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NS-3073 - Adopting a Rent Stabilization Just Cause Eviction Ordinance
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NS-3073 - Adopting a Rent Stabilization Just Cause Eviction Ordinance
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Last modified
1/6/2025 7:28:49 AM
Creation date
12/12/2024 2:39:24 PM
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City Clerk
Doc Type
Ordinance
Agency
Community Development
Doc #
NS- 3073
Item #
1
Date
12/10/2024
Destruction Year
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4) To contest a Capital Improvement cost as an unauthorized or <br />excessive pass through; or, <br />5) For any other violation of this Article by the Landlord. <br />(b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition <br />under this Division shall do so within the following time limits: <br />1 } Tenant receiving a notice of Rent Increase shall have thirty (30) <br />days after service of such notice to file a Petition for review of Rent; <br />2) In instances where notice is not provided as required, the Tenant <br />shall file a Petition for review of Rent within thirty (30) days after <br />Tenant knew of the alleged failure to comply with the requirements <br />of this Article; and, <br />3) For any other violation(s) of this Article by the Landlord, the Tenant <br />shall file a Petition within one hundred and eighty (180) days of the <br />alleged violation(s). <br />(c) Standard of Review. All relevant factors shall be considered when <br />evaluating a Tenant Petition, including the following: <br />1 } Landlord allows violations of this Article or other applicable state <br />and local statutes to persist; <br />2) Any reduction of Housing Services, living space, or amenities; <br />3) Substantial deterioration of the Rental Unit other than as a result of <br />ordinary wear and tear; <br />4) Landlord's failure to provide adequate Housing Services; <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 />(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 />Ordinance No. NS-3073 <br />Page 25 of 40 <br />
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