October 29, 1996October 18, 1996
NOTICE OF PUBLIC HEARING
- DATE:
- October 29, 1996
- TIME:
- 6:30 P.M.
- PLACE:
- 25 VAN NESS AVENUE (AT MARKET ST.)
SUITE 70, LOWER LEVEL
SAN FRANCISCO, CALIFORNIA
THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON
PROPOSED CHANGES TO THE RULES AND REGULATIONS GOVERNING THE RESIDENTIAL
RENT STABILIZATION AND ARBITRATION ORDINANCE, CHAPTER 37 OF THE
SAN FRANCISCO ADMINISTRATIVE CODE.
THE COMMISSION IS TAKING PUBLIC COMMENT ON THE ATTACHED LANGUAGE
REGARDING THE ISSUE(S) BELOW:
AMENDING SECTIONS 11.15, 11.20 and 11.21
PROPOSED AMENDMENTS TO THE RENT BOARD RULES AND REGULATIONS TO
IMPLEMENT THE RENT BOARDS MEDIATION PROGRAM.
Written comments may be sent to the Rent Board. As the Commission
often receives many comments, they should be in the office no
later than Thursday October 24, 1996, 5 P.M., so
that the Commissioners will have time to receive and review them
prior to the meeting. 12 copies are requested. While written
comments may be submitted after this date or at the hearing, the
opportunity to have your written comments fully considered may
be jeopardized. Interested parties will also have an opportunity
to comment regarding the amendments during the public hearing.
Please note that a three-minute speaking rule may be imposed.
(New text is underlined, [[deleted sections are
in double brackets]])
Section 11.15 [[Conciliation]] Mediation
[[Immediately prior to the hearing]] [I]n any case [[involving
failure to maintain and/or decrease in service petitions]] that
the Board may deem appropriate, the hearing officer may make an
earnest effort to settle the controversy by [[conciliation]]
mediation. The parties shall be given written notice of the
mediation session in accordance with Sections 11.10 (Time of
Hearing; Consolidation) and 11.11 (Notice of Hearing; Response).
Section 11.13 governing postponement of hearings shall apply to
mediation sessions. Written notice of the mediation session shall
explain the following: that participation in a mediation session
is voluntary; that a request by any party for an arbitration hearing
instead of a mediation session received prior to the scheduled
mediation shall be granted and held at the date and time of the
scheduled mediation session; that any request by any party for
an arbitration hearing instead of a mediation session received
after the commencement of the mediation session but before the
hearing officer has communicated privately with either party in
a caucus shall be granted and held at the date and time of the
scheduled mediation session; that an arbitration hearing will
be conducted instead of a mediation session if the responding
party fails to appear; and that the petition will be dismissed
with prejudice if the petitioning party fails to appear. Sections
11.14(b) (Absence of Parties), 11.22 (Personal Appearances and
Representation by Agent) and 11.23 (Legal Representation or Assistance
of an Interpreter in Certain Cases) shall apply to mediations.
If the parties fail to settle their differences through the
mediation process, an arbitration hearing may be held at the date
and time of the scheduled mediation session, or the petition will
be rescheduled in approximately thirty days for an arbitration
hearing on the merits, with a different hearing officer
if the hearing officer has communicated privately with either
party in a caucus . The hearing officer must fully inform
the parties of their rights under the Ordinance before any mediation
agreement becomes binding. To the extent possible, mediation
agreements shall be self-enforcing. The hearing officer shall
not allow any tenant to waive her/his rights to the lawful base
rent.
Section 11.20 Record of Proceedings
All proceedings before the hearing officer or the Board, except
investigatory review of Reports of Alleged Wrongful Eviction and
mediation sessions, shall be recorded by tape or other
mechanical means. A mediation agreement itself may be recorded
by tape. The Board may order a transcript [[thereof]] of
a recorded proceeding or mediation agreement, provided the
Board makes a copy available to the parties at the parties
expense. A party may order a transcript, provided that such party
makes a copy for the Board and offers a copy to the adverse party
without charge.
Section 11.21 Party Use of Reporter
A party desiring to preserve a record of a proceeding, except
a mediation session, may employ a reporter, provided that
copies of any transcript are supplied to the Board and offered
to the adverse party or parties without charge.
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