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EXHIBIT 2 <br />Section 8-3145 — Petition Process <br />A Landlord or a Tenant may file Petitions with the Program Administrator, as provided <br />in this Division. For purposes of this Petition process, the Landlord and each Tenant of <br />a Rental Unit that is the subject of a Petition shall be a "party" to the Petition. The <br />Program Administrator shall promulgate regulations regarding procedures for Petitions <br />filed under this Article. Petitions shall be governed by such regulations and by the <br />provisions of this Section. Where a Tenant or Landlord does not communicate in English <br />or has a disability that limits their ability to fully participate in the Petition process, the <br />Program Administrator shall ensure that the information provided about the Petition <br />process and the Petition process is accessible and occurs in the preferred language of <br />the Tenant and Landlord. The Program Administrator shall further ensure that competent <br />interpreters are provided throughout the Petition process. <br />(a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall <br />notify the petitioner of the acceptance or denial of the Petition based on the <br />completeness of the submission. The Program Administrator shall not assess the <br />merits of the Petition, and shall only refuse acceptance of a Petition that does not <br />include required information or documentation or comply with the requirements of this <br />Division. <br />(b) Filing Fee. Fees for the filing of any Petition shall be established by City <br />Council resolution in the City's Miscellaneous Fee Schedule. Filing Fee waivers shall <br />be made available to any Tenant or Landlord pursuant to eligibility as outlined in <br />California Government Code section 68632. Filing Fees paid by any petitioner shall <br />be non-refundable after the Program Administrator determines any submitted petition <br />to be complete and valid. <br />(c) Prior Petition. Notwithstanding any other provision of this Division, no <br />Petition shall proceed if a decision has been made with regard to a prior Petition based <br />on the same or substantially the same grounds within the previous one hundred and <br />eighty (180) days. <br />(d) No Landlord Petition or upward adjustment of Rent shall be authorized <br />under this Division if the Landlord: <br />1) Has continued to fail to comply, after order of the Board, with any <br />provisions of this Article and/or orders or regulations issued <br />thereunder by the Board; or, <br />2) Has failed to bring the Rental Unit into compliance with the implied <br />warranty of habitability. <br />(e) Notice of Petition. As soon as possible after acceptance of a Petition, the <br />Program Administrator shall provide written notice to the Landlord, if the Petition was <br />filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt <br />of such a Petition. The written notice shall inform the parties of the Petition process, the <br />right to respond, and include a copy of the completed Petition and supportive <br />documents. Anv response submitted by the resoondina warty will be made available to <br />the petitioning part <br />(f) Hearing Officer. An impartial hearing officer appointed by the Program <br />Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has <br />the following powers: <br />Page 28 of 46 <br />