§ 8.57.120. Rent increases—Commission decision authority.

A.

The commission shall make a final decision no later than 10 days after the conclusion of its hearing. The commission's decision shall be based on the preponderance of the evidence at the hearing. All parties to the hearing shall be advised of the commission's decision and given a copy of the findings upon which the decision is based.

B.

Consistent with its findings, the commission may:

1.

Permit the requested increase to become effective, in whole or in part;

2.

Deny the increase; or

3.

If circumstances justify, order a reduction in rent to a rate determined by the commission.

C.

If the commission finds that an increase that went into effect, or any portion thereof, is not justified, the owner shall refund the amount found to be unjustified to the tenant within 60 days after the decision of the commission is announced.

D.

If the commission finds that a proposed increase, or any portion thereof that was previously inoperative, is justified, the tenant shall pay the amount found justified to the owner within 60 days after the decision of the commission is announced.

E.

The conclusions and findings of the commission shall be final and there shall be no appeal rights to the board of supervisors.

F.

Any party disputing the final conclusions and findings of the commission may seek review of the commission's actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

(Ord. 87-0228 §§ 1 (part), 13, 1987.)