To view graphic version of this page, refresh this page (F5)

Skip to page body

October 29, 1996

October 29, 1996
October 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 BOARD’S 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.

jpg/docs/pubhrg/mediation/10/29/96

Last updated: 10/9/2009 11:26:06 AM