Section 5.14 Administrative Dismissal

(Added July 15, 1997)

            Notwithstanding the acceptance of a petition, if any of the following conditions exist, the Board shall dismiss the landlord's petition for arbitration without prejudice and shall not schedule a hearing. Prior to dismissal of a petition, the Board shall mail to the petitioner a written notice of intention to dismiss stating the specific applicable reason(s) for such dismissal. The petitioner shall have thirty (30) days from the date of mailing of the notice to cure the defects in the petition prior to dismissal.

            If the petitioner fails to cure the defects in a timely and proper manner, and the petition is administratively dismissed, the petitioner may file an appeal to the Board or file a new petition for arbitration. Appeals shall be governed by the applicable provisions of Ordinance Section 37.8(f).

            The filing of a new petition shall be in accordance with the Procedure for Landlord Petitioners set forth in Ordinance Section 37.8(c), including the requirement that a new notice of rent increase must be mailed or delivered to the tenants after the new petition is filed. Any previous notice of rent increase, or portion thereof, based on a landlord's petition that was administratively dismissed, shall be null and void as to that portion of the rent increase notice only; other lawful portions of the rent increase notice which were not related to the landlord's dismissed petition shall remain valid.

            A petition may be administratively dismissed in the following circumstances:

(a) Operating and Maintenance Expense Petitions

(1) Where all required pages of the petition have not been submitted or filled out properly;

(2) Where the documents submitted are not clearly divided into two groups, one representing the Year 1 documents and one representing the Year 2 documents;

(3) Where the documents within each year are not grouped together according to the categories listed in the landlord petition form;

(4) Where the documents submitted do not clearly show the time period covered and/or the expense being claimed and no written explanation of the missing information is provided with the documentation;

(5) Where necessary documents are omitted or missing and there is no written explanation of what attempts were made to obtain the omitted or missing documents and why the documents could not be submitted;

(6) Where the petitioner submits complete documentation for only one or two categories to the exclusion of the other categories;

(7) Where the total amounts claimed for each category in each year do not correspond to the evidence submitted.

(b) Comparable Rent Petitions

(1) Where all required pages of the petition have not been submitted or filled out properly;

(2) Where an adequate explanation of the situation justifying the petition (e.g., extraordinary circumstances) is not provided;

(3) Where evidence establishing that the rent for the unit is significantly below those of comparable units in the same general area is not provided;

(4) Where evidence of reasonably "comparable" units is not provided (i.e., length of occupancy of the current tenant, size and physical condition of the unit and building, and services paid by the tenant).