Ord 2002-026 - Laserfiche WebLink

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Street, San Leandro, CA 94577. Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights. SECTION 3. Section 4-32-300 of the City of San Leandro Municipal Code is hereby amended to read as follows: 4-32-300 REQUEST FOR RENT REVIEW. Either a landlord or a tenant may seek to have a rent dispute heard before the Board when the proposed rent increase 1) raises the rent to an amount more than ten percent (10%) greater than the base rent, 2) increases the monthly rent by an amount greater than $75 per month, or 3) follows a prior rent increase imposed within the previous twelve-month period. The party seeking rent review must submit the hearing request in writing to the Community Development Department of the City of San Leandro, 835 East 14th Street, San Leandro, CA 94577, within fifteen (15) days of the tenant's receipt of a notice of rent increase (or post marked within 15 days of such receipt if the request for review is mailed). The request must be accompanied by a copy of the Landlord's Notice of Increase. The hearing shall be scheduled before the Board within fifty (50) days of the receipt of the hearing request, unless the landlord and the tenant consent to a later date. SECTION 4. Section 4-32-305 of the City of San Leandro Municipal Code is hereby amended to read as follows: 4-32-305 NOTICE TO PARTIES. After determining that a proposed rent increase meets the criteria for initiation of rent review set forth in Section 4-32-300 above, the Community Development Director shall schedule a staff facilitation hearing of the rent dispute before the Board. The Community Development Director shall provide the landlord and the tenant notice of the hearing date and location at least ten (10) days prior to the hearing. The notice to the landlord shall encourage him or her to contact the tenant directly to seek a mutually satisfactory resolution of the rent dispute prior to the Board hearing. SECTION 5. Section 4-32-320 of the City of San Leandro Municipal Code is hereby amended to read as follows: 4-32-320 FAILURE TO APPEAR -RETALIATORY EVICTION. If the tenant requesting a rent review hearing appears at a noticed Board hearing, but the landlord who has been given notice of the Board hearing as required by Section 4- 32-305 above fails to appear before the Board without good cause, the rent increase shall be void, and the landlord may not take any action to enforce such an invalid rent increase. Commencement of eviction proceedings against a tenant for exercising his or her rights under this Chapter shall be considered a retaliatory eviction. If a tenant who has been Rent Review Board Ordinance 09-16-02 -2- 09-16-02