Section 7.17 Administrative Dismissal

(Added March 14, 1989; amended July 15, 1997)

Notwithstanding the acceptance of a petition, if any of the following conditions exist, the Board shall dismiss the petition 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 certification of capital improvement costs. 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 procedures set forth in Ordinance Section 37.7(f), and shall be subject to the five-year limitation in subsection (2) and 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 for certification of capital improvement costs may be administratively dismissed in the following circumstances:

(a) Where the petition submitted fails to clearly itemize costs according to specific improvements categorized by type of improvement; e.g., foundation work, new roof, electrical service, electrical wiring, fire sprinkler system, etc.;

(b) Where the petition submitted for improvements to more than one building does not clearly allocate costs to each building;

(c) Where the petition submitted for improvements to a building with more than one unit fails to clearly distinguish costs of common area improvements from costs of improvements to specific units;

(d) Where the documentation submitted in support of the petition (i.e., bills, canceled checks, etc.) is not clearly marked so as to identify the specific improvement to which it relates;

(e) Where insufficient copies of the petition or supporting documentation have been submitted pursuant to 7.10(b)(1) and 7.10(b)(2) above.