Certified copies of
the decision shall be furnished to both tenant and landlord.
Section S. Limitation of Petitions for Individual Adiustments.
Notwithstanding any other provision of this ordinance, the Board may,
without holding a hearing, refuse to adjust the maximum rent of an
Individual rental unit if a hearing has been held with regard to
the maximum rent of such rental unit within twelve months, unless
there has been a change in ownership of the controlled rental unit
since the hearing was held.
Article S. provision of Information.
Upon receipt by the Board of a petition for adjustment of a
maximum rent, upon action initiated by the Board for adjustment of
a maximum rent, and upon other action by the Board pertaining to
Investigations and studies, the landlord shall furnish to the Board,
within seven days after written demand therefor, information pertain-
ing to the rental unit or units involved in the petition or action
and to the building or structure wherein such rental unit or units
are located on a term approved by the Board.
Article 6. Retaliatory Evictions.
Any eviction by a landlord shall be presumed to be retaliatory
if it takes place within one year of any of the following:
(1) Signing by the tenant of the petition for this ordinance,.
(2) Action initiated by the tenant with the Board,
(3) Request of information from the landlord by the Board, or
(4) Automatic reduction by the tenant of his rent to the max-
imum rent level.
Article 7. Civil Remedies.
Section A. Landlord's Liability. Any person who demands, accepts,
receives, or retains any payment of rent in excess of the maximum
lawful rent, in violation of the provisions of this ordinance,
or any rule, regulation, or order hereunder promulgated, shall be
liable as hereinafter provided to the person from when such payment
is demanded, accepted, received, or retained, or to the city for
reasonable attorney's fees and costs as determined by the court,
plus liquidated damages in the amount of one hundred dollars, or not
more than three times the amount by which the payment or payments
demanded, accepted, received, or retained exceed the maximum rent
which could be lawfully demanded, accepted, received or retained,
whichever is the greater; provided that if the defendant proves
that :the violation was neither willful nor the .result of failure to
take practicable precautions against the occurrence of the violation,
the amount of such liquidated damages shall be the amount of the
overcharge or overcharges.
Section 2. Settlement. If the person from whom such payment is
demanded, accepted, received, or retained in violation of the pro-
visions of this act or any rule or regulation hereunder promulgated
fails to bring an action under this section within 30 days from the
date of occurrence of the violation, the Board may either bring such
action, or may settle the claim arising out of the violation by im-
posing up to triple damages as set forth in Section 1, upon the
violator which sum shall be paid to the tenant or tenants concerned.
In the event the Board brings action under the provisions of this
section, the City shall be entitled to receive attorney's fees and
costs under the provisions of Section 1 and the person against
whom the violation was committed shall be awarded liquidated dam-
ages under the provisions of said Section 1.
Section 3. Res Judicata. A judgment for damages or on the merits
in any action under this section shall be a bar to any recovery under
this section or in any other action against the same defendant on
account of any violation with respect to the same person prior to the
institution of the action in which such judgment was rendered.
Action to recover liquidated damages under the provisions of this
section shall not be brought later than one year after the date of
the violation. A single action for damages under the provisions
of this section may include all violations of the provisions of this
section committed by the same defendant against the same person.
Section 4. Jurisdiction. The district court for the judicial
district within which the rental unit affected is located shall have
exclusive original jurisdiction over all actions and complaints
brought under this section.
Article 8. Criminal Penalties.
Section 1. Excesses.
It shall be unlawful for any person to
demand, accept, receive, or retain any rent for the use or occupancy
of any rental unit in excess of the maximum rent prescriged there-
for under the provisions of this ordinance or the rules, regulations
or orders hereunder promulgated, or otherwise to do or omit to do
any action in violation of the provisions of this ordinance or the
rules, regulations or orders hereunder promulgated.
Section 2. Finder's Fee. It shall be unlawful for any person
to demand, accepts receive or retain any payment which exceeds the
maximum lawful rent for one month and no finder's fee or service
charge shall be lawful unless the person from whom the payment
is demanded, accepted, received or retained actually rents or
leases the rental unit with regard to which payment of said fee or
said charge has been demanded, accepted, received or retained.
Section 3. willful Violations. Whoever willfully violates any
provision of this ordinance or any rule, regulation, or order here-
under promulgated or whoever knowingly makes any false statement in
any testimony before the Board orwhoever knowingly supplies the
Board with any false information shall be punished by a fine of not
less than fifty dollars nor more than one hundred dollars.
Article 9. SudiCal Review.
Any person who is aggrieved by any action, regulation, or order
of the Board may file a compalint against the Board in the District
Court having jurisdiction over the area in which the property is
located and thereupon an order or notice shall be issued by such
court and served on the Board as provided in the case of a civil
action. Such District Court shall have exclusive original jurisdi-
ction over such proceedings. All orders, judgements and decrees of
such District Court may be appealed as is provided in the case of a
civil action in such District Court.
Article 10. Duration.
This ordinance shall remain in effect until the Board determines
based on substantial evidence that the need for continuing rental
levels no longer exists because of sufficient construction for new
rental units or because the demand for rental units has been other-
wise met.
11
Article 11. Constitutional Construction. The provisions of this
ordinance are severeable, and if any of its provisions shall be
held unconst'tutional or otherwise invalid by any court of com-
petent jurisdiction, the decision of such court shall not affect
or impair any of the remaining provisions.
Article 12. Effective Date.
This ordinance shall take effect 30 days from time of its pas-
sage, by which time the Board shall be constituted in accordance with
the provisions of Article 3, Section 1.
REPORT AND RECOMMENLL 1?"^.
OF
RENTAL HOUSING COMMITTEE
October 9, 1973
Since August 27th when the Rental Housing Committee was formed,
your Committee has scent nearly 20 hours in session, not to mention th^
hours each of us has spent on his own.
Two public hearings were held on September 17 and October 1. At
the public hearings, the Committee was supplied with written presentations
and data from many sources.
In addition, the Committee has met several times in Executive
Session to review the material presented and formulate recommendations
fcT the Council.
Most of the material which the Committee received, together with
the transcript of public hearings, has been reproduced and is submitted
together with this report for your review.
Among the materials which are not provided with title report is
..ccormation provided by the Bangor Tenants Union involving approximately
1.00 •Jal!s they have received since the first of this year regarding cental
woblams. The Committee has reviewed all of this material and ; r. vld4d
w with a summary of the information contained therein.
Report and Recommendations of Rental Housing Com l:tee 10/g/93 2
Since our Committee did not have the resources or time available,
our report 1s at best an overview of the present rental housing situation in
Bangor. As a Committee, we feel that the impressions gained during the
Past month are valid, although in many cases we were not able to qualify
or document the problems to the extent that we would have liked.
When Dow Air Force Base closed several years ago and approximately
1,100 units of housing were made available to this community, there were
fears expressed that such a substantial block of housing would depress the
local real estate market. The problem facing the City at that time was how
to absorb over night an approximate twenty-five percent (25%) increase of
rental units over those then available in the City.
A plan was devised and ever night the units were utilized as the
military made them available for the local market.
The experience of Capehart would tend to Indicate that there was
then and there is now a shortage which is reflected in a continuing demand
for more rental housing in Bangor end the surrounding area.
It appears that certain groups of potential remers who find it
difficult to locate rental housing are identifiable, as follows:
(1) A substantial number of the complaints of too high rentals
and exorbitant rental increases came from people who cannot afford to pay
a rent which would represent a fair return for the landlord Involved.
Many people who fall Into this category are forced to live in sub-
standard housing, because there is insufficient public or subsidized
housing available to them.
Report and Recommendations of Rental Housing Committee 10/9/73 3
(2) Macy other people seeking rental housing, while concerned
about the cost of housing, are more concerned about the unavailability of
of housing, especially among young families with children, large families,
single people, and people with pets.
(3) Finally there were several complaints involving rental increases
during the past year, some ranging between 30 - 50% end and a few in
excess of 100%.
Such occurances appeared to be Isolated, but a few certainly would
bear further Investigation to determine if they were justified.
During the past five years, our City Code Enforcement Department
has bad a two -fold objective. First was to accomplish a complete inspection
of all the housing units in the City, while secondly, carrying on the enforce-
ment of our various codes and ordinances. The first objective was made
necessary in order to qualify our Workable program to be eligible for federal
funding. It would appear that the need to meet this objective was one fatter
detracting from effective code enforcement and more particularly with coda
compliance during the past five years. The result is that today there remain
a substantial number of rental units in this city that can be only classified
as "dumps".
Before making any specific recommendations, the Committee feels
that certain factors should be recognized.
(1) Earlier In this report we mentioned the recognition of a continuing
demand for rental housing.
Report and Recommendations of Rental Housing Committee 10/9/73 4
The existence of a continuing demand necessarl.7 indicates that the
problem areas will change from day to day and from year to year.
That being the case it seems obvious that we must keep abreast of
these problems in order to be able to deal effectively with them.
(2) Since shelter is a basic necessity of life, It then becomes a
matter of public interest to see that all people In Bangor have the opportunity
to live in decent, safe and sanitary housing at a renta: rate that they can
afford.
(3) Government at all levels must work together to meet this goal,
but Government has no business in areas where the private sector can do
the (ab.
The private sector cannot provide decent, safe and sanitary housing
if the tenants cannot afford to pay a fair rest.
Likewise, Government has no business providing housing to a market
that can afford to pay that fair rent.
(4) Intertwined with the problem of housing are a myriad of social
Problems that must be faced, such as establishing a line of communication
between landlords and tenants without fear of reprisal or harassment directed
to each other, the obligations on the part of tenants to respect the property
they rent, assuming that the landlord maintain a decent apartment, avoiding
the creation of ghetto areas and providing some real sense of community to
cur rental housing neighborhoods.
It takes more than decent housing and Government regulations to
solve such problems.
Report and Recommendations of Rental Housing Commttae 10/9/93 5
(5) By way of general observation, this Cormittee found that some
of the information available to It during the past monch was superficial at best
and while symptomatic of many problems, was insufficient to give us the
necessary details to precisely define those problem areas.
Finally, based upon our review of the informaticn available to us, the
Committee makes the following specific recommendations.
(1) That this Committee continue as a starchng committee of the
City Council to deal with matters related to housing and code enforcement.
(2) That the City Council enact an ordinance providing for the
licensing of rental housing, similar to the draft Introduced before the
Council under Ordinance No. 30-Z on November 22, 1971, which in addition
to the previsions contained therein, would also require that the applicants
Indicate the rental charged as of the date of filing and also require that any
future Increases in rental rates be filed prior to their effective date,
together with a statement of the reason for the Increase.
(3) That the Code Enforcement Department of the City of Bangor be
re -organized and additional personnel added if necessary to provide for
(1) the administration of the licensing of rental housing.
(2) stepped up enforcement of the Codes and Ordinances
particularly in connection with that segment of
substandard housing units which are not fit for
human habitation.
Report and Recommendations of Rental Housing Commitee 10/9/73 6
(9) Closer cooperation with public welfare agency, outside of our
own City government, to insure that existing substandard housing unite are
not used as relocation resources for persons outside :he City even though
in their existing circumstances such relocation might be an improvement.
(5) Investigation of existing and future instances of enormous
rental increases to determine if they are justified or whether they constitute
a violation of the rent profiteering statute.
(6) To take all steps necessary through our Public Housing Authority
to secure some or all of those Capehart units presently owned by the Air
Force and scheduled to be sold privately, in order that they can be diverted,
along with that Capehart housing presently owned by the University of Maine,
If available, to some form of subsidized housing.
In the opindon of our Committee there is no reason why the preceeding
six recommendation cannot be implemented Immediately.
It would seem appropriate that the Committee make some recommenda-
tions regarding the desirability of a rent control ordinance, since this was
one of the reasons for the formation of the Committee.
We would recommend against the enactment of any rent control
ordinance at this time for the following reasons.
(a) Although many complaints involving rent increases were brought
to the attention of our Committee, there were only a few Involving two or
three landlords which appeared to be way out of line. Many complaints
were associated with the Air Force owned section of Capehart, and the
remainder involved people who are in need of some type of rent subsidization.
Report and Recommendations of the Rental Housing Gomm.ttee 10/9/73
(b) The information presently available to the Committee does not
provide an adequate basis for recommending a rent control adoption. This
is one of the reasons for requiring the filing of rental rates and changes in
those rates under the proposed licensing ordinance so that that Information
will be available In the future on a continuing basis.
(c) Our best estimate indicated that the cost of administering a
rent control ordinance would add somewhere between $30,000 and $40,000
to the annual budget of the City.
(d) Finally, the information gathered under the rental housing
licensing ordinance will better enable us now or in the future to determine If
Rent Control is necessary.
In addition to the recommendations which we have already made, the
Committee would make the further observation:
A substantial number of people now and in the future will be unable
to afford decent, safe and sanitary housing without some form of subsidy.
The Bangor Public Housing Authority, in cooperation with the Maine Housing
Authority and Federal Agencies, should be encouraged to take whatever
steps are necessary to meet this problem.
At the same time the private sector must also be encouraged to
meet the continuing demand for housing which it can provide.
We cannot expect to encourage either the private or public sector
to develop new rental housing and at the same time, through zoning,
unreasonably restrict Its location.
Report and Recommendations of the Rental Housing rm-:attee 19/9/73
Finally, this Committee considers its work to d'cLe only a start.
Respectfully submitted,
RENTAL HOUSING COMMITTEE
Thomas E. Needham, Chairman
George P. Brountas, Member
James S. Henderson, Member
BTU TENANTS SURVEY - SUMMARY
I. New Capehart - approximately 40 Air Force housing complaints,
primarily rental rates
II.
Bangor Housing Authority - c. 20
complaints
III.
Old Capehart - Private
A. 37 complaints
B. Detail of rent increases reported: (since
1/11/73)
Monthly Rate Change
%
Number
$157-183 ($26)
16.5
14
147-167 ($20)
13.5
8
134-160 ($26)
19.5
2
193-232 ($39)
20.0
2
124-144 ($20)
14.0
2
150-175 ($25)
17.0
2
194-271 ($77)
40.0
1
153-176 ($23)
15.0
1
$20
1
"some increase"
1
"some reduction"
1
193-180 $13
-7.0
2
Averages: $25
15%
37
Average increase =
$25
Average percent increase
= 15%
N.
Out of town complaints =
40 cases
V.
Trailer park complaints =
3 cases
VI.
Other Bangor community complaints
= C. 115
Detail of non -rent complaints (approximate frequency) -
Code violations 25
Deposit,
no refund 10
Evictions 27
No heat,
hot water 17
Rats 5
Harassment 5
Other scattered complaints:
Rents too high or increase
too much:
50 complaints
VI. Bangor community rent increase detail
A. Isndlord X's property
Monthly Rate
Change
Percent
5 75-100
($25)
33
60-125
($65)
108
130-150
($20)
15
90-115
($25)
2B
95-125
($30)
32
100-125
($25)
25
70-135
($65)
93
65-125
($60)
92
50-130
$80
160
Averages:
$44
65%
-JEEK674M
$ 75-100
($25)
33%
75-100
($25)
33
55- 65
($10)
18
80-125
($45)
18
135-165
($30)
22
60-100
($40)
67
70- 75
($ 5)
7
100-130
($30)
30
100-105
($ 5)
5
90-110
($20)
22
90-115
($25)
28
80-100
($20)
25
125-150
($25)
20
55- 65
($10)
18
60- 84
($24)
40
120-175
($55)
46
80-170
($90)
112
100-140
($40)
40
180-200
($20)
11
100-140
($40)
40
75- 85
($10)
13
80- 90
($10)
12
60-100
($50)
100
150-175
($25)
17
130-150.
20
15
Averages
$31
32%
1n addition: two reports of
rent increases of $25
one report of a
rent increase of $50
VII. Combined Averages:
Average rent Increase: $30 or 28%
OPINION
of the
CITY SOLICITOR
TO THE MEMBERS OF THE BANGOR CITY COONCIL:
SUBJECT: OMISSION OF PROPOSED RENT CONTROL ORDINANCE TO THE VOTERS
OF THE CITY OF BANGOR
INTRODUCTION
On Friday, August 10, 1973, a petition was Initiated by ten registered
voters of the City calling for the adoption of municipal rent controls pursuant
to an attached proposed ordinance. On August 21, 1973, I submitted to the
Council an opinion continuing that the proposed ordinance, if adopted, would be
an unlawful exercise of the power delegated by the Legislature to impose such
controls in the City of Bangor. Please be advised that I still believe my
earlier conclusion to be valid.
Recently several members of the Council have asked for an opinion as
to whether, uMer the circumstances, the Council want take action on October
15th to place the proposal on the ballot. The purpose of this opinion I$ to
offer certain guidance to the Council In making its decision.
IN GENERAL
'The term 'initiative' refers to the power reserved ... to the
people to propose laws ... and to enact or refect the sees at the polls,
generally independent of the legislature." 42 Am Sur 2d, "Initiative and
Referendum'11, 649.
"Generally speaking, the initiative, in the case of municipal
legislation, is initiation of municipal legislation and easement or rejection
thereof by the municipal electorate in the event the proposed measure is not
amounted by their elected representatives. Under the power of the initiative,
the pe op Le of a municipality cannot suspend or prohibit the operation of a law
or charter provision except as ancillary to, and necessary for, the adoption
and effective operation of an amendment or new Law." 5 McQui Llin, Municipal
Corporations, 116.52, 205.
'Mhe power of initiative or referendum may be conferred by the
sovereignty upon a municipality with respect to any matter, legislative or
administrative, within the realm of Local affairs: and often the power, as
conferred,r s extensive, including all ordinances and reaolutiona and practically
all actions that might be taken by a municipal council. The power, however,
cannot be unlimited, it is restricted to legislation within the power of the
municipality to enact or adopt. (Emphasis Cara) p Limitation of the power by
general taw my either be express or arise by implication, but the limitation
will not be implied unless the limiting provisions are clear or compelling.
At least, the power extends to all matters of local concern other than those
excluded by express or necessarily implied ax ceptions contained in charter,
statutory, or constitutional provisions.... "Ibid. 116.54, 208-209.
"On the other hand, the power of Inftiatve and referendum often
is more or lees restricted. An ordinance is not subject to referendum if its
enactment is mandatary. Furthermore, ordinancess that a -
atitutiooal o void or beyond the pow authority mofsa municipality tone act
are not subject to initiative or referendum." (Emphasis Mrs) t Ibid. , 209-210.
"Courts should interfere with the initiative ... only in clear cases
of violation of the law. Mandamus lies, however, to compel submission of an
initiative or referendum propnition ora , where all mandatory legal
steps have been taken: ... Submission my also be obtained in a proper case
by mandatory injunction." Ibid., e16.68, 249-250.
2
"Generally speaking, the initiative, in the case of municipal
legislation, is initiation of municipal legislation and easement or rejection
thereof by the municipal electorate in the event the proposed measure is not
amounted by their elected representatives. Under the power of the initiative,
the pe op Le of a municipality cannot suspend or prohibit the operation of a law
or charter provision except as ancillary to, and necessary for, the adoption
and effective operation of an amendment or new Law." 5 McQui Llin, Municipal
Corporations, 116.52, 205.
'Mhe power of initiative or referendum may be conferred by the
sovereignty upon a municipality with respect to any matter, legislative or
administrative, within the realm of Local affairs: and often the power, as
conferred,r s extensive, including all ordinances and reaolutiona and practically
all actions that might be taken by a municipal council. The power, however,
cannot be unlimited, it is restricted to legislation within the power of the
municipality to enact or adopt. (Emphasis Cara) p Limitation of the power by
general taw my either be express or arise by implication, but the limitation
will not be implied unless the limiting provisions are clear or compelling.
At least, the power extends to all matters of local concern other than those
excluded by express or necessarily implied ax ceptions contained in charter,
statutory, or constitutional provisions.... "Ibid. 116.54, 208-209.
"On the other hand, the power of Inftiatve and referendum often
is more or lees restricted. An ordinance is not subject to referendum if its
enactment is mandatary. Furthermore, ordinancess that a -
atitutiooal o void or beyond the pow authority mofsa municipality tone act
are not subject to initiative or referendum." (Emphasis Mrs) t Ibid. , 209-210.
"Courts should interfere with the initiative ... only in clear cases
of violation of the law. Mandamus lies, however, to compel submission of an
initiative or referendum propnition ora , where all mandatory legal
steps have been taken: ... Submission my also be obtained in a proper case
by mandatory injunction." Ibid., e16.68, 249-250.
In some states the validity of the ordinance is not at lases in
an ensuing mandamus action for failure to submit the proposal to the people.
"Courts may be limited to an examination of procedural concrete when
called on to interfere with the legislative process of enacting ordinances by
the initiative method. The validity of a proposed ordinance has been held not
to be involved in mandamus proceedings to compel a submission. If the petition
received by the trial court purports on its face to follow the provisions of
the law and is not controverted, it to ponce facie sufficient to show that it
is what it purports to be." Ibid., §16.68, 250.
"on the other hand it hes been ruled that, in a proceeding to compel
submission to the electors, in accordance with initiative procedure, a court
will look into the question whether, if approved by the voters, the measure would
be valid and constitutional." Ibid., 516.69, 253. This approach seems to be
the law in Maine. See IaFLeur v. Frost, 146 Me. 270 (1951) "in this cdetection,
it has been said that an ordinance submitted moat be of the nature that the
legislative body has power to pees. There is no right to invoke a vote of the
people as to legislation that would, if approved by them, be unconstitutional:
the vote of the people cannot validate an acmonstitutfo,m l law. if the proposed
ordinance would be void, mandamus will not lie tommpel its submission or
examination and certification for the reason that the writ may not be used to
Compel the performance of an act which would have no effect in law. Indeed,
under some laws, the validity of an ordinance is required to be passed on by a
court prior to its submission." Ibid., 916.69, 253.
ISSHE: AMUR THE BANGOR CITY COONCIL MOST TARE ACTION
TO SUBMIT TO PROPOSED ORDINANCE No. 269AA) TO THE VOTERS
AT A SPECIAL ELECTION OR AT THE BEEF REGLUR MUNICIPAL
ELECfICN?
On its face Article III of the City Charter seems to give the
Council little choice but to either (1) adopt the measure as drafted, or
(2) submit the measure to the voters. However, it is my opinion and belief
that in limited Circumstances the Council may also have the alternative of
refusing to take the necessary action to place publicly initiated measures
on the ballot.
Assuming that the Council does not wish to implement the alternatives
expressed in our Charter, do the present circumstances new permit the Mlyd
approach?
A similar dilemma faced the Portland City Council in Farris Arty.
Gen. v. Colley It AL, 145 Me. 95 (1950). In that case, the City Council was
presented with a duly instituted petition calling for the adoption of a pro-
posed ordinance providing for the fixing of minimum wages and maximum hours in
the Police Department. Portland's Charter (as does ors) expressly provided
that such salaries were to be established by the Manager with Council approval.
The Council concluded, upon submission of the petition, that the ordirmnce was
void inasmuch as it was, in their opinion, in direct conflict with their local
charter. The Council refused to put the matter on the ballot, and a mandamus
action was brought by the State Attorney General on relation of several voters
tofotce a public vote.
In upholding the Council's action, the Maine Supreme Court held
that the proposal could not be legally adopted because of its conflict with
the charter, and could not be properly placed on the ballot. "Phe proposed
ordinance, if adopted, would be void. It is not a proper matter for sub-
mission for the voters." Ibid. at 102.
Another similar situation arose to IaFLeur, Arty Gen v. Prost
Et Al, 146 Me. 270 (1951). In that case a proposed Initiated ordinance was
also refused because the City Council had concluded that the proposal would
be void if adopted. The Court upheld the Council's action. For yet another
case upholding the Council's power to pass Judgment in the appropriateness of
an initiated proposal, see Burkett, Arty Gen. v. Passage Et Al, 135 Me. 459
(1938).
CONCLUSION
In conclusion, assuming that the Council agrees with the conclusions
of my earlier opinion, I am of the belief that the Bangor City Council has
the power, and perhaps the duty, to refuse to piece the pending initiated
proposal on the ballot. I caution the Council not to act arbitrarily. The
right to Initiate legislation on the local level is an important one and
should not be denied without sufficient cause. Each Council member should
consider carefully the rights of the petitioners and the intent of the legis-
lature as evidenced by our charter. However, to circumstances such as the
present, where the petitioners have attempted to provide for the adoption of
legislation which is beyond the power of the municipality to enact, it is my
opinion and belief that the Council may properly refuse to place such pro-
posals on the ballot.
Respectfully submitted,
Bate:
october
15,
1923
Robert E.
Miller,
City
Solicitor
REN:tc
PGTITInN :9 THE BANGOR CITY COUNCIL PLEASE
Sign as your
FORTHESUBMISSIOK iG SHB PEOPLE OF FIR, QUESTION name appears on
the Voting List
^Shall the City of Bangor adopt an ordinance establishing rent control
and a rent control Beard, far the purposes of alleviating the housing crisis
and controlling roots?"
hie, the undersigned, under oath, depose ant say that we are duly
qualified registered voters of the City of Bangor, residing respectively at
the addresses placed opposite our names, and we hereby petition the City
Council to submit the foregoing question to the voters of the City of Bangor
as authorized by the City charter.
Names Residences Date
I, Jay L. Alley, the City Clerk of the City of Bangor do solemly affirm that
the signing of each of the above signatures was
made at the office of the
City Clerk iL Bangor, Maine. And at the time of said signing, it was
ofertained that the parson affixing his came thereto had reasonableknowledge
the purpose of the petition.
SIGNATURES
Ubtained Vaiie
Total Previous Pages :age No.
total this Page Date 1973
Total to Date
Uity Lie=