Investigative Hearings On Tenant Allegations Of Landlord Attempts To Evict Through Harassment Of Tenant
Effective 2/14/14, Rent Ordinance Section 37.9(l) authorizes the Rent Board to conduct an investigative hearing after a tenant files a Report of Alleged Wrongful Eviction which claims that the landlord has endeavored to recover possession of the tenant's rental unit through harassment of the tenant. For purposes of Section 37.9(l), harassment includes but is not limited to the types of harassment defined in Ordinance Section 37.10B. (Note: if the landlord has filed an unlawful detainer (eviction) action in court against the tenant, the Rent Board will not conduct an investigative hearing in the case.)
If an investigative hearing is scheduled, both the tenant and the landlord may appear at the hearing and make oral and/or written presentations, including presentation of witnesses. Investigatory hearings are not tape recorded, but testimony is given under oath.
Following an investigative hearing, the Administrative Law Judge will prepare a summary of the evidence and a recommendation as to whether or not further action should be taken by the Rent Board. If the Administrative Law Judge (ALJ) recommends further action, such as referral of the case to the District Attorney or City Attorney, the Rent Board Commission will review the ALJ's recommendation and decide by majority vote whether to take further action.