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Item 16 - Affirmation and/or Amendment of Rent Stabilization and Just Cause Eviction Ordinance
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10/03/2023 Regular
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Item 16 - Affirmation and/or Amendment of Rent Stabilization and Just Cause Eviction Ordinance
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10/3/2023 11:44:08 AM
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Agenda Packet
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16
Date
10/3/2023
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<br />Ordinance No. NS - ____ <br />Page 28 of 43 <br />5) Tenant provided Landlord with reasonable notice and opportunity to <br />correct the conditions that provide the basis for the petition; and, <br />6) Landlord’s failure to comply substantially with this Article or <br />applicable housing, health and safety codes. <br /> <br />(d) Restoration of Rent Decrease. Where a Rent decrease has been ordered <br />pursuant to this Division due to a decrease in Housing Services or failure to maintain <br />habitability, the amount of Rent decreased (return of excess Rent) may be restored in <br />accordance with procedures set out in the regulations when the former Housing <br />Services or maintenance levels are reinstated. <br /> <br /> <br />Section 8-3145 – Petition Process <br /> <br /> A Landlord or a Tenant may file Petitions with the Program Administrator, as <br />provided in this Division. For purposes of this Petition process, the Landlord and each <br />Tenant of a Rental Unit that is the subject of a Petition shall be a “party” to the Petition. <br />The Program Administrator shall promulgate regulations regarding procedures for <br />Petitions filed under this Article. Petitions shall be governed by such regulations and by <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 hundre d 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,
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