City Charter, Administrative Code, and Municipal Code

SEC. 162.06. REAP HEARINGS.

Chapter XVI of this Code, within ten working days of the hearing. 2. The General Manager may affirm, modify, or reverse the determination of the Department. The General Manager shall find that each of the factors set forth in Section 162.03 exists in affirming the acceptance of a building into REAP. The General Manager may modify or reverse the determination of the Department only upon making written findings setting forth specifically either: (i) that the action of the Department was in error or constituted an abuse of discretion, or (ii) there is new, relevant information which was not previously submitted either at the time of the referral to REAP due to mistake, surprise, inadvertence, lack of notice, or excusable neglect, which information supports a modification or reversal. 3. If the property owner/landlord was already in compliance with the Order before the date of General Manager’s Hearing, the Department’s Decision shall be reversed. If the Department’s Decision is affirmed in the General Manager Hearing Officer Decision, the rent reduction effective date shall be the date of the General Manager Hearing Officer Decision. The General Manager Hearing Officer Decision shall be the final administrative decision unless appealed to the RAC Appeals Board pursuant to Section 162.06 C. 4. If during the General Manager’s Hearing, a tenant or Enforcement Agency presents proof that the violations specified in the Order, at the time the Order was issued, affected additional units that had not been inspected, or that there are additional outstanding Orders affecting the building, structure and/or premises that were not included in the original Decision of the Department, the General Manager may order further rent reductions or include additional units in REAP. Prior to determining that additional units not included in the original Decision of the Department pursuant to Section 162.04 D. will be subject to inclusion in REAP or rent reductions, the General Manager shall, if requested by the property owner/landlord, continue the hearing as to the additional units in order to provide an opportunity to be heard. The General Manager may issue a decision as to the rental units included in the original Decision of the Department prior to the continued hearing date or may wait and issue one General Manager Hearing Officer Decision covering all of the units.