The Honorable South Portland City Council

25 Cottage Road
South Portland, ME 04106
Dear City Councilors,
Thank you all again for taking the initiative to address the housing crisis in South Portland, and consequently Greater
Portland. I appreciate the opportunity I've been given to represent renters who are experiencing greater financial hardship
and housing insecurity because of the current housing market, and thankful to play a part in shaping the conversation. I feel
that important work has been done on the Affordable Housing Committee, and that good things came from the process. It is
my hope that the Council will now take action on some of these items.
My primary mission in serving on the Affordable Housing Committee was to represent renters in any important decision
making that impacted their health, safety and general welfare, and to advocate for policy that would protect renters in South
Portland from the increasing frequency of dramatic rent increases, no-cause evictions and subsequent displacement. I feel
that the work I have done on the committee has done this, and that any further engagement in debate on the matter of
protections for renters would only be repeating what has already been debated. I am therefore officially resigning from the
Affordable Housing Committee.
In good faith I engaged in discussion and listened to the concerns of landlords, property owners and legal council.
Throughout the sub-committee process and afterward, it became apparent to me that the legal advice provided was coming
from a lawyer who primarily represents the interests of landlords, and who's legal advise was strictly her own opinion and
lacking any expertise in constitutional law. Statements she made during that sub-committee process were later proven to be
incorrect with some research, but unfortunately it had an impact on the process.
The sub-committee makeup to discuss the proposals of the South Portland Tenants Association was also unbalanced, as the
committee consisted of one renter (myself), two landlords (SPHA and SMLA), a landlord's lawyer and a property owner.
Further, legal advice given by the City's Corporation Counsel Sally Dagget lacked research and contradicted itself within the
same document in regard to what she felt the City could and could not do under home rule. The lack of follow-up given by
city staff to these legalities was disappointing, and I felt it demonstrated a lack of will to fully vet what was being proposed. In
my opinion, the response of "We don't think so, but lets see what Portland says" isn't legal advice that the City should have to
pay for. Unfortunately, this also steered the committee in its decision making process.
Ultimately, when the Maine Legislature repealed the rent control laws on the books in 1995, they explicitly said "The
legislature intends to permit municipalities to continue to adopt and enforce rent control ordinances under home rule
authority." It cannot be more clear than that.
In addition, the combination of the political leanings of committee members and that two renters resigned from the committee
before it's completion made any future vote on priorities skewed. I do not feel the committee truly represents the makeup of
the community. Even after voicing this concern, the committee still decided to take votes.
I do feel, though, that the City Council represents the makeup of the community, and that it should be in your hands to decide
what happens next in regard to protecting renters in our city. There will be legal challenges from landlords who want to
protect their interests, just as there are legal challenges from other entities in our community that want to protect their
interests. It is up to the Council to protect the health, safety and welfare of our residents. Greater Portland's social service
agencies are calling for it. The Mayor of Portland, Ethan Strimling, proposes to do so for its renters. An increasing number of
municipalities around the country are doing so in a thoughtful way. South Portland can do the same.
Attached are two documents:
1. A proposal that lists proposed consumer protects for renters in detail, which includes concerns raised by
landlords, the SPHA and City staff.
2. A draft ordinance to enact those proposals.
Even though I am now officially a homeowner in South Portland, I am still currently representing the South Portland Tenants
Association and willing to provide the City Council with any information or assistance I can outside of the committee process.
Please don't hesitate to contact me with any questions.
Sincerely,
Christopher Kessler
39 Stanley Street