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NS-3027
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Last modified
10/27/2022 11:05:25 AM
Creation date
10/20/2022 3:23:06 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3027
Item #
21
Date
10/18/2022
Destruction Year
P
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(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same <br />building shall be consolidated for hearing, and all Petitions filed by Tenants occupying <br />the same building shall be consolidated for hearing, unless the Program Administrator <br />or Hearing Officer finds good cause not to consolidate such Petitions. <br />Q) Right of Assistance. All parties to a hearing may have assistance in <br />presenting evidence and developing their position from attorneys, legal workers, or any <br />other persons designated by said parties. <br />(k) Rules of Evidence. Formal rules of evidence shall not be applicable to <br />hearings on Petitions. At such a hearing, the parties may offer any documents, <br />testimony, written declarations, or other evidence that, in the opinion of the Hearing <br />Officer, is credible and relevant to the Petition. The Hearing Officer may consider the <br />results of inspections of the property in question and the results of any other <br />investigations conducted by or at the request of the Hearing Officer or Program <br />Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence <br />shall be excluded upon order by the Hearing Officer. <br />(1) Evidence. Any party may appear and offer such documents, testimony, <br />written declarations, or other evidence as may be pertinent to the proceeding. The <br />Hearing Officer may require either party to a Petition to provide any books, records, or <br />papers deemed pertinent, in addition to that information contained in the Petition and <br />Rental Registry. The Hearing Officer may request the City to conduct a current building <br />inspection if the Hearing Officer finds good cause to believe the current information <br />does not reflect the current condition of the Rental Unit. All documents required under <br />this section shall be made available to the parties involved prior to the hearing. In cases <br />where information filed in a Petition or in additional submissions filed at the request of <br />the Hearing Officer is inadequate or false, no action shall be taken on said Petition until <br />the deficiency is remedied. <br />(m) Quantum of Proof. The party who files the Petition shall have the burden <br />of proof. No Petition shall be granted unless supported by the preponderance of the <br />evidence submitted at the hearing. <br />(n) Time for Decision. The policies and procedures adopted by the Board <br />shall provide for final action on any Petition within a reasonable time. <br />(o) Notice of Decision. The Hearing Officer shall make a determination on the <br />merits of the Petition and shall provide a written statement of decision, including findings <br />upon which the determination is based. The Hearing Officer's decision on a Petition <br />may be reasonably conditioned in any manner necessary to effectuate the purposes of <br />this Article. Additionally, the parties to the hearing shall also be notified of their right to <br />any appeal allowed by the Board and/or to judicial review of the decision pursuant to <br />this Division. <br />Ordinance No. NS-3027 <br />Page 29 of 43 <br />
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