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38 <br />San Leandro Rent Review Program <br /> <br /> <br />Is the Rent Review Program the same as Rent Control? <br />No. The Rent Review Program provides a forum for non-binding arbitration of rent disputes between landlords and <br />tenants. <br />When does the Tenant have the right to a hearing? <br />1) The increase is greater than $75.00 <br />2) The increase exceeds ten percent of the pre-increase rent, or <br />3) The landlord increases the rent more than once in a 12-month period. <br /> <br />Is there a Special Notice of Increase to Tenants? <br />Landlords are required by state law to provide thirty days notice of a rent increase of ten percent or less and sixty <br />days notice for a rent increase greater than ten percent. <br />In addition to fulfilling state law requirements for notice of rent increases, landlords are required to provide notice of <br />the Rent Review Program when they provide notice of a rent increase to tenants (please see reverse). <br />If a landlord fails to provide notice of the Rent Review Program at the time he or she provides notice of the rent <br />increase, such rent increase will be void and unenforceable. <br />How does a Tenant Request a hearing before the Rent Review Board? <br />A tenant may request a hearing before the Rent Review Board by obtaining and submitting a Hearing Request Form. <br />Tenant has fifteen days (15) from receipt of the rent increase notice to obtain and submit the Hearing Request <br />Form (postmark acceptable). Tenant must submit a copy of the Notice of Increase with the Hearing Request. <br />The Hearing Request Form is available on the City’s website and may be mailed or faxed upon request. <br /> <br />The City’s number to request forms is (510) 577-6004; TDD (510) 577-3343; the City website is www.ci.san- <br />leandro.ca.us <br /> <br />Can the Landlord retaliate due to Tenant’s request for a hearing? <br />No. Eviction proceedings against a tenant for exercising his or her rights under the Ordinance will be considered a <br />retaliatory eviction. <br />What happens if a Tenant requests a hearing and fails to appear? <br />If a tenant fails to appear before the Board without good cause, the Board will approve the rent increase at issue in <br />the hearing, and the tenant will be barred from subsequently chall enging the same increase before the Board. <br />What happens if a Landlord fails to appear? <br />If a landlord fails to appear before the Board without good cause, the rent increase at issue in the hearing will be <br />void and unenforceable. <br />Can the Tenant or Landlord assign a representative? <br />A tenant or landlord who does not appear in person, but sends a representative, will be deemed to have appeared for <br />the hearing as long as the representative was authorized by the tenant or landlord (in writing) to answer and enter <br />into agreements on the tenant’s or landlord’s behalf. <br /> <br />