(A) The alleged harassment occurred after the effective date of the ordinance in Board File No. 250926, and within 12 months of the date of the report;
(B) The alleged harassment resulted in the unit becoming uninhabitable, is ongoing against the tenant who submitted the complaint, or is part of a pattern and practice of tenant harassment based on claims previously submitted by other tenants in the building within the last 12 months;
(C) The allegations will be supported by documentary evidence, and/or with testimony of a witness other than the complaining tenant; and
(D) The allegations are not frivolous.
The Rent Board need not hold a hearing if a related civil or criminal action is already pending. The Rent Board may adopt regulations consistent with this Chapter 37 to further define the standards for when the Executive Director shall schedule investigative hearings and the conduct of such hearings.
(3) The Executive Director shall schedule any such hearing within 45 days after receipt of the report of alleged harassment, or as soon as practicable thereafter. Both the tenant and the landlord may appear at the hearing and make oral and/or written presentations, including presentation of other witnesses. Following such hearing, the Administrative Law Judge shall issue findings and conclusions in regard to whether harassment occurred that was severe enough that it materially impacted the tenant’s enjoyment of the unit, and in the case of a prior tenant whether the prior tenant vacated the unit due to the harassment for purposes of Planning Code Section 317.2. The findings and conclusions may be appealed by either party to the Board under Section 37.8.