In order to provide guidance to staff to draft regulations to clarify rent and the treatment of utilities in the
CSFRA and Ratio Utility Billing Systems, the RHC conducted a straw poll on the following
recommendations:
1. Carries 5-0 in favor of draft regulations clarifying prohibition of using RUBS or similar systems to bill utility
charges associated with the use and occupancy of CSFRA-covered units.
2. Carried 5-0 in favor of option B: the lesser of a) a calculation of average utility costs per room; and b) the
sum of all applicable Santa Clara County Housing Authority Utility Allowances. The RHC is also interested in
staff coming back with additional options that considers common areas.
3. Carries 4-0-1 in favor of adopting an administrative process to review the One-Time Utility Adjustment
Petitions forms.
4. Carries 5-0 in favor of having staff examine a sample of the rent adjustment petitions for each property to
ensure that the rent adjustments are properly calculated and send landlord and all affected tenant(s) a
confirmation letter.
5. Carried 5-0 in favor of having staff review One-Time Utility Adjustment Petitions.
6. Carried 5-0 in favor of adopting proposed deadlines for submission of One-Time Utility Adjustment
Petitions:
a. >20 units: Within 6 months of launch of Offset Petition process
b. 6-20 units: Within 9 months of launch of Offset Petition process
c. 1-5 units: Within 12 months of launch of Offset Petition process
7. Carries 5-0 in favor of including a provision in the draft regulations pausing the filing and processing of any
tenant petitions based solely on RUBS until after the deadline for submission of the One-Time Utility
Adjustment Petition has expired.
8. 4-1 in opposition of Including a provision in the draft regulations to require landlords to refund excess rent
to any tenants who have overpaid due to the use of RUBS for a period of 4 (four) years.
The Rental Housing Committee took a recess at 9:57 P.M.
The Rental housing Committee reconvened at 10:03 P.M.
7.
NEW BUSINESS
7.1 Amendments to CSFRA Regulations Chapter 5 and MHRSO Regulations
Chapter 6 Hearing Procedure: Hearing Timeline
Amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO Regulations Chapter 6: Hearing
Procedure, to revise existing timelines in the petition process.
Senior Management Analyst Black presented a report and responded to questions.
SPEAKING FROM THE FLOOR WITH COMMENTS:
No public comment received.
MOTION: M/S - Rosas/ Brown - To amend CSFRA Regulations Chapter 5: Hearing Procedure and MHRSO
Regulations Chapter 6: Hearing Procedure, to revise existing timelines in the petition process.
Yes:
5 - Chair Keating, Vice Chair Rosas, Member Cox, Member Ma, and Alternate Brown