Unless otherwise defined elsewhere in this Article or State
law, the following words or phrases as used in this Article shall
have the following meanings:
means the abatement of hazardous materials, including lead-based
paint, mold, or asbestos, in accordance with applicable Federal, State,
and local laws or the addition or replacement of the following improvements
to a rental unit or common areas of the residential real property
containing the unit, provided such new improvement has a useful life
of five years or more, such as: structural, electrical, plumbing,
or mechanical system, roofing, carpeting, draperies, stuccoing the
outside of a building, air conditioning, security gates, swimming
pool, sauna or hot tub, fencing, garbage disposal, washing machine
or clothes dryer, dishwasher, children's play equipment permanently
installed on the premises, the complete exterior painting of a building,
and other similar improvements as determined by the Rental Housing
Board. Capital improvement does not include normal or routine maintenance
or repair.
means the City of Inglewood.
means the Housing Protection Department of the City of Inglewood,
or other department designated by the City Manager to administer the
provisions of this Chapter.
means a structure or the part of a structure with facilities
for living, sleeping, cooking, and eating that is used as a home,
residence, or sleeping place by one person who maintains a household
or by two or more persons who maintain a common household.
means all services provided by the owner related to the use
or occupancy of a rental unit, including, but not limited to, insurance,
repairs, replacement, utilities (unless separately billed to the tenant
by the utility company), right to have specified number of tenants
or occupants, allowing pets, communications technologies (internet,
cable and satellite services), window shades and screens, maintenance,
painting, heat, hot and cold water, elevator service, laundry facilities,
janitorial service, refuse removal, furnishings, parking, storage,
and any other benefit, privilege or facility that has been provided
by the owner to the tenant with use or occupancy of a rental unit.
Services to a rental unit shall include a proportionate part of services
provided to common facilities of the building in which a rental unit
is contained.
means any person, partnership, corporation, family trust,
and any other business entity or successor thereof, with an ownership
interest in a rental unit, offering for rent or lease the rental unit,
and the employee, agent or representative of any such person, partnership,
corporation, family trust or other business. "Owner" does not include
the owner or operator of a mobile home park, or the owner of a mobilehome
or his or her agent.
means a person appointed by the City Council to administer
this Article.
means all periodic payments and all nonmonetary consideration,
including, but not limited to, fair market value of goods, labor performed
or services rendered by a tenant to or for the benefit of the owner
under a rental housing agreement concerning the use or occupancy of
a rental unit including related pass-through registration fees, pass-through
capital improvement project fees, housing services and all payment
and consideration demanded or paid for parking, utility charges (unless
separately billed to the tenant by the utility company), allowing
pets, furniture, or subletting.
means an agreement, oral, written, or implied, between an
owner and tenant for the use or occupancy of a rental unit and for
housing services.
means the Rental Housing Board established by Inglewood Municipal Code Section 2-152.88 et seq.
means a dwelling unit, other than the exemptions set forth
below, offered or available for rent in the City together with the
land and appurtenant buildings thereto and all housing services, privileges
and facilities provided in connection with the use or occupancy thereof.
The following are not considered "rental units":
Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b) or Inglewood Municipal Code Section 12-1.55.
Housing accommodations in a nonprofit hospital, religious facility,
extended care facility, licensed residential care facility for the
elderly, as defined in Health and Safety Code Section 1569.2, or an
adult residential facility, as defined in Chapter 6 of Division 6
of Title 22 of the Manual of Policies and Procedures published by
the State Department of Social Services.
Dormitories owned and operated by a school (K-12) or an institution
of higher education.
Housing restricted by deed, regulatory restriction contained
in an agreement with a government agency, or other recorded document
as affordable housing for persons and families of very low, low, or
moderate income, as defined in Health and Safety Code Section 50093.
Units exempt pursuant to the Costa-Hawkins Rental Housing Act
(Civil Code Sections 1954.50—1954.535).
Owner-occupied residences in which the owner-occupant rents
or leases no more than one rental unit (including, but not limited
to, an accessory dwelling unit or a junior accessory dwelling unit),
single-family residences, or rental units that are alienable separate
from the title to any other dwelling unit, provided that both of the
following apply:
All owners are natural persons; and
The tenants have been provided written notice that the rental
unit is exempt from this Article using the following statement:
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"This property is not subject to the rent limits imposed by Section 8-127 of the Inglewood Municipal Code and is not subject to the rent regulations of Chapter 8, Article 10 of the Inglewood Municipal Code. This property meets the requirements of Section 8-125(k)(6)."
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For a tenancy existing before June 1, 2021, the notice required
in the above paragraph must be provided as an addendum to the rental
agreement. For any tenancy commenced or renewed on or after June 1,
2021, the notice required in the above paragraph must be provided
in the rental agreement.
Housing that has been issued a certificate of occupancy for
new construction within the previous fifteen years or for which the
certificate of occupancy was issued prior to residential use of the
dwelling unit.
includes any parcel of land containing one or more dwelling
units that are intended for human habitation.
means a person entitled, by written or oral agreement with
the owner, or by sufferance, to the use or occupancy of a rental unit.
(Ord. 21-09 5-10-21)
(a)
The
initial registration date requiring rental unit registration pursuant
to this Section shall be January 7, 2022, unless modified by Resolution
of the City Council. Commencing on the initial registration date:
(1)
An
owner must file a registration statement for each rental unit that
is offered for rent or rented for a term exceeding thirty consecutive
days with the City.
(2)
Any
person with an ownership interest in a dwelling unit that is claiming
an exemption from this Article must file with the Housing Protection
Department a claim of exemption.
(b)
For
the subsequent years after initial registration date, each registration
statement and claims of exemption(s) must be annually filed on or
before October 1 of each year. The City Council may modify the annual
registration date by resolution.
(c)
Commencing
May 1, 2022, the City may commence enforcement against any owner who
fails to register a unit according to this Chapter. Furthermore, no
owner shall advertise for rent, demand or accept rent for a rental
unit, or evict any tenant from a rental unit, without first procuring
and serving a copy of a valid registration certificate on the tenant
of that rental unit. In addition, no petition, application, claim,
or request will be accepted by the program administrator from any
owner, and no hearing or other proceeding shall be scheduled or take
place on any such petition, application, claim or request, and no
rent increases granted by program administrator, Hearing Officers
or the Board shall take effect for any rental unit unless the owner
has procured and served a copy of a valid registration certificate
on the tenant of that rental unit.
(d)
Registration
of a rental unit shall not be complete, and no registration certificate
shall issue, until the owner has:
(1)
Paid
all fees owed to the City with respect to the rental unit including
registration fees imposed pursuant to this Article;
(2)
Obtained
a valid business tax certificate for the owner and any property management
company acting as the owner's agent; and
(3)
Filed
a complete and accurate registration statement for that unit including
all information required by this Article and any rules or regulations
adopted by the Board.
(e)
Each
registration statement shall include rent amounts and tenancy information
for the rental unit subject to this Article on a form prescribed by
the Department, which must include the following information for each
rental unit:
(1)
Location
of the rental unit, including identifying number or letter;
(2)
All
amenities and housing services associated with the rental unit;
(3)
Total
number of permanent occupants;
(4)
The
name of an emergency contact, including the contact's name, address
and phone number; and
(5)
Date
of last rent increase.
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The Board and or program administrator may adopt rules and regulations
which require additional information to be collected and recorded
in registration statements.
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(f)
A registration
fee shall be charged for each complete registration filed on or after
April 1, 2022. The amount of the registration fee or fee for filing
a claim of exemption for each dwelling unit shall be set by resolution
of the City Council. Registration fees are intended to recover the
City's reasonable costs associated with enforcing its housing protection
regulations as set forth in Articles 9 and 10 of Chapter 8 of the
Municipal Code, and related inspection programs.
(g)
The
Rental Housing Board shall establish policies and procedures governing
the granting or denial of a fee waiver by City staff. Any appeal of
a fee waiver decision shall be reviewed by the Rental Housing Board.
(h)
After
timely payment of registration fees, the owner may pass through fifty
percent of the fee to tenants of the applicable unit at a maximum
monthly pro rata of 1/12 of the fee per rental unit. If an owner fails
to pay the fee on or before the date the fee is due, it cannot be
passed through to the tenants.
(i)
The owner of a rental unit or dwelling unit which is registered as an exempt unit with the Department shall provide the Department, on the form approved by the Department and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by October1 of each year for any unit, that unit shall be deemed to be subject to the provisions of this Article and the unit and all applicable registration fees shall be deemed due and non-refundable. If an owner files a claim of exemption declaring that the rental unit is not subject to the registration requirements of this Subsection because the rental unit is not being offered for rent, the owner shall provide the Department with a copy of a notice recorded against the property declaring that the unit is and shall remain vacant, and the unit shall be secured against unauthorized entry.
(j)
For
every property for which an owner is required to submit a registration
statement, the owner shall post a copy of the registration certificate.
Certificates must be posted in a conspicuous location in the lobby
of the property, near a mailbox used by all residents on the property,
or in or near a public entrance to the property. The certificate shall
be written in English and Spanish, and in any other languages as required
by the Department.
(k)
Registration
certificates shall expire on September 30 of the year following issuance.
(l)
When
the Department determines that the registration statement is complete,
the Department shall issue a registration certificate for the rental
unit.
(1)
If
the Department determines that the registration fees or information
in the registration statement is deficient or inaccurate, it shall
provide written notification to the owner of the failure to comply
with this Section and allow fifteen calendar days to respond. The
Department will not issue a registration certificate for the unit
until the owner has substantially complied by paying all fees and
providing the required information.
(2)
Any
owner disputing the Department's determination of deficient registration
may file a written appeal within ten calendar days of the date of
the notice of deficiency. The Department shall provide a written decision
within thirty calendar days of its decision as to that appeal which
shall be a final administrative decision. The Board may promulgate
regulations to implement these provisions.
(m)
If the Board or a Hearing Officer determines that any unit was incorrectly registered as exempt due to any affirmative misrepresentations by any owner, the exemption for that unit may be revoked retroactively, and the unit will be subject to any applicable enforcement measures of this Article, including Subsection (c) of this Section, as well as all other applicable penalties under this Code or State law.
(Ord. 21-09 5-10-21)
(a)
An owner of any residential real property containing five or more rental units shall not over the course of any twelve-month period increase the rent for a rental unit on such property by more than three percent or the percentage change in the cost of living, whichever is greater, of the lowest rent ˗ not including any pass-through registration fees or increases authorized under Section 8-129 ˗ charged for that rental unit at any time during the twelve months prior to the effective date of the rent increase. The rent increase limitations in this Subsection do not invalidate any rent increase that took effect prior to the effective date of the ordinance codified in this Article that complied with Interim Ordinance No 19-07. The City Council shall review the allowable rent increase percentage above no later than nine years after the effective date of the ordinance codified in this Article.
(b)
An owner of any residential real property containing four or fewer rental units shall not over the course of any twelve-month period increase the rent for a rental unit on such property by more than five percent plus the percentage change in the cost of living, as defined in Section 8-127(e), or ten percent, whichever is lower, of the lowest rent ˗ not including any pass-through registration fees or increases authorized under Section 8-129 ˗ charged for that rental unit at any time during the twelve months prior to the effective date of the rent increase.
(c)
Residential
real property located at 435 W. Regent Street whose owner(s) voluntarily
provided relocation assistance or alternative residential rental housing,
shall not over the course of any twelve-month period increase the
rent for a rental unit by more than five percent plus the percentage
change in the cost of living or ten percent whichever is lower. This
exception shall remain in effect only until December 31, 2024, and
at the end of that date is repealed.
(d)
Residential
real property located at 621 E. 99th Street whose owner(s) voluntarily
provided relocation assistance or alternative residential rental housing,
shall not over the course of any twelve-month period increase the
rent for a rental unit by more than five percent plus the percentage
change in the cost of living or ten percent whichever is lower. This
exception shall remain in effect only until December 31, 2024, and
at the end of that date is repealed.
(e)
Limitations
on Separating Charges for Housing Services from Rent.
(1)
For
any rental housing agreement or any rental housing agreement that
has been converted to a month-to-month tenancy in which charges or
fees for utilities, parking, storage, pets or any other charge or
fee associated with the tenancy that is included in the rent, the
owner shall not:
(A)
Unbundle any of such charges or fees during the term of the rental
housing agreement, or the month-to-month tenancy; or
(B)
Increase any of such charges or fees except for increased charges
paid directly to the owner for utilities that are separately metered
or for charges for utilities that are pro-rated among the tenants
pursuant to a ratio utility billing system or a similar cost allocation
system.
(2)
For
a new or renewed rental housing agreement, or revisions to the terms
of a month-to-month tenancy, to the extent an owner unbundles or increases
any of such charges or fees and lists them separately in a new or
renewed rental housing agreement, or in the terms of a revised month-to-month
tenancy, the amount of such charges or fees shall be included in calculating
the rent.
(3)
Notwithstanding
paragraphs (1) and (2) of this Subsection (e), to the extent that
a tenant requests housing services that were not included in an existing
rental housing agreement, or month-to-month tenancy, such as a parking
space or an additional parking space, storage space or additional
storage space, a pet or an additional pet, or to the extent that utilities
are separately metered or the amount of such utility charges are pro-rated
among the tenants pursuant to a ratio utility billing system or other
similar cost allocation system but the charges are paid directly to
the owner, such fees for housing services or charges for utilities
shall not be included in calculating the rent.
(f)
For
a rental unit in which an additional tenant joins the occupants of
the rental unit thereby resulting in an increase in the number of
tenants from that existing at the inception of the tenancy:
(1)
In addition to the increase allowed under Subsection (a), the owner may increase the rent for a rental unit by an amount not to exceed ten percent of the lowest rent ˗ not including any pass-through registration fees or increases authorized under Section 8-129 ˗ charged for that rental unit at any time during the twelve months prior to the effective date of the rent increase, for each additional tenant that joins the occupants of the rental unit, except as follows:
(A)
This Subsection shall not apply if the owner had actual or constructive
knowledge of the additional tenant's occupancy of the rental unit
for more than sixty days and has failed to notify the tenant of the
increase authorized pursuant to this Subsection;
(B)
If the additional tenant joined the occupants of the rental unit
prior to the effective date of this amendment and the owner had actual
or constructive knowledge of the additional tenant's occupancy of
the rental unit prior to the effective date of this amendment, the
owner shall not be able to increase the rent pursuant to this Subsection
unless the owner had notified the tenant of the increase within sixty
days of the effective date of this amendment;
(C)
This Subsection shall not apply to the first minor dependent child
(or first minor dependent children of a multiple birth) added to an
existing tenancy.
(2)
A
rental unit shall not be eligible for a rent increase under this Section
until an additional tenant has maintained residence in the rental
unit for a minimum of thirty consecutive days.
(g)
The
percentage change in cost of living for purposes of this Section shall
be measured based on the Consumer Price Index average for the area
(Los Angeles-Long Beach-Anaheim) for the twelve-month period ending
April 30 of each year.
(h)
An owner
shall not increase the rent more than one time per twelve-month period,
this includes any rent increase that occurred in the twelve months
preceding the effective date of the ordinance codified in this Article.
The twelve-month period shall be calculated from the date the rent
increase takes effect.
(i)
This
Article does not supersede an owner's right to set the initial rent
for new tenancies under State law.
(Ord. 21-09 5-10-21)
(a)
If an
owner of any residential real property containing five or more dwelling
units charges an existing tenant rent for a rental unit that is less
than eighty percent of fair market rents for a comparable unit, upon
approval of the program administrator, the owner may increase the
rent by up to five percent plus the percentage change in cost of living.
The program administrator shall only approve rent increases for twelve-month
periods under this Section until the rent reaches or exceeds eighty-one
percent of fair market rents.
(b)
The
percentage change in cost of living shall be measured based on the
Consumer Price Index average for the area (Los Angeles-Long Beach-Anaheim)
for the twelve-month period ending April 30 of each year.
(c)
If an
owner of any residential real property containing four or fewer dwelling
units charges an existing tenant rent for a rental unit that is less
than eighty percent of fair market rents for a comparable unit, upon
approval of the program administrator, the owner may increase the
rent by up to an additional two percent. The program administrator
shall only approve increases for twelve-month periods under this Section
until the rent reaches or exceeds eighty-one percent of fair market
rents.
(d)
The
U.S. Department of Housing and Urban Development's Office of Policy
Development and Research's (HUD PD&R) then-most recently published
fair market rents for Los Angeles County shall be used for determining
fair market rents. In the event HUD PD&R ceases publishing such
fair market rents, the Rental Housing Board, by resolution, may identify
an alternative source of fair market rents.
(Ord. 21-09 5-10-21)
(a)
Notwithstanding Inglewood Municipal Code Section 8-127, and commencing on October 1, 2021, an owner may, subject to approval by the Rental Housing Board, increase an existing tenant's rent for a rental unit to recover the owner's costs for a capital improvement if all of the following conditions are met:
(1)
The
owner makes a capital improvement costing over $5,000 to a rental
unit, or $10,000 to the real property where the unit is located.
(2)
The
owner files an application with the Rental Housing Board to recover
a portion of owner's capital improvement costs in accordance with
the policies and procedures adopted by the Board.
(3)
The
owner serves a copy of the application, within five days of filing
with the Board, on each tenant whose rent would be increased if the
application is approved.
(b)
If the
Rental Housing Board approves an owner's application, the Rental Housing
Board shall decide the terms of the monthly rent increase. Any such
rent increase authorized under this Section shall not: (1) exceed
$100 per month per rental unit; (2) be for more than seventy-two months;
(3) allow the owner to recover more than fifty percent of owner's
capital improvement costs; or (4) apply to rental units or new tenants
whose initial rent was established after the owner filed the application
for a rent increase under this Section.
(c)
The
owner shall provide tenants with written notice of the terms of the
rent increase authorized by the Rental Housing Board.
(d)
This
Section shall be applicable to improvements made on or after December
5, 2019.
(e)
A complete
application will be processed and interpreted in accordance with the
rules and law in effect on the date the application was complete.
(Ord. 21-09 5-10-21)
Unless otherwise prohibited by State law or the terms of a written lease agreement, an owner may increase a tenant's security deposit for a rental unit at the same time the owner seeks to increase the rent under Section 8-127 or 8-128. Any increase in the security deposit shall be clearly stated in the written notice of the annual rent increase and not exceed $30 per month until the security deposit equals the maximum amount authorized by State law.
(Ord. 21-09 5-10-21)
In any action brought by an owner to recover possession of a
rental unit, the owner shall allege and prove, by a preponderance
of evidence, that the owner has a valid and current business tax certificate
and is in compliance with Articles 9 and 10 of Chapter 8 of the Municipal
Code. An owner's failure to comply with any requirement of either
Article is a complete affirmative defense in an unlawful detainer
or any other action brought by an owner to recover possession of the
rental unit.
(Ord. 21-09 5-10-21)
A tenant may bring a civil suit in the courts of this State
alleging that the owner of the rental unit in which tenant resides
has violated any of the provisions of Article 9 or 10 of Chapter 8
of the Municipal Code, or any regulation promulgated thereunder. An
owner found to have violated either Article, in a civil suit, shall
be liable to the tenant for all actual and punitive damages, and the
prevailing tenant shall be entitled to reasonable attorney's fees
and costs as determined by the court. Additionally, upon a showing
that the owner has acted willfully or with oppression, fraud, or malice,
the tenant shall be awarded treble damages. No administrative remedy
need be exhausted prior to filing a civil suit pursuant to this Section.
(Ord. 21-09 5-10-21)
(a)
Retaliation.
No owner may threaten to bring, or bring, an action to recover possession
of a rental unit, cause the tenant to quit a rental unit involuntarily,
serve any notice to quit or notice of termination of tenancy, decrease
any housing services or increase the rent where the owner's intent
is to retaliate against the tenant for tenant's assertion or exercise
of rights under Article 9 or 10 of Chapter 8 of the Municipal Code,
or under State or Federal law; for the tenant's request or demand
for, or participation in mediation or arbitration under any public
or private mediation program; or for the tenant's participation in
litigation. Such retaliation shall be a defense to an action to recover
possession of a rental unit, or it may serve as the basis for a civil
action by the tenant for actual and punitive damages and injunctive
relief.
(b)
Tenant
Harassment. No owner shall, with respect to any tenancy subject to
the protections of this Article, do any of the following in bad faith:
(1)
Interrupt,
terminate, or fail to provide housing services required by contract
or by State, County or local housing, health or safety laws;
(2)
Fail
to perform repairs and maintenance required by contract or by State,
County, or local housing, health or safety laws;
(3)
Fail
to exercise due diligence in completing repairs and maintenance once
undertaken;
(4)
Abuse
the owner's right of access into a rental unit as that right is specified
in California Civil Code Section 1954. This includes entries for "inspections"
that are not related to necessary repairs or services; entries excessive
in number; entries that improperly target certain tenants or are improperly
used to collect evidence against the occupant in a matter unrelated
to the tenancy or otherwise beyond the scope of an otherwise lawful
entry;
(5)
Abuse
a tenant with words which are offensive and inherently likely to provoke
an immediate violent reaction;
(6)
Influence
or attempt to influence a tenant to vacate a rental unit through fraud,
intimidation or coercion;
(7)
Threaten
a tenant, by word or gesture, with physical harm;
(8)
Violate
any law which prohibits discrimination based on race, gender, sexual
preference, sexual orientation, ethnic background, nationality, religion,
age, parenthood, marriage, pregnancy, disability, AIDS, occupancy
by a minor child, or any other legally protected class;
(9)
Take
action to terminate any tenancy including service of any notice to
quit or other eviction notice or bring any action to recover possession
of a rental unit based upon facts which the owner has no reasonable
cause to believe to be true or upon a legal theory which is untenable
under the facts known to the owner. No owner shall be liable under
this Subsection for bringing an action to recover possession unless
and until the tenant has obtained a favorable termination of that
action. This Subsection shall not apply to any attorney who in good
faith initiates legal proceedings against a tenant on behalf of an
owner to recover possession of a rental unit;
(10)
Interfere with a tenant's right to quiet use and enjoyment of a rental
unit as that right is defined by California law;
(11)
Refuse to acknowledge receipt of a tenant's lawful rent payment;
(12)
Interfere with a tenant's right to privacy, including, but not limited
to, entering or photographing portions of a rental unit that are beyond
the scope of a lawful entry or inspection.
(Ord. 21-09 5-10-21)
Any violation of this Article is a misdemeanor. The City, at
its sole discretion, may choose to enforce the provisions of this
Article through its administrative citations procedure set forth in
Chapter 11, Article 11.4 of the Municipal Code, and may pursue any
other civil or criminal enforcement action. The City's decision to
pursue or not pursue enforcement of any kind shall not affect a tenant's
right to pursue civil remedies under this Article or any other applicable
law.
(Ord. 21-09 5-10-21)
(a)
An owner or a tenant may file a petition with the program administrator to request an upward or downward adjustment of rent, establish eligibility for exemptions under this Chapter, dispute the amount of relocation assistance due under Section 8-123, or other petitions as provided in adopted regulations, and appeals as provided in this Article. For purposes of a petition process, the owner and each tenant of a rental unit that is the subject of a petition shall be a "party" to the petition.
(b)
Upon
the filing of a petition, the program administrator shall notify the
petitioner of the acceptance or denial of the petition based on the
completeness of the submission. The program administrator shall not
assess the merits of the petition but shall only refuse acceptance
of a petition that does not include required information or documentation.
Upon acceptance of a petition, the program administrator shall provide
written notice to the parties. The written notice shall inform the
parties of the petition process, the right to respond, and include
a copy of the completed petition with the supportive documents available
upon request. Any response submitted by the responding party will
be made available to the petitioning party. Each accepted petition
shall be scheduled for a hearing by the Hearing Officer to be held
on a date that is not less than fifteen days and not more than sixty
days from the date that the program administrator accepts the petition.
With agreement of the parties, the Hearing Officer may hold the hearing
beyond the sixty days. Before the hearing, the program administrator,
or designee, may attempt, with the parties concurrence, to mediate
a resolution of the petition. Notwithstanding any other provision
of this Article, the Hearing Officer may refuse to hold a hearing
or grant a rent adjustment if a Hearing Officer has held a hearing
and made a decision with regard to the same parties and issues within
the previous six months based on the same or substantially the same
grounds.
(c)
The
Board may elect to conduct a hearing on any petition on its own motion
or that of a party. Otherwise, the program administrator shall assign
the hearing to a Hearing Officer appointed by the City Manager or
designee.
(d)
The
Hearing Officer shall conduct the hearing informally. The proceeding
will not be governed by the technical rules of evidence and any relevant
evidence will be admitted. While relevant hearsay evidence can be
considered, hearsay evidence cannot be the sole basis to provide substantial
evidence to support a decision. The Hearing Officer shall have the
power to issue subpoenas. The Hearing Officer shall have no authority
to consider the constitutionality of any Federal, State or local law
or regulation.
(e)
Any
party may appear and offer such documents, testimony, written declarations,
or other evidence as may be pertinent to the proceeding. Each party
shall comply with the Hearing Officer's request for documents and
information and shall comply with another party's reasonable requests
for documents and information. The Hearing Officer may proceed with
the hearing notwithstanding that a party has failed to appear, failed
to provide the documents or information requested by the Hearing Officer
or by another party. The Hearing Officer may take into consideration,
however, the failure of a party to provide such documents or information.
(f)
The
Hearing Officer may request the City to conduct a building inspection
if the Hearing Officer finds good cause to believe that the Board's
current information does not reflect the current condition of the
rental unit.
(g)
The
Hearing Officer may consolidate pending petitions pertaining to tenants
in the same building unless a Hearing Officer finds good cause not
to consolidate.
(h)
The
party who files the petition shall have the burden of proof. As to
the burden of proof, the Hearing Officer shall use the preponderance
of evidence test, i.e., that what the petitioner is required to prove
is more likely to be true than not and, after weighing all the evidence,
if the Hearing Officer cannot decide that something is more likely
to be true than not, the Hearing Officer must conclude that the petitioner
did not prove it.
(i)
The
hearing will be recorded for purposes of judicial review. The Hearing
Officer may request a transcript prior to making a decision.
(j)
The
Hearing Officer has the following powers:
(1)
To
order an upward or downward adjustment of rent;
(2)
To
order a temporary downward adjustment of rent for no longer than twelve
months to offset any rental amounts which were in excess of the rent
allowed under this Chapter;
(3)
To
make recommendations to Board regarding exemptions under this Chapter;
and
(4)
Any
other powers delegated to the Hearing Officer by the Board.
(k)
In making
an upward adjustment of rent, the Hearing Officer shall grant an upward
adjustment only if such an adjustment is necessary to provide the
owner with a constitutionally required fair return on property. The
Hearing Officer shall not determine a fair return solely by the application
of a fixed or mechanical accounting formula but there is a rebuttable
presumption that maintenance of net operating income for the base
year, as adjusted by inflation over time, provided an owner with a
fair return on property.
(l)
In making
a downward adjustment of rent, the Hearing Officer may consider decreases
in housing services, living space, or amenities; substantial deterioration
of the rental unit other than as a result of ordinary wear and tear;
the owner's failure to comply substantially with applicable housing,
health and safety codes; the owner's failure to comply with this Article;
and the owner's right to fair return on property.
(m)
Within
thirty days of the close of the hearing, the Hearing Officer shall
make a determination on the merits of the petition based on the preponderance
of the evidence and shall provide a written statement of decision,
including findings upon which the decision is based, to the program
administrator.
(n)
The
program administrator shall send to the parties the Hearing Officer's
decision and a notice of the parties' rights to appeal.
(o)
Any
person aggrieved by the Hearing Officer's decision may appeal to the
Board. On appeal, the Board shall affirm, reverse, or modify the decision
of the Hearing Officer. Unless the Board elects to conduct a de novo
hearing, Board review of the Hearing Officer's decision shall be based
on the record before the Hearing Officer without holding a new hearing
and the Hearing Officer's decision shall be affirmed unless it is
not supported by substantial evidence or is clearly erroneous. The
Board may consider additional evidence for good cause including evidence
which did not exist at the time of the hearing or which could not
be discovered using due diligence by a party.
(p)
The
Hearing Officer's decision shall be the final decision of the Board
in the absence of an appeal to the Board. The decision shall not be
stayed pending appeal. In the event that the Board on appeal reverses
or modifies the decision of the Hearing Officer, the owner, in the
case of an upward adjustment of rent, or a tenant, in the case of
a downward adjustment of rent, shall be ordered to make retroactive
payments to restore the parties to the position they would have occupied
had the Hearing Officer's decision been the same as the Board's.
(Ord. 21-09 5-10-21)
