The hack I am using now is:
var listHeight:int=44*dataProvider.length;//dataProvider is a var defined in the component and set as DP for the list
I don't like this though.
Long time no siege. (see)
I think another side-effect of this is that setting a maxHeight that's lower than the height of the list with 5 rows is unseless.
That's why I had the MAX_LIST_HEIGHT constant which I defined in the component.