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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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10/18/2022 Special and Regular
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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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8/14/2023 12:12:11 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
21
Date
10/18/2022
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Ordinance No. NS - ____ <br />Page 28 of 44 <br />the provisions of this Section. Petitions shall be available in the language that the <br />Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, <br />Tagalog, Vietnamese and Korean), as well as English . <br /> <br />(a) Filing Petition. Upon the filing of a Petition, the Program Administrator <br />shall notify the petitioner of the acceptance or denial of the Petition based on the <br />completeness of the submission. The Program Administrator shall not assess the <br />merits of the Petition, and shall only refuse acceptance of a Petition that does not <br />include required information or documentation or comply with the requirements of this <br />Division. <br /> <br />(b) Filing Fee. Fees for the filing of any Petition shall be established by City <br />Council resolution in the City’s Miscellaneous Fee Schedule. <br /> <br />(c) Prior Petition. Notwithstanding any other provision of this Division, no <br />Petition shall proceed if a decision has been made with regard to a prior Petition based <br />on the same or substantially the same grounds within the previous one hundred and <br />eighty (180) days. <br /> <br />(d) No Landlord Petition or upward adjustment of Rent shall be authorized <br />under this Division if the Landlord: <br /> <br />1) Has continued to fail to comply, after order of the Board, with any <br />provisions of this Article and/or orders or regulations issued <br />thereunder by the Board; or, <br />2) Has failed to bring the Rental Unit into compliance with the implied <br />warranty of habitability. <br />(e) Notice of Petition. As soon as possible after acceptance of a Petition, the <br />Program Administrator shall provide written notice to the Landlord, if the Petition was <br />filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt <br />of such a Petition. The written notice shall inform the parties of the Petition process, the <br />right to respond, and include a copy of the completed Petition and supportive <br />documents. Any response submitted by the responding party will be made available to <br />the petitioning party. <br /> <br />(f) Hearing Officer. An impartial Hearing Officer appointed by the Program <br />Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has <br />the following powers: <br /> <br />1) To make a determination on a Petition; and <br />2) Any other powers delegated to the Hearing Officer by the Board. <br />(g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its <br />own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the <br />Petition first being heard by a Hearing Officer. <br /> <br />EXHIBIT 2
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