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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 3

Citation
Section 3
Parent Document
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction
California (state)
Effective Date
1976-06-16

Other Sections in This Document (374)

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describing the Board’s plans for dealing with petitions for rent adjustments. We consider the declaration not as evidence of any facts or occurrences but for whatever light it may shed on the kinds of adjustment procedures that might be possible under the charter amendment. The declaration states in part: [H] “The Board never completed action on determining the exact procedures to be followed in dealing with applications for rent adjustments. However, all of the proposals being considered involved the development of standardized formulae and procedures for determining the approved rent on any given rental unit. The Board’s goal was to develop a formula that would allow it to calculate the rent it would approve on a given housing unit simply by taking into account data that would be provided yearly involving the owner’s costs and equity investment in the building being considered. To the figure thus calculated, an adjustment would be made depending upon whether the building was ‘average,’ ‘above average,’ or ‘below average,’ in its condition and maintenance. Evidence as to condition and maintenance would be provided by the owner and tenants themselves as well as investigators working for the Board. The goal of these procedures was to be standardized and virtually automatic decisions in cases, with the Board setting policies to be administered by its staff. These policies would, hopefully, minimize contested hearings and allow decisions in the overwhelmingly vast majority of cases to be worked out informally by interested parties and the Board staff. Where decisions could not be worked out informally, hearing would be held by Board hearing officers with final decisions to be made by the Board. With these procedures, we anticipated that any given rent adjustment request could be handled and closed within 30 to 45 days.”