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Question: [For Capital Improvement rent increase cases] The Department approved a rent increase and the owner has given me a written notice to start paying this surcharge? Since I appealed the Department’s decision, do I have to pay this surcharge?
Answer: Yes, the rent increase authorized by the Department may go into effect after compliance with statutory notice requirements. If this rent increase is reduced or disallowed by the Hearing Officer, the landlord shall stop collecting the rent increase and must refund to tenants any previously collected increases or credit this amount against the tenants’ next rent payment.
Question: What are the statutory notice requirements?
Answer: Landlords are required to serve tenants with a written 30-day notice for rent increases and a 60-day notice for rent increases over 10 percent within a 12-month period.
Question: Can my landlord ask me to pay the annual allowable rent increase if he or she is already asking me to pay a Capital Improvement rent increase?
Answer: Yes, the annual allowable rent increase percentage is calculated on the Maximum Adjusted Rent amount. The Capital Improvement rent increase surcharge is separate from this and is not included in this calculation.
Question: Can my landlord charge the annual allowable rent increase percentage on an approved Capital Improvement amount?
Answer: No, the Capital Improvement rent increase approved by the Department for those applications submitted by the landlord after October 1, 1989 is a surcharge not included in the Maximum Adjusted Rent in the calculation of the annual allowable rent increase.
Question: The property where I live is in the Rent Escrow Account Program (REAP). Do I still have to pay the Capital Improvement rent increase?
Answer: It depends. Until your unit is removed from REAP and for one year thereafter, the landlord cannot increase the rent. If your unit is covered by the Rent Stabilization Ordinance (RSO), after the expiration of this period, no rent increase shall be allowed for reimbursement of capital improvement or rehabilitation work for any corrections necessary to comply with the Order that resulted in the placement into REAP or any additional Orders issued while in REAP.
Question: How do I appeal the Hearing Officer’s decision?
Answer: [This does not apply to Just and Reasonable rent increase cases.] The Hearing Officer's decision is final, and there is no further administrative remedy available to you on this case. The time in which a party may seek judicial review of this determination is governed by California Code of Civil Procedure Section 1094.6. Under that provision, petitioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision became final.
Question: [For Just and Reasonable rent increase cases.] How do I appeal the Hearing Officer’s decision?
Answer: [For Just and Reasonable increase cases.] The grounds for appealing the Hearing Officer’s decision to the Rent Adjustment Commission (RAC) are:
A. Error committed by the Hearing Officer;
B. Abuse of discretion committed by the Hearing Officer; or
C. The existence of new, relevant information which was not submitted to the Hearing Officer at the time of the initial determination due to mistake, surprise, inadvertence, or excusable neglect, and which information would have affected the determination of the Hearing Officer if it had been submitted earlier.
Question: I asked the owner to fix a problem in my unit but the owner refuses to fix it. What can I do?
Answer: Please call LAHD’s Customer Service Section, Monday through Friday, from 9:00 a.m. to 4:00 p.m. at 1 (866) 557-7368 (Toll Free) or (213) 808-8888 to file a Code Enforcement complaint. You may also file a Code Enforcement complaint on line at this website.
Question: What is the procedure at the hearing?
Answer: The Department representative will present a summary of the case. Then the appellant will have the opportunity to explain why he or she is appealing the Department’s decision.
The Hearing Officer may discuss, provide explanation, or ask questions about the case to gather information in order to make his or her decision.
Question: Do I have to attend the hearing?
Answer: It is in your best interests to attend the hearing as the outcome may affect you, but it is up to you to decide whether to attend the hearing or not.
Question: I cannot attend the hearing. What do I do?
Answer: If you are unable to attend the hearing, your options are as follows:
1. You can send someone to represent you at the hearing, and/or
2. You can fax over a statement for the Hearing Officer’s review, and request that this statement be read into the record. Whatever you submit will need to be received by the Hearing Section by the close of business the day before the hearing. Please make sure the property address and/or case number are on any documents you submit.
The fax number for the Hearing Section is (213) 808-8613. If you want to drop off the documents in person, the public counter hours at the Garland Building are Monday through Friday, from 9:00 a.m. to 4:00 p.m.
Question: Can I submit evidence to the Hearing Officer at the hearing?
Answer: Yes, please note the following requirements for submitting evidence to the Hearing Officer:
1. The Hearing Officer will only accept into the record any photographic or documentary evidence if the original or a copy is submitted to the Hearing Officer to keep.
2. All photographic evidence submitted must indicate the following:
1. Date photo taken
2. The unit depicted
3. No evidence will be accepted after the hearing unless agreed to by the Hearing Officer.
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