San Jose Municipal Code Part 7 Administrative Hearing

The purpose of the administrative hearing is to make a determination of the allowable rent increase pursuant to this chapter.

(Ord. 22284.)

A. The administrative hearing officer shall conduct an administrative hearing on the petition within sixty calendar days of the date the landlord's petition is filed.

B. The administrative hearing may be scheduled during the normal business hours of the city rental rights and referrals program unless a party requests that the hearing be scheduled during the evening.

C. The administrative hearing may be held at the mobilehome park with the consent of the mobilehome park landlord, or at such other place as the city rental rights and referrals program may designate.

(Ords. 22020, 22053, 22284, 26792.)

A. Written notice of the time, date and place of the administrative hearing and of the name of the administrative hearing officer assigned to hear the petition shall be given by the city rental rights and referrals program to the landlord and to all affected mobilehome owners and mobilehome tenants within ten working days of receipt of the landlord's petition requesting a rent increase in excess of the amounts specified in Section 17.22.450.

B. Such notice shall be personally served on the parties or shall be sent by first class mail, with a proof of service affidavit.

C. The notice of hearing shall specify the date by which any documentation the mobilehome owners or mobilehome tenants wish to introduce at the administrative hearing must be filed with the city rental rights and referrals program. Said date shall not be more than thirty calendar days from the date such notice is personally served or mailed by the city rental rights and referrals program.

(Ords. 22020, 22053, 22284, 26792.)

A. The mobilehome owners or mobilehome tenants shall submit to the city rental rights and referrals program and to the landlord a copy of all written documentation, including any allegations of service reductions which the owners or tenants wish to present at the hearing within the time specified in the notice described in Section 17.22.770.

B. Either party may request that additional specific supporting documentation be provided to substantiate the claims made by the other party. The request shall be presented in writing to the administrative hearing officer.

C. The administrative hearing officer may order production of such requested documentation, except documentation required by Section 17.22.700, as the administrative hearing officer determines is relevant to the proceedings. The requested documentation shall be submitted to the city rental rights and referrals program and shall be available to the requesting party for inspection and copying during the normal business hours of the city rental rights and referrals program.

D. A copy of all documentation required by this section shall be maintained at the mobilehome park office and shall be available for inspection during the normal business hours of such office.

E. The failure of a party to produce documentation ordered by the administrative hearing officer shall be grounds for the administrative hearing officer to find that such party has not met its burden of proof with respect to the matters to which such documentation pertains.

(Ords. 22284, 22802, 26792.)

A. At the request of the administrative hearing officer, the rental rights and referrals program may schedule a prehearing conference to be held prior to the commencement of a hearing where proposed rent increases are based on the net operating income standard set forth in Part 4 of this chapter. Any such prehearing conference shall be held no earlier than ten calendar days after the date mobilehome owners and mobilehome tenants must file documentation to be introduced at the administrative hearing, as specified in the notice described in Section 17.22.770.

B. The purpose of the prehearing conference shall be for the parties and the administrative hearing officer to review the documentation to be presented at the administrative hearing, for the administrative hearing officer to determine an agenda for the administrative hearing, and for the parties to have an opportunity to stipulate to uncontested matters, if any.

C. In the event the administrative hearing officer desires that a prehearing conference be scheduled, the administrative hearing officer shall so notify the rental rights and referrals program. If the rental rights and referrals program schedules a prehearing conference, the rental rights and referrals program shall give written notice to the landlord and all affected mobilehome owners and mobile home tenants of the time, date and place of the prehearing conference not less than five calendar days prior to the date of the prehearing conference.

D. Any procedural determinations made at the prehearing conference by the administrative hearing officer regarding the conduct of the administrative hearing shall be binding on all parties to the hearing.

(Ords. 23102, 26792.)

A. The hearing shall be conducted by the administrative hearing officer in accordance with such rules and regulations as may be promulgated by the city council.

B. The administrative 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 administrative hearing officer.

C. The rules of evidence generally applicable in the courts shall not be binding on the administrative hearing officer. Hearsay evidence and any and all other evidence which the administrative hearing officer deems relevant and proper may be admitted and considered.

D. Any party or such party's representative, designated in writing by the party, may appear at the hearing to offer such documents, oral testimony, written declaration or other evidence as may be relevant to the proceedings.

E. The administrative hearing officer may grant or order not more than two continuances of the hearing for not more than ten working days each. Additional continuances may be granted only if all parties stipulate in writing. Such continuances may be granted or ordered at the administrative hearing without further written notice to the parties.

F. A tape recording of the proceedings shall be made by the administrative hearing officer or the city rental rights and referrals program and shall be maintained by the city rental rights and referrals program.

(Ords. 22020, 22053, 22284, 26792.)

A. The parties in any administrative hearing are entitled and encouraged to be represented at the hearings by a person of the party's choosing. The representative need not be an attorney.

B. Written designation of representatives shall be filed with the city rental rights and referrals program.

C. The written designation of representative shall include a statement that the representative is authorized to bind the party to any stipulation, decision or other action taken at the administrative hearing.

(Ords. 22284, 26792.)

A. The administrative hearing officer shall, within fifteen working days of the close of the hearing, submit to the city rental rights and referrals program a written statement of decision, together with written findings of fact upon which such decision is based.

B. The administrative hearing officer's decision shall include a determination in accordance with the provisions of this chapter of the amount of the rent increase, if any, which is required to provide the landlord with a fair and reasonable return.

C. The administrative hearing officer's allowance or disallowance of any proposed rent increase or portion thereof may be reasonably conditioned in any manner necessary to effectuate the purposes of this chapter.

D. The city rental rights and referrals program shall forthwith mail copies of the decision to the landlord and all affected mobilehome owners and mobilehome tenants.

(Ords. 22020, 22053, 22284, 26792.)

A. All mobilehome park owners who own rental units which are subject to the provisions of Chapter 17.22 of this Code are hereby put on notice that they are required to keep all financial records for 1985 which may be necessary for making a net operating income determination and that failure to do so may result in the loss of the ability to obtain a rent increase in excess of the annual rent increase authorized under Section 17.22.450.

B. This section is intended to be merely a restatement of previously existing obligations under Chapter 17.22.

(Ord. 25996.)

A. The burden of proving the reasonableness of the rent increase shall be on the landlord.

B. The burden of proving service reductions shall be on the mobilehome owner or mobilehome tenant alleging that service reductions have occurred.

(Ord. 22284.)

A. The administrative hearing officer's decision shall apply to all mobilehome owners or mobilehome tenants subject to the proposed rent increase regardless of whether such owner or tenant was present or represented at the administrative hearing.

B. The administrative hearing officer's decision regarding service reductions shall apply to all mobilehome owners and mobilehome tenants who are subject to the proposed rent increase and are affected by the service reduction.

(Ords. 22284, 222802.)

Except as provided in Section 17.22.850, the decision of the administrative hearing officer shall be final and binding on the landlord and all mobilehome owners and mobilehome tenants who are parties to the hearing either personally or through their designated representatives.

(Ords. 22020, 22053, 22284.)

Any party alleging that the administrative hearing officer's statement of decision contains mathematic or clerical inaccuracies may so notify the city rental rights and referrals program within fifteen calendar days of the mailing of the decision by the city rental rights and referrals program. The city rental rights and referrals program shall forthwith refer such allegations to the administrative hearing officer, who shall review the decision, make any corrections warranted, and refile the statement of decision within five working days of referral by the city rental rights and referrals program. Upon refiling of the statement, the decision shall be final and binding on the parties.

(Ords. 22284, 26792.)