In a decision by the board or an appeals panel, the decision may (or may direct staff
to) calculate the amount due and determine a repayment schedule consistent with the
rent board regulations for the Tenant to pay any back Rent due or for the Tenant to
receive any rent credits if the Tenant paid a Rent increase that is not upheld on
appeal. However, a Hearing Officer shall calculate the amount due if there is a factual
dispute regarding such amount.
d.
If a final decision permits a greater Rent increase than the amount permitted in the
Hearing Officer's decision, the Owner may issue another Rent increase notice up to
the amount allowed in the final decision, and such additional notice is not subject
to the limitation of no more than one (1) Rent increase within [a] twelve-month period.
e.
If the final decision permits a smaller Rent increase than the amount permitted in
the Hearing Officer's decision, the Tenant need only pay the Rent increase based on
the amount of the final decision.
3.
Tenant Petitions.
a.
While a tenant petition is pending, a tenant must pay when due, pursuant to the rent
increase notice, the amount of the rent increase that is equal to the CPI Rent Adjustment
unless:
i.
The tenant's petition claims decreased housing services; or
ii.
The owner failed to separately state in the rent increase the amount that equals the
CPI Rent Adjustment pursuant to Section 8.22.070 H.
b.
The amount of any noticed rent increase above the CPI Rent Adjustment and Banking
that is the subject of a petition is not operative until the decision is final.
4.