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07/06/2021 Regular
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Correspondence - Non-Agenda
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(9) Effective Date of Individual Rent Adjustment. Rent increases authorized pursuant <br />to this subsection shall become effective only after the Landlord provides the Tenant <br />written notice of such Rent increase pursuant to state law. <br />(c) Petition for Downward Adjustment — Failure to Maintain Habitable Premjc c <br />(1) Failure to maintain a Covered Rental Unit, or Rental Unit/Dwelling, or Mobilehome <br />Park or common area in a Mobilehome Park in compliance with governing health and <br />safety and building codes, including, but not limited to, California Civil Code Sections <br />798 et seq., 1941.1, et seq., and California Health and Safety Code Sections 17920.3 and <br />17920.10, constitutes an increase in Rent. A Tenant/Mobilehome Owner/Resident may <br />file a Petition with the Rent Board to adjust the Rent downward based on a loss in rental <br />value attributable to the Landlord's failure to maintain the Rental Unit in habitable <br />condition. <br />(2) A Petition filed by a Tenant/Mobilehome Owner/Resident under this subsection must <br />specify the conditions alleged to constitute the failure to maintain the Covered Rental <br />Unit, Rental Unit/Dwelling, or Mobilehome Park in habitable condition. The Petition <br />must also demonstrate that the Tenant/Mobilehome Owner/Resident provided the <br />Landlord with reasonable notice and opportunity to correct the conditions that form the <br />basis for the Petition. <br />(d) Petition for Downward Adjustment — Decrease in Housing Services or Maintenance. A <br />decrease in Housing Services, Service Reduction, or maintenance, or deterioration of a Covered <br />Rental Unit, Rental Unit/Dwelling, or Mobilehome Park beyond ordinary wear and tear, without <br />a corresponding reduction in Rent, is an increase in Rent. A Tenant/Mobilehome Owner/Resident <br />may file a Petition to adjust the Rent downward based on a loss in rental value attributable to a <br />decrease in Housing Services or maintenance or deterioration of the Covered Rental <br />Unit/Mobilehome Park. The Petition must specify the circumstances alleged to constitute a <br />decrease in Housing Services or maintenance, and demonstrate that the Landlord was provided <br />with reasonable notice and an opportunity to correct in like manner to Petitions filed pursuant to <br />Subsection (c)(2) herein. <br />(e) Petition for Downward Adjustment — Unlawful Rent. If a Landlord demands or retains <br />Rent in excess of the lawful Rent pursuant to this Chapter, a Tenant/Mobilehome <br />Owner/Resident may file a Petition to adjust the Rent to its lawful level. If the Rent Board grants <br />such a Petition, the Landlord shall be ordered to return any excessive Rent charged to the <br />Tenant/Mobilehome Owner/Resident in violation of this Chapter. <br />SECTION 14 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT- PROCEDURES <br />The Rent Board shall promulgate regulations regarding procedures for Petitions filed under this <br />Chapter. The resulting regulations and the provisions of this section shall govern the Petitions <br />brought under this section. <br />71 <br />
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