okay it is it is 405 I got a call the meeting to order this meeting was published in the local newspapers posted on the website uh and announced in advance this is an official meeting under the open public meetings act uh roll call Jim cookton here Gerard paresi here Lori Monaco here Jason Kirk not here uh Brad Graves here Steven tadesco here Peter CA not here and and Joseph Hannon is excused okay and I have a motion to accept the minutes of the November 8th meeting as the show moved any additions Corrections all those in favor I minutes are approved as distributed hey landlord tenant issues we have two things I put on the agenda the first one is a continuation of what we've been hearing with respect to the garage in the uh on on Warren Street and uh I just want to summarize what I think is the position two positions that are held one by the tenant which says that they she's always had this garage it's been part of the rent and therefore the maximum rent increase would be the 5% as provided in the code the landlord as represented by his attorney uh said that the is holding position one that at the time the code had expired one of one of the positions as the code had it expired and that it cannot be retroactively in uh reinstated uh as it was with the ordinance that was passed by the Commissioners at no that same day in November uh and two that the garage is not a habitable space and therefore not included in to be included in under the rent Control Ordinance and three that if those don't hold up then the third position is that the uh the garage was not included had not been included in the leases prior leases uh there was a counterargument that yes it was included uh after she moved she had different garage but had been included and that the it was more of a clerical error the omission of the garage in the 2020 lease I think that's the correct year uh so those are the the facts as I see them uh I don't know if if either the ten or representative of the owner wants to add anything to that or is that summarize pretty much the positions there SU okay so then now it's up to the board we do have quarum I think uh M The Plato will continue to abstain from it but we still we do have five members of the board uh to to vote on this issue um I just like to add that I mean we do have there are a couple of things that um I want to add one is in 2011 uh Mr gizo Who was the attorne attorney for the board at the time and was now a judge uh reviewed a similar situation and had stated in his memo which I think I gave to everybody uh a copy I think both sides have a copy of this that the uh rent would be all is all inclusive and subject to the code to oh I'm sorry that the rent is all inclusive and the entire dollar amount is subject to the clo uh the code that basically is the summary of what he says he also says states that the uh the code should be uh there should be an ordinance passed that clarifies the what a dwelling unit is and that it what really includes uh not just the apartment itself that there should be clarification that has not and done so it's subject to interpretation the uh the uh code could be subject to interpretation and one of the interpretations of the owner is that it the garage is not covered by it that's the interpretation that they have the interpretation of the tenant is that it is part of the that since they've been paying one check for all the rent and uh and and and they had the garage and it has been listed in the leas up until what's been deemed a by somebody as a clerk error so that's that's where we stand now I ask the board members if they have any opinion or any want to make any statements with respect to this you might want to your the red buttons got to be on don't I project no but but it's going to be recorded we don't have a definitive interpretation if the garage is habitable and is considered part of rent control or not right so if it's subject to interpretation who's interpreting it right that's up to us it's up to us I I would like to question the idea if the garage is interpretive as part of the lease then the other people who have only a parking space is also part of their lease and is not inhabitable so I'm not sure what the difference is other than the structure of the garage itself but neither a parking place nor the g a garage is an inhabitable space so my interpretation is it would be part of the lease the uh I'll read the definition of the dwelling unit dwelling space or dwelling unit uh any room or rooms Suite or flat of apartment whether furnished or unfurnished which is occupied or intended arranged or designed to be occupied for sleeping and dwelling purposes by one or more persons together with all privileges Services Furnishings uh Furniture equipment facilities and improvements connected with the use of occupancy thereof that's the definition that's in the code facilities I don't I don't interpret that as a as as garage that's my interpretation so so one issue is that interpretation of of it and then the other one is the fact that it was included in the lease uh up up until 2020 uh and that the at that point in time there was no removal of the garage from the tenant and and the 5% increase was applied at that point in time and as it had been all the years and and the owner I know was very diligent about having the 5% applied to all the apartments because one time when he was on the board there was the the manager rounded up the rents just to the next higher dollar amount I'm sorry I forgot to say turn all phones off excuse me one second hello yeah okay I'll call you back I I'm on a meeting thanks s sorry about that I should have put on to not disturb um what was I saying you said because the difference is it was always included included in in there and and oh I know and and so uh the rents were so if it was you know ended with 60 cents the manager made it dollar higher so when it kicked out of the program he went back and told the manager you round you always drop the cents and and make it the do if you want to make it a whole dollar amount you drop the cents because we he didn't want to get embarrassed that way so I know that the the owner is very diligent about that so the question then becomes uh what people think on the board I under the impression am it was always my understanding that a garage was separate from the lease and the increase was only on the apartment not on both because you were supposed to have a separate agreement for the garage just like a parking space there you cannot increase rent on a parking space I was told they were two separate things that's my interpretation but in this case it's almost like an it's been on the lease for how long since the pope was an alter boy yeah the 2014 how about the 2015 and the 2016 and 2017 uh 1920 on did not include the right it was It was kind of dropped that like during the pandemic it seems like things happened well right but just again the the original lease did not include a garage space and again just for everyone's reminder the garage that we're talking about is not even on the same property as the I understand where it is um but it has been in the lease and it had been in Prior leases that's when she moved from moved from one floor to the to the ground floor and so they did a different lease because a different apartment and then somebody probably left it off then and then realized the next year that oops we forgot about the garage being put in there and he put it in that that's one way to I mean I I don't know it's it's but they didn't charge over that period of time we've established that we have established that that they did not charge over the period of time that she's had the garage anything else from the board members I know you're being quiet if not I think we take a roll call vote whether to to let's see how how can I phrase this which the best way the motion would be that the landlord is bound by the 5% increase on the current rent total rent being charged for all services including the garage any want to make the motion so move I can't hear you anyone want to make the motion I'll make the motion I'll second it but speak up sorry you know what the motion is want me want me to repeat it I get the gist of it but okay you're so yes sorry she just texted me that I didn't see it until just down cool technology H inv yeah I guess uh that's her yeah oh there's more than one on here can't see it right can she text you the question and you ask it who is it Miss Deli Sylvia Sylvia you I understand you have a question I I don't have a question I just wanted to make a statement if I can before you rule I can't see the woman's name in the red shirt she rose up some questions and she's not provided with looking at these documents before giving her vote on this which I don't think is fair to us again you and you chairperson with all due respect you said that her Le she would move from one apartment down to another apartment that's not true that's a false statement she was living on one side of the complex had a garage there moved to another side of the complex had a parking spot gave a parking spot up for the garage excuse me excuse me how is it that how is it incorrect excuse me how is it incorrect she didn't move from one apartment to another apartment you said she moved from one floor to another floor so Village Manor is a big complex with 227 units she lived in the middle of the complex on Lloyd and transferred to the higher end of Warren okay and the from one apartment to another the essence said from one floor to another so I just want to verify that because the woman in the red shirt and I'm sorry I don't know your name so she had raised some questions and like they weren't answered right so those questions should be directed at someone like me who knows that complex and I don't think she asked the question I don't remember asking from one building to another building and different garages the garages in it is not part of the dwell youit it's not part of it's not connected to her occupancy ring that you don't have jurisdiction over excuse me you made your point that's it we're gonna cut you off if you keep talking but I you're interrupting me you're not letting me finish no I I am questioning I am stating I'm responding to what you said that she hasn't moved she moved now whether it's from one floor to another floor I mean if she moved from one apartment to another apartment unless it's on the same floor I think my statement is still correct it doesn't matter it's irrelevant let's get stick with relevancy it it is relevant if you would just let me finish can I just say I don't remember asking a question I'm not sure who I'm not saying that you asked you were talking about the jurisdiction of the garages and so forth and so on and the leases and stuff I asked question and it wasn't answered as question question I want to be clear what I'm saying is you guys are about to rule without seeing the actual leases and the lease renewals he was giving you that information so her original lease does not have a garage in it and I feel that if the garage is not under jurisdiction because it has nothing to do with occupancy it's not connected to her apartment it's not even the same building as her apartment that's all I I just wanted my chance to speak my well okay you had it thank you as they do on uh NCIS he goes like this and then cuts it off there are two issues one is that and two is whether it was in the rent was part of the Le the garage was part of the payment that was made to the owner or not and if the answer to the first question is is is not as relevant as the answer to the second question in my mind are we ready to vote you want to do a roll call since Marilyn you won't be voting you can do the roll call I know I'm biting my Tong okay L Monaco roll call oh roll call vote is she going to Lori Lor you want to what do you want to what do you want to do well it's go to the next person JY pesi yes Jason Brad Braves yes Steven tadesco yes Jim cooka yes Lori Monica I was going to add because it was on the lease clal or not yes that's your reason that's fine yes okay the motion is carried and the increase is limited to 5% inclusive of the garage thank you all the other item on the landlord tenant issues I just wanted to revisit and not right now but the we gave a hardship increase to 14 Pake Avenue back in June and the tenants were here and and complained about a number of issues I've received some phone calls that all those issues were not taken care of and uh I want the board to know that we're going to follow up on that and uh if need be there is a actually a a uh a commission at the state level which talks about the habit habitability of of of an apartment and an apartment has to be safe and they can come in and inspect so if the problem is with some of the windows that fall down and could potentially fall on hands and and and children and and that kind of thing that's an issue that's an issue that should be resolved uh quickly so we're going to follow up on that good L uh Mr Hannon has been in touch with their attorney um he had responded saying everything's been taken care of but now you know me the tenants are saying no they were not all taken care of so we have to follow up maybe with the tenant get specific list and and and go that route yeah you said code out code or health uh it's it's actually it's a state um State uh agency that you can call about habitability of apartments and they and they have to get a certificate that is that is safe supposed to do it periodically but isn't that a certificate of occupancy occupancy andil any other issues landlord tenant issues any other open discussion um is there any word on the rosters rent [Music] rosters last okay we got to send out a letter to all those who have not complied I mean there is some compliant there been a number quite a few complied I understand but there's still non-compliance out there and we should send a letter to them did this year's go out yet S no right okay I lost we got to get a letter out anything else if not I'll make a motion to adjourn so moved second second all those in favor I I meeting adjourned