Proposition H Implementation Regulation
Proposal
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PROPOSED AMENDMENTS TO RENT BOARD RULES AND
REGULATIONS §1.13 PURSUANT TO NOVEMBER 2000 PROPOSITION H, TO BE
EFFECTIVE ONLY IF THE STAY OF IMPLEMENTATION OF PROPOSITION H ORDERED
ON DECEMBER 20, 2000 IN QUIGG VS. CITY AND COUNTY OF SAN FRANCISCO,
ET AL., SUPERIOR COURT CASE NUMBER 316928, IS NO LONGER IN EFFECT.
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Pursuant to November 2000 Proposition H,
"Capital improvements" means those improvements which materially
add to the value of the property, and appreciably prolong
its useful life. or adapt it to new uses, and which may
be amortized over the useful life of the improvement of the building.
Capital improvements do not include normal routine maintenance and
repair. (For example, the patching of a roof is not a capital improvement
while the partial or complete replacement of the old roof is; repair
of a foundation is considered a capital improvement and not a repair.)
Repairs which are incidental to a capital improvement project, or
replacement of an item normally considered a capital improvement,
are also defined as capital improvements. Capital improvements otherwise
eligible are not eligible if the landlord charges a use fee such as
where the tenant must deposit coins to use a landlord-owned washer
and dryer. Capital improvements shall be classified as either
(a) seismic retrofit work or (b) work that is not seismic retrofit
work ("non-seismic capital improvement work"). Capital improvements
classified as seismic retrofit work shall be treated differently than
capital improvements classified as work that is not seismic retrofit
work, in accordance with Section 37.3(a)(3) of the Rent Ordinance.
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(a) Seismic retrofit capital improvement
work shall consist of work performed to improve a property’s resistance
to seismic motions, whether or not performed in accordance with Building
Code Chapter 16 (formerly Chapters 14 and 15), including bolting, bracing,
shearwalling or other seismic strengthening work. A landlord may impose
rent increases for seismic retrofit capital improvement work without
regard to a maintenance-of-net-operating-income fair return analysis,
provided such costs are certified pursuant to Rules and Regulations
Sections 7.10 -7.17.
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(b) All other capital improvement work, including
but not limited to rehabilitation and energy conservation measures,
shall be considered non-seismic capital improvement work. A landlord
may impose rent increases for non-seismic capital improvement work only
to the extent necessary to provide a constitutionally required fair
return on the property under the maintenance-of-net-operating-income
standard of fair return, provided such costs are certified pursuant
to Rules and Regulations Sections 7.10 -7.24. For purposes of certifying
the costs of non-seismic capital improvement work, the following definitions
shall be used:
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(1) Net Operating Income. Net Operating
Income equals Gross Income less Operating Expenses as defined below.
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(2) Gross Income. Gross Income equals
the following and includes, but is not limited to, income from residential,
commercial, vacant and owner-occupied units on the property:
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(i) Operating expenses shall include the
following expenses for all units on the property, including but not
limited to residential, commercial, vacant and owner-occupied units:
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(C) Utility costs paid by the landlord,
including gas, electricity, water, sewer, cable, and refuse removal;
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(F) Reasonable professional expenses,
fees and costs, which shall include attorney fees, legal fees and
costs incurred in connection with good faith attempts to determine
or recover rents owing and good faith unlawful detainer actions
not in derogation of applicable law, to the extent those amounts
are not recovered. If it is determined that these expenses will
not occur annually, the Administrative Law Judge may amortize those
expenses;
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(G) Normal routine repair and maintenance
expenses, including repair of all standard services such as elevator,
electrical and plumbing, and repair or replacement of furnished
appliances;
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(H) The amortized cost of capital improvements
with interest, exclusive of uncompensated labor, calculated pursuant
to Rules and Regulations Sections 7.12, 7.14, and 7.15, whether
or not the capital improvements were previously certified by the
Rent Board;
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(I) Uncompensated labor pursuant to Rules
and Regulations Section 7.13. The landlord has the burden of proving
that all uncompensated labor was performed in connection with either
administrative-management tasks, repair and maintenance tasks, or
capital improvement work; and
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(E) Any expense for which the landlord
has been reimbursed by any security deposit, insurance settlement,
judgment for damages, settlement, or any other method.
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PROPOSED AMENDMENTS AND ADDITIONS TO RENT BOARD
RULES AND REGULATIONS PART 7 PURSUANT TO NOVEMBER 2000 PROPOSITION H,
AMENDING SECTIONS 7.10, 7.12 AND 7.13 AND ADDING NEW SECTIONS 7.19 THROUGH
7.24, TO BE EFFECTIVE ONLY IF THE STAY OF IMPLEMENTATION OF PROPOSITION
H ORDERED ON DECEMBER 20, 2000 IN QUIGG VS. CITY AND COUNTY OF SAN
FRANCISCO, ET AL., SUPERIOR COURT CASE NUMBER 316928, IS NO LONGER
IN EFFECT.
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PART 7 LANDLORD APPLICATIONS FOR CERTIFICATION
OF CAPITAL IMPROVEMENTS, REHABILITATION, AND/OR ENERGY CONSERVATION WORK
PURSUANT TO NOVEMBER 2000 PROPOSITION H.
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(Amended August 29, 1989 by correction May
1, 1990; June 18, 1991; subsection (d) added on January 31, 1995;
amended March 7, 1995; repealed and adopted April 25, 1995; effective
February 1, 1995)
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(a) Those landlords who seek to pass through
the cost of capital improvements, rehabilitation and/or energy conservation
work pursuant to the November 2000 Proposition H, whether
for seismic retrofit work or for non-seismic capital improvement work,
must file an application (petition) for certification
on a forms prescribed by the Board. and accompanied
by the appropriate filing fee as set forth in Section 3.10(b) above.
On and after December 21, 2000, only the landlord
who paid for seismic retrofit work may file a petition for certification
of the costs of the seismic retrofit work.
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(1) The application for certification
of seismic retrofit capital improvement costs shall
be accompanied by: (1) (i) copies of the
application in sufficient number to distribute to each of the tenants
named in the application, plus one additional copy for the estimator;
(2) (ii) two copies of all claimed invoices,
signed contracts, and cancelled checks substantiating the costs for
which the landlord has not been compensated by insurance proceeds;
(3) (iii) if claim is made for uncompensated labor,
the application shall specify the work performed and include
a copy of a log of dates and times when on which the
work was performed; and (4) (iv) copies of proof of
compliance with the Department Bureau of Building Inspection
for any work claimed for energy conservation measures or other
work for which proof of compliance is required by State or local
law.
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(2) The application for certification of
non-seismic capital improvement costs shall be accompanied
by: (i) copies of the application in sufficient number to distribute
to each of the tenants named in the application, plus one additional
copy for the estimator; (ii) two copies of all claimed invoices, signed
contracts, canceled checks, or other documents substantiating the
costs of all claimed Operating Expenses, including the costs of capital
improvements, in both the Base Year and the Current Year; (iii) if
a claim is made for uncompensated labor, the application shall include
a copy of a log of dates and times when the work was performed, and
shall specify the administrative-management task, repair or maintenance
task, or capital improvement work performed, and, where applicable,
specify the unit for which the work was done; (iv) copies of proof
of compliance with the Department of Building Inspection for any work
claimed for energy conservation measures or other work for which proof
of compliance is required by State or local law; and (v) two copies
of documents substantiating the Gross Income in both the Base Year
and the Current Year.
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The landlord must file an application before
giving legal notice of a rent increase. The notice shall be in conformance
with the requirements set forth in Section 4.10 above and shall further
include the dollar amount requested based on the amortization of the
work performed. This increase shall be inoperative unless and until
the application is approved by the Administrative Law Judge. Any amounts
approved by the Administrative Law Judge shall relate back to the
effective date of the legal notice, if given.
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If the landlord sends a notice of rent increase
based on capital improvements without first filing an application
for certification, the increase shall be null and void. In order to
be able to pass through these amounts, an application must first be
filed and then a new notice sent.
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Landlords of Proposition I Affected Units
may petition the Board to certify the cost of capital improvements,
rehabilitation and/or energy conservation work in accordance with,
and subject to, the rules and procedures set forth in Part 7 of these
Rules and Regulations and Section 37.7 of the Rent Ordinance. Events
before the unit was subject to the Rent Ordinance may be considered.
Petitions for Proposition I Affected Units based upon capital improvements
that are pending as of, or filed within six months of, April 25, 1995
may, at the request of the landlord, be treated as if filed on May
1, 1994; provided, however, that the actual date of filing shall be
used to determine the effective date of any rent increase pursuant
to Section 7.10(c) above.
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(Amended March 14, 1989; August 29, 1989;
June 18, 1991; Subsection (b) amended October 20, 1998)
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(a) The cost of capital improvements, rehabilitation,
and/or energy conservation work for which the landlord has not been
compensated by insurance proceeds shall be allocated to each unit in
the building. The method used for cost allocation shall be that which
most reasonably takes into account the extent to which each unit benefits
from the improvements or work. Methods which may be appropriate, depending
on the circumstances, include allocation based on the square footage
in each unit, allocation based on the rent paid for each unit, and equal
division among all units. Where the improvements do not benefit all
units, only those benefited may be charged the additional rent. For
example, if a new roof were installed, the rents of all units in the
building may be raised to cover the cost. But if, in addition, a new
floor had been installed in one unit, that unit would be charged its
proportionate share of the roof cost plus the cost of the new floor.
Costs attributable to units where the rent cannot be raised (because
of a lease restriction, owner occupancy, or other reason) may not be
allocated to the other units. Costs attributable to routine repair and
maintenance shall not be certified but shall be considered part of the
costs of operating and maintenance.
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If a unit becomes vacant and is rerented after
completion of seismic retrofit capital improvements, rehabilitation,
and/or energy conservation work listed in an application for certification,
no additional rent will be allowed on the unit based on the improvements
or work since the landlord has the opportunity to bring the unit up
to market rent at the time the unit is rerented. This section also
applies to those units rented during the construction period for the
project of which the work is a part, as stated in the permit(s), contract
document(s), and/or as shown by other relevant evidence, or rented
within six months of the commencement of work for which an application
for certification is filed, provided that ownership has not changed
in that period.
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For petitions filed on or after December
21, 2000, costs for seismic retrofit capital improvement work certified
under Section 37.7 shall be amortized on a straight line basis over
a twenty-year period. For petitions filed before December 21, 2000,
costs for seismic retrofit capital improvement work certified under
Section 37.7 shall be amortized on a straight line basis over a ten-year
period. Costs for non-seismic capital improvement work
shall be amortized on a straight line basis over a seven or ten-year
period depending upon which category described below most closely
relates to the type of improvement or work and its estimated useful
life.
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SCHEDULE I - SEVEN YEAR AMORTIZATION
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The following shall be amortized over a 7 year
period: Appliances, such as new stoves, disposals, refrigerators, washers,
dryers and dishwashers; fixtures, such as garage door openers, locks,
light fixtures, water heaters and blankets, shower heads, time clocks
and hot water pumps; and other improvements, such as carpeting, linoleum,
and exterior and interior painting of common areas. If the appliance
is a replacement for which the tenant has already had the benefit, the
cost will not be amortized as a capital improvement, but will be considered
part of operating and maintenance expenses.
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Appliances may be amortized as capital improvements
when (1) part of a remodeled kitchen; (2) based upon an agreement between
the tenant and landlord; and/or (3) it is a new service or appliance
the tenant did not previously have.
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SCHEDULE II - TEN YEAR AMORTIZATION
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Major improvements to the structure of the building
such as: new foundation, new floor structure, new ceiling or walls -
new sheetrock, new plumbing (new fixtures, or piping,) weatherstripping,
ceiling insulation, seals and caulking, new furnaces and heaters, new
wiring, new stairs, new roof structure, new roof cover, new window,
fire escapes, central smoke detection system, new wood or tile floor
cover, new partitioning sprinkler, boiler replacement, air conditioning-central
system, exterior siding or stucco, elevators, and/or additions such
as patios or decks, central security system, new doors, new mail boxes,
new kitchen cabinets, or sinks, shall be amortized over ten years.
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(d) For decisions issued after April 10,
2000, no rent increase for seismic retrofit capital improvement work
shall exceed 5% of the tenant’s base rent in any twelve-month period.
For decisions issued on or before April 10, 2000, no increase for seismic
retrofit capital improvement work shall exceed 10% of the tenant’s base
rent in any twelve-month period. Except in extraordinary circumstances,
to be determined by the Board on appeal, no increase under this subsection
shall exceed, in a twelve-month period, ten (10%) of the tenant’s base
rent or $30.00, whichever is greater. A landlord may accumulate
any certified increase which exceeds this amount and impose the increase
in subsequent years subject to the limitation herein.
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Any uncompensated labor (i.e., labor performed
for no remuneration of any kind) certified for seismic retrofit capital
improvement work or certified as an Operating Expense under Section
1.13(b)(3)(i)(I) in connection with non-seismic capital improvement
work performed on capital improvements, rehabilitation, or energy
conservation work shall be valued at prevailing labor rates. The
craft classification to be employed shall be that of laborer unless
the uncompensated worker is licensed in the particular craft or profession
for which credit is being claimed. The documentation for all uncompensated
labor must include a copy of a log of dates and times when the work
was performed and, where applicable, shall specify the administrative-management
task, repair or maintenance task, or capital improvement work performed,
and the unit for which the work was done.
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(a) The Administrative Law Judge shall determine
after a hearing if the landlord is entitled to a rent increase for capital
improvements.
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(b) For all decisions issued after April
10, 2000, a rent increase based on the costs of seismic retrofit capital
improvement work shall be approved only in accordance with Section 1.13
and Sections 7.10-7.17.
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(c) For all decisions issued after April
10, 2000, a rent increase based on costs of non-seismic capital improvement
work shall be approved only in accordance with Section 1.13 and Sections
7.10-7.24.
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(d) For all decisions issued after April
10, 2000 and before the date that November 2000 Proposition H goes into
effect, the Administrative Law Judge shall issue a revised decision
after giving the landlord the opportunity at a hearing
to present facts demonstrating that all or a portion of
the rent increases approved in the decision are allowable for one or
more of the following reasons:
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(a) Base Year. Base Year for
purposes of this Part 7 shall mean the calendar year before a property
was subject to the Rent Ordinance, or an alternate base year as provided
in subsection (b) below.
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(b) Alternate Base Year. If the income
and/or expense data for the calendar year before the property was subject
to the Rent Ordinance is not available, or for other good cause shown,
the landlord may request an alternate base year. The landlord shall
specify in the application the alternate base year requested and the
reasons why the Administrative Law Judge should approve the alternate
base year. The landlord shall bear the burden of proving that the alternate
base year requested is the earliest calendar year for which income and
expense data is reasonably available. It shall be rebuttably presumed
that the earliest calendar year for which income and expense data is
reasonably available is 1996, which is the period of time for retaining
such data for the California State Franchise Tax Board as of December
21, 2000.
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(a) Current Year for purposes of this Part
7 shall mean the most recent calendar year prior to the filing of the
petition.
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(b) For all petitions for rent increases
based on costs for non-seismic capital improvement work filed through
December 31, 2001, the Current Year shall be calendar year 2000. Thereafter,
petitions must be filed within six (6) months of the end of any designated
Current Year.
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To determine the Net Operating Income during
the Base Year, the actual Operating Expenses for the Base Year shall
be deducted from the Gross Income for the base year. To determine the
Net Operating Income during the Current Year, the actual Operating Expenses
for the current year shall be deducted from the Gross Income for the
Current Year.
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To determine the Indexed Net Operating Income,
the landlord’s Base Year Net Operating Income shall be increased at
the rate of forty percent (40%) of the increase in the Consumer Price
Index (CPI) from the Base Year to the Current Year. Forty percent (40%)
of the increase in the CPI shall be calculated by subtracting the CPI
figure for December 31 of the Base Year from the CPI figure for December
31 of the Current Year, dividing the result by the base year CPI figure,
and then multiplying the result by .40. That figure shall be multiplied
by the Base Year Net Operating Income, and that amount shall then be
added to the Base Year Net Operating Income to determine the Indexed
Base Year Net Operating Income. For example, if the Base Year Net Operating
Income for a four-unit building in 1978 is $10,000, the Base Year CPI
for December 1978 is 65.3, and the Current Year CPI for December 2000
is 184.1, then the Indexed Base Year Net Operating Income would be $17,277.18
calculated as follows:
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([(184.1 - 65.3) ÷ 65.3]
X .40 X $10,000) + $10,000 = $17,277.18
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Non-Seismic Capital Improvement Work
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If the landlord’s Current Year Net Operating
Income equals or exceeds the Indexed Base Year Net Operating Income,
no rent increase based on the costs of the non-seismic
capital improvement work shall be approved. If the landlord’s Current
Year Net Operating Income is less than the Indexed Base Year Net Operating
Income, the landlord is entitled to rent increases for the costs of
the non-seismic capital improvement work in the amount necessary to
maintain the Indexed Base Year Net Operating Income. Where the amount
necessary to maintain the Indexed Base Year Net Operating Income is
less than the total amount of the amortized costs of non-seismic capital
improvement work, the allowable costs shall be approved and passed through
to the tenants in the following order:
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PROPOSED AMENDMENTS TO RENT BOARD RULES AND
REGULATIONS §11.25 PURSUANT TO NOVEMBER 2000 PROPOSITION H, TO BE
EFFECTIVE ONLY IF THE STAY OF IMPLEMENTATION OF PROPOSITION H ORDERED
ON DECEMBER 20, 2000 IN QUIGG VS. CITY AND COUNTY OF SAN FRANCISCO,
ET AL., SUPERIOR COURT CASE NUMBER 316928, IS NO LONGER IN EFFECT.
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Section 11.25 Expedited Hearings
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(Added by Ordinance No. 133-92, effective June
20, 1992)
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(a) Applicability. In the following cases, a
tenant or landlord may obtain an expedited hearing and order:
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(3) Any tenant petition alleging the landlord’s
failure to repair and maintain the premises as required by state and
local law, provided that the tenant attaches to the petition documentary
evidence showing that the unrepaired/unmaintained conditions constitute
violations of applicable health or safety codes;
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(b) Application for Expedited Hearing and
Order. In order to obtain an expedited hearing and order, the petitioner
must file an application for an expedited hearing and order, including
the written consent of all parties, on a form provided by the Rent Board.
The application, and the applicable stipulations and documentary evidence
required in subsection (a) above, must be filed at the time of filing
the petition in order to obtain an expedited hearing date within twenty-one
(21) calendar days of the filing of the application. Within seven (7)
calendar days of the simultaneous filing of the application, stipulations
and petition, a staff member shall determine whether an expedited hearing
is appropriate under subsection (a) above.
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(1) If an expedited hearing is found to be
appropriate, an expedited hearing shall be scheduled within twenty-one
(21) calendar days of the filing of the application for an expedited
hearing and order. Written notice of the expedited hearing date shall
be mailed to all parties at least ten (10) calendar days prior to
the date of the expedited hearing. A declaration under penalty of
perjury stating the date and place of the mailing of such notice and
stating to whom and at what addresses the notice was sent shall be
retained in the file of each case. The notice shall state the date,
time and place of the hearing and generally describe what will take
place, who has the burden of proof and the types of evidence likely
to be useful at the hearing.
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(A) Postponement of Expedited Hearing.
Requests for postponement of an expedited hearing date shall be governed
by Section 11.13 (Postponements) above. If an expedited hearing
is postponed, it will be rescheduled at the earliest available date
which may not be within twenty-one (21) calendar days of the filing
of the application.
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(2) If an expedited hearing is not appropriate
under subsection (a) above, written notice of rejection of the application
shall be mailed to the parties within a reasonable time following
the filing of the application and a hearing on the petition shall
be scheduled within forty-five (45) calendar days of the filing of
the petition. Written notice of the hearing shall be mailed to the
parties in accordance with Sections 11.10 (Time of Hearing; Consolidation)
and 11.11 (Notice of Hearing; Response) above. The hearing
shall be conducted in accordance with Ordinance Sections 37.7(g) (Certification
Hearings) or 37.8(e) (Hearings).
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(c) Late Application for Expedited Hearing
and Order. If any portion of the application, written consent of
all parties, required stipulations or documentary evidence necessary
for obtaining an expedited hearing and order are filed at any time after
the petition is filed, a hearing on the petition shall be scheduled
within forty-five (45) calendar days of the filing of the petition.
Prior to commencement of the hearing, the Administrative Law Judge shall
determine if an expedited hearing and order are appropriate under subsection
(a) above. Where an expedited hearing and order are appropriate, the
Administrative Law Judge shall conduct the hearing in accordance with
the expedited hearing procedures set forth in subsections (e) and (f)
below, provided that all parties sign a written waiver of the right
to receive an expedited hearing date within twenty-one (21) calendar
days of the filing of the application.
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(d) Application for Expedited Hearing and
Order at the Hearing. Even if no application for an expedited hearing
and order is filed prior to commencement of the hearing, the Administrative
Law Judge may determine that an expedited hearing and order are appropriate
under subsection (a) above and offer the parties an opportunity to file
an application at the hearing and as long as the record in the case
remains open. The Administrative Law Judge must fully inform the parties
of their rights under the Ordinance before accepting the application.
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(e) Conduct of Expedited Hearing. Expedited
hearings shall be conducted in accordance with Sections 11.17 (Conduct
of Hearing) and 11.22 (Personal Appearances and Representation
by Agent) above. Burden of proof requirements set forth in Section
11.18 (Burden of Proof) above are applicable. All parties are
entitled to legal representation or the assistance of an interpreter
at any stage of the proceeding. No record of the hearing shall be maintained
for any purpose.
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(f) Order of the Administrative Law Judge.
The Administrative Law Judge shall issue a written order deciding the
petition no later than ten (10) calendar days after the hearing. The
Administrative Law Judge shall make no written findings of fact. The
Administrative Law Judge shall order payment or refund of amounts owing
to a party or parties, if amounts are owed, within a period of time
not to exceed forty-five (45) calendar days of the mailing of the order.
If amounts owed are not paid or refunded within forty-five (45) calendar
days, the Administrative Law Judge may order the amount(s) added to
or offset against future rents.
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(1) For expedited hearings conducted pursuant
to subsection (a)(1) above in which the petitioner prevails, the Administrative
Law Judge’s written order shall contain the date upon which a capital
improvement passthrough shall become effective, the monthly passthrough
amount per unit and the applicable amortization period(s).
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(2) For expedited hearings conducted pursuant
to subsection (a)(2) above in which the petitioner prevails, the Administrative
Law Judge’s written order shall contain the nature of each substantially
decreased housing service, the value of the decrease and the total
amount of the past rent reduction corresponding with the decreased
housing service(s). The order will also include the amount of any
prospective rent reduction for a continuing decreased housing service.
The order shall state under what conditions the landlord may be able
to restore the rent reductions.
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(3) For expedited hearings conducted pursuant
to subsection (a)(3) above in which the petitioner prevails, the Administrative
Law Judge’s written order shall contain the date and amount of the
deferred rent increase, a specific enumeration of the necessary repairs
and/or maintenance and the amount to which the rent can be increased
when those repairs and/or maintenance are completed.
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(4) For expedited hearings conducted pursuant
to subsection (a)(4) above in which the petitioner prevails, the Administrative
Law Judge’s written order shall contain the dates of each relevant
rent increase, the amount of rent actually paid by the tenant, the
lawful amount of rent owed by the tenant and the amount of rent overpayments.
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` (g) Stay of Administrative Law Judge’s
Order. The Administrative Law Judge’s written order shall be stayed
for fifteen (15) calendar days from the date of mailing the order.
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(h) Objection to Administrative Law Judge’s
Order. Any objection to the Administrative Law Judge’s order must
be received by the Rent Board within fifteen (15) calendar days of the
mailing of the order unless such time limit is extended for good cause
by a staff member. "Good cause" shall include, but is not
limited to, the following: verified illness or death of a party which
prevented the filing of a timely objection; verified absence from the
party’s mailing address during the fifteen (15) calendar days following
the mailing of the order; any other reason which made it impractical
to file a timely objection. Mere inconvenience or difficulty in filing
the objection shall not constitute "good cause." The objection
to the Administrative Law Judge’s order shall be filed on a form provided
by the Rent Board. The form shall state the basis of the objection,
and shall be accompanied by sufficient copies to distribute to each
party, along with one set of business-sized envelopes (with no return
address) addressed to each party, with first class postage affixed to
each envelope.
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(1) Effect of Timely Objection. The
timely filing of an objection will automatically dissolve the Administrative
Law Judge’s order. The petitioning party may refile the petition for
hearing under any other appropriate hearing procedure set forth in
the Ordinance. To the greatest extent possible, the new case will
be assigned for hearing to the same Administrative Law Judge who issued
the dissolved order.
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(2) Finality of Administrative Law Judge’s
Order. If no timely objection to the Administrative Law Judge’s
order is made, the order becomes final. The order is not subject to
appeal to the Board under Ordinance Section 37.8(f) nor is it subject
to judicial review pursuant to Ordinance Section 37.8(f)(9).
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(i) Consolidation. To the greatest extent
possible, and only with the consent of all parties, expedited hearings
with respect to a given building shall be consolidated.
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