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10A Action 2019 0304
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10A Action 2019 0304
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2/26/2019 7:58:49 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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g. A statement of the applicant’s theories in support of the Rent Increase or Rent <br />reduction. <br /> <br />D. Notice of Application. The applicant and the City shall provide notice of an application <br />as follows: <br /> <br />1. The applicant and City: by sending a hard copy and electronic copy of the <br />application to either (a) each Affected Mobilehome Owner, or (b) the Park Owner, <br />as appropriate; <br /> <br />2. The applicant: by providing the City with hard and electronic copies of the <br />application. <br /> <br />E. Determination that Application is Complete. Within sixty [60] days after filing an application, <br />the Rent Review Officer will determine if it is complete. An application will be considered <br />complete only if and when the required fees have been paid. If the application is incomplete, <br />the Rent Review Officer will inform the applicant in writing as to what additional <br />information is required. Within 45 days of the applicant’s submittal of requested additional <br />information or fees, the Rent Review Officer shall determine whether the application is <br />complete and notify the applicant of the Rent Review Officer’s determination. This process <br />shall continue until the Rent Review Officer issues a written notice advising the applicant <br />that the application is complete. The time period for Rent Increase effective date shall begin <br />running on the date the Rent Review Officer delivers said completeness notice to the <br />applicant. <br /> <br />F. Access to Application. Applications shall be available upon request for inspection and <br />copying by the public during the City’s normal business hours. <br /> <br />G. Expert Analysis. Upon the receipt of an application authorized by this Article, the Rent <br />Review Officer shall determine if the employment of experts will be necessary for a thorough <br />analysis of the application. The Rent Review Officer may retain a certified public accountant <br />to, among other things, verify the accuracy of the expense and income items stated in the <br />application; an expert in the use and theory of the fair return and MNOI methods utilized in <br />this Article; and/or, a licensed appraiser. <br /> <br />H. Response by other party. The party not filing the application may submit a written response to <br />the application within 30 days after the application is determined complete, unless the Rent <br />Review Officer determines that there is good cause to extend that deadline. The party filing a <br />written response shall deliver it to the applicant and to the Rent Review Officer. <br /> <br />I. Decision by Rent Review Officer. Applications filed pursuant to this Article shall be decided <br />by the Rent Review Officer based on substantial evidence and without a hearing or personal <br />appearances by any of the involved parties or their representatives. The decision will be made <br />within 60 days of the date that the application is deemed complete, unless the Rent Review <br />Officer determines that there is good cause to extend that deadline. The Rent Review Officer <br />shall email all involved parties or their representatives the date on which the Rent Review <br />Officer will consider the matter under submission and beyond which the Rent Review <br />Officer will not accept additional information, briefs, evidence or arguments (the <br />“Submission Date”). The Rent Review Officer shall email notice of the Submission Date to <br />all parties or their representatives at least 21 days prior to the Submission Date. The Rent <br />Review Officer’s decision on the merits of the application shall be emailed and sent by mail, <br />with proof of mailing, to the Mobilehome Owner, the Park Owner, the Park Owner’s and <br />Mobilehome Owners’ representatives, and the Mobilehome Owners’ Association <br />Representative, if any. <br />
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