§ 8.22.090. Petition and response to filing procedures.

A.

Tenant Petitions.

1.

Tenant may file a petition regarding any of the following:

a.

A rent increase was given that is not based on the CPI rent adjustment, banking; and/or a final decision in an owner petition;

b.

The owner set an initial rent in excess of the amount permitted pursuant to Section 8.22.080 (Rent increases following vacancies);

c.

A rent increase notice failed to comply with the requirements of Subsection 8.22.070H;

d.

The owner failed to give the tenant a notice in compliance with Section 8.22.060 and State law;

e.

The owner decreased housing services to the tenant;

f.

The tenant alleges the covered unit has been cited in an inspection report by the appropriate governmental agency as containing serious health, safety, fire, or building code violations pursuant to Subsection 8.22.070 D.6;

g.

The owner fails to reduce rent on the month following the expiration of the amortization period for capital improvements, or to pay any interest due on any rent overcharges from the failure to reduce rent for a capital improvement.

h.

The owner noticed a rent increase of more than the ten (10) percent annual limit or that exceeds the rent increase limit of thirty (30) percent in five years.

i.

The petition is permitted by the Just Cause for Eviction Ordinance (Measure EE) O.M.C. 8.22.300 or its regulations.

j.

The petition is permitted by the Ellis Act Ordinance, O.M.C. 8.22.400, or its regulations.

k.

The tenant contests an exemption from this O.M.C. 8.22, Article I or Article II.

l.

The tenant claims the owner has received reimbursements for any portion of cost or financing of capital improvements after a capital improvement rent increase has been approved, and has not prorated and refunded such reimbursement.

2.

For a petition contesting a rent increase, the petition must be filed as follows:

a.

If the owner provided written notice of the existence and scope of this Chapter as required by Section 8.22.060 at the inception of tenancy:

i.

The petition must be filed within ninety (90) days of the date the owner serves the rent increase notice if the owner provided the RAP notice with the rent increase; or

ii.

The petition must be filed within one hundred twenty (120) days of the date the owner serves the rent increase if the owner did not provide the RAP notice with the rent increase.

b.

If the owner did not provide written notice of the existence and scope of this Chapter as required by Section 8.22.060 at the inception of tenancy, within ninety (90) days of the date the tenant first receives written notice of the existence and scope of this Chapter as required by Section 8.22.060.

3.

For a petition claiming decreased housing services:

a.

If the decreased housing is the result of a noticed or discrete change in services provided to the tenant (e.g., removal of parking place, requirement that tenant pay utilities previously paid by owner) the petition must be filed within ninety (90) days of whichever of the following is later:

i.

The date the tenant is noticed or first becomes aware of the decreased housing service; or

ii.

The date the tenant first receives written notice of the existence and scope of this Chapter as required by Section 8.22.060.

b.

If the decreased housing is ongoing (e.g., a leaking roof), the tenant may file a petition at any point but is limited in restitution for ninety (90) days before the petition is filed and to the period of time when the owner knew or should have known about the decreased housing service.

4.

In order to file a petition or respond to an owner petition, a tenant must provide the following at the time of filing the petition or response:

a.

A completed tenant petition or response on a form prescribed by the rent adjustment program;

b.

Evidence that the tenant's rent is current or that the tenant is lawfully withholding rent; and

c.

A statement of the services that have been reduced or eliminated, if the tenant claims a decrease in housing services;

d.

A copy of the applicable citation, if the tenant claims the rent increase need not be paid because the covered unit has been cited in an inspection report by the appropriate governmental agency as containing serious health, safety, fire, or building code violations pursuant to Section 8.22.070D.6.

5.

A tenant must file a response to an owner's petition within thirty (30) days of service of the notice by the rent adjustment program that an owner petition was filed.

B.

Owner Petitions and Owner Responses to Tenant Petitions.

1.

In order for an owner to file a response to a tenant petition or to file a petition seeking a rent increase, the owner must provide the following:

a.

Evidence of possession of a current City business license;

b.

Evidence of payment of the rent adjustment program service fee;

c.

Evidence of service of written notice of the existence and scope of the rent adjustment program on the tenant in each affected covered unit in the building prior to the petition being filed;

d.

A completed response or petition on a form prescribed by the rent adjustment program; and

e.

Documentation supporting the owner's claimed justification(s) for the rent increase or supporting any claim of exemption.

2.

An owner must file a response to a tenant's petition within thirty (30) days of service of the notice by the rent adjustment program that a tenant petition was filed.

(Ord. No. 13516, § 6, 1-22-2019; Ord. No. 13418, § 1(Exh. A), 2-7-2017; Ord. No. 13391, § 1, 9-20-2016; Ord. No. 13226, § 1(Exh. A), 5-6-2014; Ord. 12538 § 1 (part), 2003; Ord. 12399 (part), 2002)