City Charter, Administrative Code, and Municipal Code

SEC. 162.06. REAP HEARINGS.

e for a periodic inspection pursuant to Section 161.602. If the building has already had a periodic inspection within the past three years, the General Manager may order the property owner/landlord to pay an inspection fee pursuant to Section 161.901.2. (Amended by Ord. No. 185,644, Eff. 7/6/18.) 7. Under extraordinary circumstances, the Department may delay, reduce, stay or deny the rent reduction or escrow account, notwithstanding that the conditions set forth in Section 162.03 have been met, when to do otherwise would jeopardize the health or safety of the tenants or would violate the constitutional rights of any person. The mere reduction of income available to make repairs shall not constitute extraordinary circumstances. If the Department grants that relief, the General Manager Hearing Officer Decision shall state in detail the circumstances supporting the relief. 8. If the General Manager Hearing Officer Decision is to affirm the placement of the property into REAP, the property owner/landlord shall attend a REAP workshop provided by the Department within six months of the issuance of the Decision. There shall be no fee assessed to attend this workshop. C. Appeal of General Manager Hearing Officer Decision. The property owner/landlord, any tenant, or the Enforcement Agency may appeal to the RAC Appeals Board following the procedures set forth in Division 10 of Article 1 of Chapter XVI. If a General Manager Hearing Officer Decision to place a property into REAP is appealed, enforcement of REAP will be stayed until the appeal is final. An application fee required pursuant to Section 161.1004 C.2. of this Code may be waived by the Department in accordance with the standards and procedures set forth in Section 151.14 C. (Amended by Ord. No. 185,644, Eff. 7/6/18.) If the appeal is denied, the rent reduction shall be applied retroactively to the date of the General Manager Hearing Officer Decision pursuant to Section 162.06 B.3. If the General Manager Hearing Officer Decision imposed additional rent reductions that were not included in the original acceptance into REAP, and if the violations on which those reductions were based have not been corrected by the time the appeal was filed, then the rent reduction(s) shall be applied retroactively to the date of the General Manager Hearing Officer Decision pursuant to Section 162.06 B.3.