Downward Adjustment Petitions in Rent Stabilization
The Rent Stabilization Department provides information on habitability requirements, downward adjustment petitions, and the hearing process for tenants in California. Habitability covers essential property conditions, and a downward adjustment petition can be filed for failure to maintain habitable premises, decrease in housing services, or unlawful rent charges. The process involves specifying conditions, notifying landlords, and potentially withholding a portion of rent until resolved.
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Presentation Transcript
Rent Stabilization Department Rent Stabilization Department Monthly 2ndTuesday Series Habitability and Downward Adjustment February 11, 2025
Focus Rent Stabilization Department What is Habitability ? What is a Downward Adjustment Petition ? How do I file a Downward Adjustment Petition ? Introduction to the Hearing Process. 2
What is Habitability? Rent Stabilization Department California Health and Safety Codes Section 17920.3 and 17920.10: Electrical Appliances Plumbing Flooring Windows Doors Structure Common Areas Nuisances 3
What is a Downward Adjustment Petition? Rent Stabilization Department 1813 (c) provides for a downward adjustment for failure to maintain habitable premises: (1) Failure to maintain a Covered Rental unit in compliance with health and safety and building codes including California Health and Safety Code Section 17920.3 and 17920.10 constitutes an increase in rent. (2) A tenant petition must: > Specify the condition that constitutes the habitability condition; and > That the landlord was provided with a reasonable notice and opportunity to correct 4
What is a Downward Adjustment Petition? Rent Stabilization Department 1813 (d) provides for a downward adjustment for a decrease in housing services or maintenance; or A deterioration in the covered rental unit beyond normal wear and tear; Without a corresponding rent reduction is a rent increase. 5
What is a Downward Adjustment Petition? Rent Stabilization Department 1813 (e) provides for a downward adjustment for unlawful rent- If a landlord demands or accepts rent in excess of the lawful rent, a tenant may file a petition to adjust the rent to the lawful amount. If the petition is granted by a hearing officer, the landlord shall be ordered to return any excessive rent charged to the tenant. 6
What is a Downward Adjustment Petition? Rent Stabilization Department If the landlord fails to comply within 30 days of the issuance of the order; The Hearing Officer or the PHRB may authorize the tenant to withhold a fraction of the downward adjusted rent until the tenant has recovered the unlawful rent determined by the Petition Order. 7
What is a Downward Adjustment Petition? Rent Stabilization Department Defense for nonpayment ground for eviction: The Petition Order shall constitute a defense to an unlawful detainer action. However, it shall not prevent a tenant from asserting previous overpayments of rent as a defense in an unlawful detainer action. Judicial Enforcement of Decision A tenant may also seek judicial enforcement of the petition order from a court of competent jurisdiction. 8
Tenant-Initiated Petitions Rent Stabilization Department 9
How do I file a downward adjustment? Rent Stabilization Department Steps to submit a downward adjustment: 1. Gather supporting documents and Information; 2. Complete the petition-do not file at this step; 3. Serve the Petition on the Landlord or Property Manager with the proof of service and notice of submission; and 4. File the Petition with the Rent Stabilization Department. 10
How Do I file a Downward Adjustment Petition? Rent Stabilization Department The Downward Adjustment https://www.cityofpasadena.net/petitions- hearings/ Petitions and Hearings - Rent Stabilization Department Tenant-Petition-for-Downward- Adjustment-of-Rent.pdf Filing your petition Tenant-Petition-for- Downward-Adjustment-of-Rent.pdf 11
The Hearing Process Rent Stabilization Department Prehearing Conference > Telephone or Teleconferencing > Parties and their representatives > Hearing officer will: explain the process; and Describe the burden of proof. > Hearing officer may: Briefly review the elements of the petition and review evidence or lack thereof; Formalize a schedule to submit evidence or arguments; and Address any scheduling issues. 12
Hearing Process Rent Stabilization Department Written Order for Pre-Hearing Process > Summary of the conference > If the hearing officer discusses elements and requests additional evidence from the party with the burden of proof, the written order must inform the party of three (3) options to respond: Proceed with the hearing process; Withdraw the petition or concede the challenge of the petition (a new petition can be brought); and Request an extension-postpone in order to submit additional evidence. 13
The Hearing Process Rent Stabilization Department The hearing officer may: > Order or conduct an inspection. > Both parties must have an opportunity to be present Additional submissions > Up to ten (10) calendar days prior to the hearing Stipulations > Can be made amongst the parties Prehearing Motions and Accommodations Interpretation and translation 14
The Hearing Process Rent Stabilization Department Hearings are held: > within sixty (60) calendar days after the acceptance of a completed petition; or > Sixty (60) calendar days after the completion of a prehearing settlement conference; > whichever is later. The Department will provide a hearing notice within fourteen (14) calendar days prior to the hearing date. > Virtual Conference platform can be included as a hearing place. > Reasonable accommodations. 15
The Hearing Process Rent Stabilization Department The hearing officer will issue a decision within sixty (60) calendar days after the hearing is closed. If the landlord fails to comply within thirty (30) days of the issuance of the decision, the tenant shall provide the landlord with a Notice of Rent Withholding form. The hearing officer shall include a schedule of rent withholding in the decision. 16
The Hearing Process Rent Stabilization Department Appeal > Any party may appeal a petition to the Board > Request-for-Appeal-of-Petition-Hearing- Decision.pdf > Steps 1. Complete the Request for Appeal Form. 2. Serve the Request for Appeal Form on all other parties. 3. File the Request for Appeal with the completed proof of service. 17
Thank you Rent Stabilization Department Reach us for Registration at: 626-744-7999 https://pasadenarentalregistry.3dienga ge.com/ Reach out to a Housing Counselor-: https://www.cityofpasadena.net/rent- stabilization/contact-housing- counselor/ Rent Stabilization Department Website: https://www.cityofpasadena.net/rent- stabilization/ 18
