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Reso 2015-192
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Reso 2015-192
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12/16/2015 3:51:32 PM
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12/16/2015 3:50:40 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/7/2015
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PERM
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10B Action 2015 1207
(Reference)
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 1207
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twelve-month period. The party tenant seeking a rent review must submit the hearing request in <br />writing to the Community Development Department Directorof the City of San Leandro, 835 <br />East 14th Street, San Leandro, CA 94577, within fifteen (15) calendar days of the tenant’s <br />receipt of a notice of rent increase. The hearing request must be received by the Community <br />Development Director, (or post marked (if submitted by mail) within fifteen (15) calendar days <br />of receipt of the notice of rent increasesuch receipt if the request for review is mailed). The <br />request must be accompanied by a copy of the Landlord’s Notice of Increase. <br /> The Community Development Director shall provide the landlord with a copy of the <br />tenant’s rent review hearing request form, which shall be accompanied by a hearing response <br />form. A landlord must submit a completed hearing response form to the Community <br />Development Director within ten (10) calendar days of the landlord’s receipt of a tenant’s rent <br />review hearing request form. A rent increase shall be void, and the landlord shall be required to <br />properly re-notice the tenant in accordance with Section 4-32-200 of this Code if the landlord <br />does not submit a hearing response form pursuant to this section. The Community Development <br />Director shall provide notice of the requirements of this section in a conspicuous location on the <br />hearing response form. <br /> The hearing shall be scheduled before the Board within fifty sixty (650) days of the <br />receipt of the hearing request, unless the landlord and the tenant consent to a later dateor as soon <br />thereafter as the hearing may be scheduled. <br /> A request for rent review shall not delay the effective date of a rent increase. If <br />appropriate, the parties may enter into a mutual private agreement to delay the effective date of a <br />rent increase or reach any other agreement to effectively reimburse rent increases paid by the <br />tenant. <br /> <br />4-32-305 NOTICE TO PARTIES. <br /> After determining that a proposed rent increase meets the criteria for initiation of rent <br />review set forth in Section 4-32-300 above, the Community Development Director shall schedule <br />a staff facilitationrent review hearing of the rent dispute before the Board. The Community <br />Development Director shall provide the landlord and the tenant notice of the hearing date and <br />location at least ten (10) days prior to the hearing. The notice to the landlord shall encourage him <br />or her to contact the tenant directly to seek a mutually satisfactory resolution of the rent dispute <br />prior to the Board hearing. <br /> <br />4-32-310 HEARING AND DETERMINATION. <br /> At a hearing of a rent dispute, the Board will afford the landlord and the tenant an <br />opportunity to explain their respective positions. After hearing from both parties, and taking into <br />consideration such factors as the hardship to the tenant, the frequency and amount of prior rent <br />increases, the landlord’s mortgage payments and other costs associated with owning and <br />maintaining the property, the landlord’s interest in earning a reasonable rate of return, and any <br />other factors that may assist the Board in determining a fair resolution to the dispute, the Board <br />will make a recommendation to the parties for the resolution of their dispute. If the parties agree
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