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Rent Stabilization Board
Rent Stabilization Board

1243. Time for Decision

The Board shall take final action on any individual adjustment petition within 120 days following the date of proper filing, unless the conduct of the petitioner or other good cause is responsible for the delay. Good cause may include, but is not limited to, continuances granted, the submission of additional information by the petitioner, the filing of a motion for reconsideration, or a request by petitioner to disqualify the hearing examiner or Board member(s).

1244. (Reserved)

1245. Notice for Rent Increases

Allowable rent increases pursuant to an individual upward adjustment of the rent ceiling shall become effective only after the landlord, following the decision of the hearing examiner or Board, gives the tenant at least a thirty (30) day written notice of such rent increase and the notice period expires.

1246. Effective Date for Rent Decrease

If the hearing examiner or Board makes a downward individual adjustment of the rent ceiling, the rent decrease pursuant to such adjustment shall take effect on the date of the next regularly scheduled rent payment, but no later than thirty (30) days after the date of the decision by the hearing examiner or Board.

1247. Allocation of Petition Fees

The hearing examiner may, as part of each decision, order the respondent(s) to pay to the petitioner, over an appropriate period of time, a portion of the petition fee fairly allocable to the affected unit(s). In determining the portion to be paid by the respondent(s), the hearing examiner shall consider the good faith and cooperation of the parties, and the relationship between the amount of rent adjustment requested in the petition or other offers made by the parties and the final amount of the adjustment granted.

If the parties agree upon a prehearing settlement, which is approved pursuant to Section 1232 or Section 1248, then the respondent(s) shall pay one half of the fee to the petitioner, over an appropriate period of time, not to exceed twelve months.

If a petitioner is found to be frivolous, no portion of the fee shall be paid by the respondent(s).

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
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