When a party appeals the decision of a hearing officer, the tenant must continue to
pay the amount of the rent adjustment due during the period prior to the issuance
of the decision and the remaining amount of the noticed rent increase is not operative
until the board has issued its written decision.
5.
Final decision. The decision on a petition is final when any one (1) of the following
events have occurred:
a.
A hearing officer decision has been issued and the time for appeal has passed without
an appeal being filed;
b.
An appeal decision is issued and the time to file a writ of administrative mandamus
has passed without a writ being filed; or
c.
When a court issues a final decision, including any further court appeals, on any
writ of administrative mandamus contesting a Rent Board appeal decision.
6.
No part of any noticed rent increase is operative during the period after the tenant
has filed a petition and the applicable covered unit has been cited in an inspection
report by the appropriate governmental agency as containing serious health, safety,
fire, or building code violations as defined by Section 17920.3 of the California
Health and Safety Code, excluding any, violation caused by a disaster or where the
owner proves the violation was solely caused by the willful conduct of the tenant.
In order for such rent increase to be operative the owner must provide proof that
the cited violation has been abated. The owner must then issue a new rent increase
notice pursuant to California Civil Code Section 827. The rent increase will be operative
in accordance with Section 827. However, if an Owner files a petition for a Rent increase,
the Tenant must include the allegation of code violations in the response to the petition
for this Subsection to be considered.