PETITION PROCESS

What is a petition and why file?

The Santa Monica Rent Control Law allows tenants and landlords to file petitions to resolve disputes or adjust rent levels. The filing of a petition usually results in the matter being scheduled for a hearing. There are several types of petitions heard by the Rent Control Board. These include:

Decrease petition - filed by a tenant to encourage the landlord to make necessary repairs or restore services/amenities. A decrease petition may be filed by a landlord who wishes to remove a service in exchange for a decrease in rent or by the Rent Control Board Administrator for common area problems;

Increase petition - filed by a landlord who seeks to increase the rent levels at a property. Increase petitions are generally filed for all units on a property at the same time and are often based on unusually high expenses, including capital improvement expenses;

Base Rent/Base Amenities petition - filed by a landlord or a tenant to establish the base rent and/or the base amenities for a unit. The base rent date is April 10, 1978, or the first date the unit was rented after that date. The rent level and amenities are established as of the base rent date;

Vacancy Increase petition - filed by a tenant or landlord who disagrees with the agency's determination regarding whether a unit qualifies for a vacancy increase. Petitions must be filed within 30 days of the Notice of Failure to Resolve Factual Dispute;

Complaints for excess rent/non-registration - filed by a tenant who believes he or she is being or has been charged rent in excess of the legal maximum rent. A complaint may also be filed by a tenant if the owner has failed to register the property in accordance with the Regulations.

How do I file a petition?

The petition process begins with the completion and filing of a petition. All petitions are filed at the Rent Control office in City Hall. Petition forms and the regulations which apply to the petition process are available at the Public Information counter. Each type of petition includes instructions on how to complete the forms. Follow the instructions carefully. If the petition is not complete or is incorrectly filled out, it cannot be accepted for filing.

What happens after I file the petition?

After the petition is filed in the City Hall Office, it is either sent to the Hearings Department, or to a mediation facilitator. Increase petitions, Base rent/amenities petitions and Vacancy Increase petitions are sent directly to the Hearings Department. Decrease petitions are sent to the Hearings Department for scheduling although mediation is attempted prior to the hearing in an effort to resolve the issues. Excess rent complaints are initially reviewed to establish a prima facie case and then sent to a mediation facilitator to attempt settlement of the claims. If mediation is not successful the petition is forwarded to the Hearings Department. Petitions are thoroughly reviewed by the Hearings Department upon receipt. If no changes are required, a hearing is scheduled. A Notice of Hearing is sent to the parties at least ten days prior to the hearing. The notice contains the date, time and place of the hearing, as well as other important information. Please pay careful attention to the notice.

Hearings are held at the Hearings Department and are scheduled Monday through Friday during regular working hours. Hearings are usually scheduled in the morning to allow sufficient time for the hearing. The amount of time required for a hearing varies and can be affected by a number of factors such as the amount of evidence and testimony presented, the number of witness and the complexity of the issues.

In some cases, you may be contacted by the Hearings Department prior to the hearing. You may be contacted by the person reviewing your petition if any changes or clarifications to your petition are needed. If you file a decrease petition, an investigator will, in most cases, contact you to visit your unit before a hearing takes place.

This page was last modified on 07/03/2008