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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Pennell v. City of San Jose, 485 U.S. 1 (1988)

Citation
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Parent Document
Pennell v. City of San Jose, 485 U.S. 1 (1988)
Effective Date
1988-02-24

Other Sections in This Document (112)

Full Text

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At the heart of the Ordinance is a mechanism for determining the amount by which landlords subject to its provisions may increase the annual rent which they charge their tenants. A landlord is automatically entitled to raise the rent of a tenant in possession2 by as much as eight percent; if a tenant objects to an increase greater than eight percent, a hearing is required before a “Mediation Hearing Officer” to determine whether the landlord’s proposed increase is “reasonable under the circumstances.” The Ordinance sets forth a number of factors to be considered by the hearing officer in making this determination, including “the hardship to a tenant.” § 5703.28(c)(7). Because appellants concentrate their attack on the consideration of this factor, we set forth the relevant provision of the Ordinance in full: