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3 <br />City and ECHO Housing staff thoroughly explain the Ordinance requirements to tenants and <br />landlords. Staff responds to a wide range of questions from tenants and works with them to confirm <br />proper/improper notification and, assuming proper notification, takes the tenant step by step <br />through the hearing application process. Staff also contacts all landlords, on the tenants’ behalf, <br />regarding improper noticing and informs them that their rent increase cannot take effect until they <br />re-notice properly. Staff’s experiences over the years affirm that new and/or smaller apartment <br />owners/landlords more often notice improperly or are unaware of the Ordinance. It is a time <br />intensive process for City and ECHO Housing staff to assess and vet applications to ensure that <br />only cases that are properly noticed and meet one or more of the three rent increase threshold <br />criteria move forward for Board consideration. <br /> <br />Ultimately, the decision to pursue a Rent Review Board hearing is the tenant’s choice. Staff explains <br />to tenants that the Ordinance is non-binding and non-enforceable. The Board, with two landlords, <br />two renters and one non-landlord/non-renter facilitates a discussion in order to help both sides <br />come to a mutually agreeable settlement. Staff informs tenants that any of the three thresholds met <br />can make them eligible for a Board hearing, and that the Board may uphold the rent increase or <br />assist in negotiating a mutual resolution. Staff also reminds tenants that if their cases end up <br />unresolved, the rent increases stand so the Board is incentivized to help broker a resolution. <br /> <br />Retaliatory and Illegal Landlord Actions <br />The existing Ordinance has always noted that retaliatory action by a landlord for a tenant’s <br />proceeding with a Rent Review hearing is illegal under State law. As part of the recent Ordinance <br />amendments which City Council approved first reading of on December 7, 2016, the Board and <br />staff recommended that the retaliatory evictions language be placed in its own section of the <br />Ordinance to more emphatically highlight such actions are illegal. <br /> <br />Staff takes tenant claims about retaliatory landlord threats and actions very seriously. Staff listens to <br />each tenant to identify the facts and then refers them to ECHO Housing. ECHO Housing provides <br />landlord/tenant and fair housing counseling and has the expertise to assist tenants to determine <br />whether they have a sound legal case. Tenants reporting slum or blighted conditions and <br />withholding of basic or life safety repairs are also forward to ECHO Housing for assistance. <br />ECHO Housing provides referrals to affordable legal aid. Retaliatory and potentially illegal landlord <br />actions do not fall under the purview of the Rent Review Board as these matters are regarding civil <br />rights and could potentially be criminal in nature. <br /> <br />The City’s Housing Inquiries Log documents the wide range of affordable housing inquiries and <br />outcomes handled by the City’s Housing staff. The annual log reflects how staff often may field <br />what may seem initially like a rent review call that ends of actually being a landlord/tenant or fair <br />housing issue. The log also provides insight on the variety of rent review questions, including calls <br />from residents of the unincorporated Alameda County areas which staff refers to the County’s Rent <br />Review Program.