Section 12.12 Hearing of Alleged Wrongful Eviction
If the Executive Director determines that there is evidence of any of the acts of unlawful eviction set forth in Section 12.11, the Executive Director shall mail a notice to the complainant and to the allegedly wrongfully evicting landlord that a hearing has been set before a Administrative Law Judge of the Board at the date no less than five (5) and no more than twenty (20) days from the date of mailing of the notice, to consider whether or not the landlord has acted or is acting in violation of Section 37.9(a) A copy of the tenant's Report shall be sent with such notice to the landlord. Both landlord and tenant shall be notified that they or their representatives may address the Administrative Law Judge at such meeting on the question of the existence or absence of a violation of Section 37.9(a) of the Ordinance, may make sworn statements if they wish, and may invite witnesses to speak on the matter.
At the conclusion of the hearing, the Administrative Law Judge shall report to the Board a summary of the evidence produced at the hearing. The Board may elect to hold additional hearings. If the Board finds, by a vote of at least three (3) members, that it appears there has been or there exists an eviction or attempted eviction in violation of the Ordinance by the landlord, the Board's public consideration of the matter shall end. Thereafter, the matter shall be one of prospective or actual litigation and shall be discussed in Executive Session unless, and to the extent, the members unanimously approve public discussion thereof. Notice of a decision by the Board to take no action on an alleged wrongful eviction shall be sent to the parties and such decision shall not prejudice a request by the tenant for further consideration upon the discovery of new evidence.