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(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 />Section 8-3145 — Petition Process <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 />(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 />(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 />(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 />(d) No Landlord Petition or upward adjustment of Rent shall be authorized <br />under this Division if the Landlord: <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 />25 <br />