Ordinance No. 2026-001 (Rent Stabilization)

Home

Petition. By written agreement of the Parties, the Hearing Officer may hold the hearing beyond the ninety (90) days. E.Before the hearing, the Program Administrator may attempt to mediate a resolution of the Petition, and may, in the Program Administrator’s discretion, require the Parties to attend at least one mediation session. Such mediation may be handled by the Program Administrator or a third party designated by the Program Administrator. F.Notice of time and place of the hearing shall be sent to all parties at least 15 days before the hearing. The Hearing Officer shall have the power and authority to require and administer oaths or affirmations where appropriate, and to take and hear evidence concerning any matter pending before the Hearing Officer. The rules of evidence generally applicable in a court of law shall not be binding in the hearing. Hearsay evidence and all other evidence which the Hearing Officer deems relevant may be admitted and considered. The Hearing Officer shall have the power to issue subpoenas. The Hearing Officer shall have no authority to consider the constitutionality of any Federal, State or local law or regulation. The hearing may be continued from time to time by the Hearing Officer as it deems necessary. G.Any Party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. Each Party shall comply with the Hearing Officer's request for documents and information and shall comply with the other Party's reasonable requests for documents and information. The Hearing Officer may proceed with the hearing notwithstanding that a Party has failed to appear, failed to provide the documents or information requested by the Hearing Officer or a Party has failed to provide documents or information requested by the other Party. The Hearing Officer may take into consideration, however, the failure of a Party to provide such documents or information. H.Any Party that submits documentation or other evidence related to a Petition shall declare such evidence to be true and correct under penalty of perjury. I.The Party that files the Petition shall have the burden of proof. The Hearing Officer shall not grant the Petition unless supported by a preponderance of the evidence. J.The hearing will be recorded. K.All parties to a Petition may seek assistance from attorneys, recognized Tenant organization representatives, or any other person designated by said parties. L.Within thirty (30) days of the close of the hearing, the Hearing Officer shall make a determination, based on the preponderance of the evidence, whether there should be an upward or downward adjustment of Rent, and shall make a written statement of decision upon which such determination is based. The Hearing Officer's allowance or disallowance of any upward or downward adjustment of Rent may be reasonably conditioned in any manner necessary to effectuate the purposes of this Chapter. The Hearing Officer shall provide the statement of decision to the Program Administrator who shall provide copies to the Parties. M.The Hearing Officer's decision shall be final unless judicial review is sought within sixty (60) days of the date of the Hearing Officer's decision. If a Party seeks judicial review of the Hearing Officer's decision, such Party shall immediately serve the Program Administrator with the judicial filing. An upward or downward adjustment of Rent shall take effect immediately upon the Hearing Officer's decision unless provided otherwise in Exhibit A Ordinance No. 2026-001 Page 7