(a) Except for access and Harassment Applications, any Affected Party may serve and file an answer to an Application within thirty (30) days from when the applicant completed service of the Application. For access and Harassment Applications, any Affected Party may serve and file an answer to an Application within fifteen (15) days from when the applicant completed service of the Application.
(1) Form of answer. The Affected Party must use forms provided by the Loft Board. The Affected Party may not alter or re-type the forms.
(2) The answer must contain facts and arguments relevant to the claim raised in the Application. The Affected Party must attach supporting documents where required by the application form.
(b) Service of the answer. Before filing an answer with the Loft Board, the Affected Party must serve the applicant with a copy of the answer and supporting documents, if any. The Affected Party may serve by:
(1) personal service. Proof of personal service consists of a sworn affidavit indicating the date, time, place, location, and mode of identification of such personal service; or
(2) email, if the applicant consents to such service and has provided a current and valid email address for such purpose. Proof of service by email consists of a copy of a delivery receipt from an email server indicating the email was delivered to such email address; or
(3) fax, if the applicant consents to such service and has provided a fax number for such purpose. Proof of service by fax consists of a fax machine receipt indicating the transmission was successfully delivered to such number; or
(4) first class mail. Proof of service by first class mail consists of a United States Post Office-stamped copy of the certificate of mailing indicating the mailing address of the applicant; or
(5) delivery by a Private Delivery Service. Proof of service by a Private Delivery Service consists of a copy of a receipt showing acceptance by the delivery service for delivery to the address of the applicant.
(c) Filing the answer with the Loft Board. The Affected Party must file either a hard copy of the answer with original signature, or an electronic copy of the answer in a format listed on the Loft Board's website, proof of service on the applicant, and all supporting documents, if any, with the Loft Board on or before close of business on the last day of the time period stated in subdivision (a) of this section. The Affected Party may file the hard copy by hand delivery during regular Business Hours, by regular mail or by delivery by a Private Delivery Service. The Affected Party may file the electronic copy by email to an address provided by the Loft Board or by fax.
(d) Extensions of time to file an answer.
(1) An Affected Party who requires additional time to answer must file a written request with the Loft Board before the end of the answer period. The request must explain the reason(s) the Affected Party needs the extension of time. The Affected Party must serve the request on the applicant by any manner allowed for service of an answer. After service, the Affected Party must file the request and proof of service with the Loft Board. The request and proof of service may be filed by hand delivery, email, fax, regular mail, or Private Delivery Service.
(2) An applicant who wishes to oppose the request for additional time to file an answer may file opposition papers with the Loft Board within three (3) days following service of the extension request. The opposition papers must include the reason(s) why the request should be denied and must describe how the applicant will be prejudiced if additional time is granted. No further submissions will be accepted.
(3) Once the time to oppose the extension request has passed, or after the applicant files opposition papers, the Loft Board staff will issue a written decision granting or denying the extension request. If the Loft Board staff denies the request, the Affected Party will have three (3) days to serve and file an answer. If the Loft Board staff grants the request, the written decision will specify the number of days in which the Affected Party must serve and file an answer.
(Added City Record 3/1/2023, eff. 3/31/2023)