Section 10.10 Decrease in Services
(Amended March 7, 1989; Subsection (e) adopted February 7, 1995; amended April 25, 1995; effective February 1, 1995; amended
August 20, 1996)
(a) A tenant may petition for a reduction of base rent where a landlord, without a corresponding reduction in rent, has (1) substantially decreased housing services, including any service added after commencement of the tenancy and for which additional consideration was paid when it was provided, or (2) failed to provide housing services reasonably expected under the circumstances, or (3) failed to provide a housing service verifiably promised by the landlord prior to commencement of the tenancy.
(b) A petition for arbitration based on decreased services shall be filed on a form supplied by the Board. The petition shall be accompanied by a statement setting forth the nature and value of the service for which the decrease is being sought, and the date the decrease began and ended, if applicable.
(c) No rent decrease as requested in the tenant’s petition will be allowed prior to one year preceding the filing of the petition except where one or more of the following is found:
(1) extraordinary circumstances;
(2) where the tenant establishes by a preponderance of the evidence that there has been long term notice, oral or written, from the tenant or other reliable source, regarding such decrease occurring in the interior of the tenant’s unit, or where such condition existed in the interior of the unit at the commencement of the tenancy and the landlord had constructive notice of same; or
(3) where the tenant establishes by a preponderance of the evidence that there has been actual long term notice, oral or written, from the tenant or other reliable source, and/or constructive notice regarding such decrease occurring in any common area.
(d) For the purposes of this section, notice is defined as follows:
(1) Actual Notice: Actual notice occurs when the tenant or any reliable person or entity informs the landlord, or the landlord’s agents, orally or in writing, of a decrease in housing services as defined in the Rent Ordinance at Section 37.2(g).
(2) Constructive Notice: Constructive notice occurs when a decrease in housing services exists and the landlord should have known about the condition. (For example, constructive notice may be found when a reasonable inspection would have revealed the condition in the common area at any time or in the unit prior to the commencement of the tenancy.)
(e) With respect to Newly Covered Units, the earliest permissible effective date for any rent decrease allowed under this Section 10.10 shall be December 22, 1994; provided, however, that the initial base rent, as defined by Section 37.12(a) of the Rent Ordinance shall include all housing services provided or reasonably expected on May 1, 1994, or as of the commencement of the tenancy, whichever is later.
(f) Except where a failure to repair and maintain results in a substantial decrease in housing services, any relief granted by the Board under this section shall preclude relief under Section 10.11 below. This provision shall not limit any civil remedies that would otherwise be available to a tenant or landlord.
Section 10.11 Failure to Perform Ordinary Repair and Maintenance
(Amended March 7, 1989)
(a) Up to 60 days following receipt by the tenant of a notice of rent increase, a tenant may petition for a denial of any increase (except certified capital improvements, rehabilitation, and/or energy conservation work) if the landlord has failed to perform requested repair, replacement or maintenance, as required by state and local law.
(b) Petitions based on the above grounds must be accompanied by a copy of the notice of rent increase, a statement of the nature, and extent of the necessary repairs and/or maintenance together with supporting documentation.
Section 10.12 Documentation of Gas and Electrical Increases
(Amended August 24, 2004)
The following provisions shall apply to utility passthroughs where the notice of rent increase for the utility passthrough was served prior to or on November 1, 2004:
(a) A tenant may petition for an arbitration hearing if the landlord has failed to provide the tenant with a clear explanation of the charges for gas and electricity on which an increase is being based.
(b) The landlord shall have the burden of proving the calculations upon which this increase is based.
(c) A petition based on this section shall be accompanied by the notice of increase.
Section 10.13 Improper Utility Passthrough
(Added August 24, 2004; Amended December 16, 2008, effective January 1, 2009)
(a) The following provisions shall apply to utility passthroughs where the notice of rent increase for the utility passthrough was served after November 1, 2004 where a Petition For Approval Of The Utility Passthrough was required to be filed under Section 6.16 of these Rules:
(i) A tenant may petition for an arbitration hearing if the landlord has increased the tenant’s rent based on an increase in utility costs, but (1) has failed to file a petition for approval of the utility passthrough pursuant to Section 6.16 of these Rules, or (2) has failed to discontinue the utility passthrough after twelve months.
(ii) The landlord shall have the burden of proving that the utility passthrough has been approved and/or imposed in accordance with Section 6.16 of these Rules.
(iii) A petition based on this section shall be accompanied by the notice of increase.
(b) The following provisions shall apply to utility passthroughs where the notice of rent increase for the utility passthrough was served after January 1, 2009 where a Petition For Approval Of The Utility Passthrough was not required to be filed under Section 6.16:
(i) A tenant may petition for an arbitration hearing if the landlord has increased the tenant’s rent based on an increase in utility costs, but (1) did not file a Utility Passthrough Calculation Worksheet with the Rent Board pursuant to Section 6.16 of these Rules; or (2) did not serve the tenant with a copy of the Utility Passthrough Calculation Worksheet, date-stamped by the Rent Board, with the notice of increase for the utility passthrough; or (3) did not properly calculate the utility passthrough or used an incorrect room count; or (4) did not discontinue the utility passthrough after twelve months.
(ii) The landlord shall have the burden of proving that the utility passthrough has been approved and/or imposed in accordance with Section 6.16 of these Rules.
(iii) A petition based on this section shall be accompanied by the notice of increase.
Section 10.14 Improper Water Revenue Bond Passthrough
(Effective July 20, 2005)
(a) Within one year of the effective date of a water revenue bond passthrough, a tenant may petition for an arbitration hearing on the following grounds;
(1) The landlord has not properly calculated the passthrough;
(2) The passthrough is calculated using an incorrect unit count;
(3) The landlord failed to provide a clear written explanation of the charges and the calculation of the passthrough;
(4) The unit is not in compliance with applicable laws requiring water conservation devices;
(5) The tenant requested a copy of the applicable water bill(s) and the landlord has not provided them;
(6) The tenancy began during or after the billing period(s) included in the passthrough calculation;
(7) The landlord failed to discontinue the passthrough after it was fully paid.
(b) The landlord shall have the burden of proving the accuracy of the calculation that is the basis of the water revenue bond passthrough, and that the unit is in compliance with applicable laws requiring water conservation devices.
(c) A petition based on this section shall be accompanied by the notice of the water revenue bond passthrough.