A. All rent adjustment applications and appeals of decisions of the rent administrator on an application, shall be filed on an application form or appeal form provided by the rent administrator, or in a written form which provides all information and documentation required by the city-approved form and shall be accompanied by payment of filing fee, in accordance with the administrative rules adopted by resolution of the city council. At least one copy of the completed application or appeal, a declaration under penalty of perjury and all back-up documentation, along with an electronic copy of the complete application or appeal, must be provided to the city in order for the application to be deemed complete by staff. All information and documentation submitted shall be paginated, labeled and correlated to the specific section, question or item of the city-approved form to which the information and/or documentation pertains. If an applicant or appellant fails or refuses to provide all required information or documentation in accordance with the format of the city-approved forms and these rules, or to pay the required filing fee, the rent administrator is authorized to deem the application or appeal incomplete. At the time the application or appeal is filed, the applicant or appellant shall also post in three conspicuous places in the park, a notice and a complete copy of the application or appeal. The notice shall be in accordance with the city-approved form, and shall advise the park residents or park owner that an application or appeal has been filed with the rent administrator. The park owner shall maintain the copies of the notice and application or appeal in each location in the park for review and inspection by the residents as required by the administrative rules, until the city has issued a final decision on the application or appeal. The applicant or appellant shall also provide any resident representative or park owner with any copies of the complete application, as required by the administrative rules adopted pursuant to this chapter.
B. Upon receipt of an application or appeal, the rent administrator shall determine whether the application or appeal is complete. Within thirty (30) days of receipt of the application or appeal, the rent administrator shall mail written notice to the applicant or appellant advising him or her whether the application or appeal is complete. If the rent administrator determines that the application or appeal is complete, the rent administrator shall also mail written notice to the affected residents or park owner advising them that a complete application or appeal has been filed and that they have the right to submit opposition to the application or appeal pursuant to subsection E. A copy of the application or appeal and the notice to the applicant shall also be concurrently mailed to the park residents' representative.
C. If the rent administrator determines that an application or appeal is incomplete, the rent administrator's written notification to the applicant or appellant shall include an explanation of the deficiencies, and the deadline by which the applicant or appellant must submit the additional documentation or information or filing fee necessary for the rent administrator to find that the application or appeal is complete. If the applicant or appellant fails to submit the additional information or documentation, or pay the required filing fee, to the city by the deadline, the rent administrator shall notify the applicant or appellant in writing that he or she has no more than an additional thirty (30) days to submit the information and documentation or pay the required filing fee necessary to deem the application complete. The rent administrator will also notify the applicant or appellant that failure or refusal to submit the necessary information and/or documentation by the stated deadline may impact the hearing officer's decision on whether the applicant or appellant met his or her burden of proof that he or she is entitled to any rent adjustment or the particular rent adjustment sought by the applicant; and that the application or appeal will not be set for hearing before the hearing officer until payment of the required filing fee.
D. Except as otherwise provided in subdivision (D)(1), if the applicant or appellant fails to submit the additional information or documentation within the deadline established under subsection C, the rent administrator shall provide written notice to the applicant or appellant that the application will be set for hearing on the merits, but that the hearing shall not constitute any determination by the city that the application or appeal is complete, or that the applicant or appellant met his or her burden of proof that he or she is entitled to a rent adjustment under this section. The rent administrator shall also mail a copy of the notice to the affected residents and their resident representative or park owner along with the notice advising them of their right to submit opposition to the application or appeal pursuant to subsection E.
1. An application or appeal shall not be deemed complete until the applicant pays the filing fee. If the application or appeal is incomplete due to the applicant's or appellant's failure to pay the filing fee and/or any required hearing deposit, the written notice shall inform the applicant or appellant that the application or appeal is incomplete and that the application or appeal will not be set for hearing until the filing fee and/or hearing deposit has been paid.
E. Written notice of the application or appeal shall be mailed by the rent administrator to the affected residents or park owner on the date on which it is determined to be either complete or incomplete.
1. If the rent administrator deemed the application or appeal complete, the notice shall inform the affected residents or park owner of the right to submit written, documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application.
2. If the rent administrator deemed the application or appeal incomplete following the failure or refusal of the applicant or appellant to submit all necessary information or documentation by the final deadline imposed pursuant to subsection C of this section, the rent administrator shall mail written notice of the incomplete application or appeal to either the residents or park owner on the date that the rent administrator issued his or her final notification to the applicant or appellant that the application or appeal is incomplete. The notice shall inform the affected residents or park owner of the right to submit written, documentary and photographic responses to the application or appeal to the rent administrator within twenty (20) days of the date notice of the application is mailed by the city. The affected residents or park owner shall provide the applicant or appellant with copies of any response or opposition in accordance with the requirements of the administrative rules adopted pursuant to this chapter. One copy of the application shall be furnished to the resident representative of the affected residents by the rent administrator together with the notice of the application.
F. Procedures for implementation of this section, including, but not limited to, the rent administrator's determination whether an application or appeal is complete shall be set forth in the administrative rules adopted by resolution of the city council.
(Ord. 422 § 1, 2023; Ord. 390 § 7, 2020; Ord. 315 § 2, 2012; Ord. 311 § 8, 2011; Ord. 255 § 14, 2007: Ord. 193 § 10, 1999: Ord. 161 § 9, 1996: Ord. 152, 1996: Ord. 126 § 9, 1994)