Item 21 - Rent Stabilization and Just Cause Eviction Ordinances

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Ordinance No. NS - ____ Page 29 of 44 (f) Hearing Officer. An impartial hHearing oOfficer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers: 1) To make a determination on a Petition; and 2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer. (h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all p arties as to the time, date, and place of the hearing. (i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. (j) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from att orneys, legal workers, or any other persons designated by said parties. (k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the hHearing oOfficer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer. (l) Evidence. Any party may appear and offer such document s, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The hHearing oOfficer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The hHearing oOfficer may request the City to conduct a current building inspection if the hHearing oOfficer finds good cause to believe the current information does not reflect the current condition of the Rental Unit . All documents required under this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied. EXHIBIT 1