(A) Any person seeking an individual rent ceiling adjustment under Section 12 of the Ordinance must file a petition under the provisions of this Chapter. Upon receipt of a petition by a landlord and/or tenant, the rent ceiling of individual controlled rental units may be adjusted upward or downward in accordance with the procedures set forth elsewhere in this Chapter. The petition shall be on the form provided by the Board.
(B) A petitioner must attach to the individual adjustment petition copies of all documentary evidence that will be presented at the hearing as specified in the instructions to the petition. A petition without any required documentary evidence will be considered incomplete and will be refused under Regulation 1207, unless the petition contains the explanation of the unavailability of the documentary evidence. A petitioner who attempts to introduce at the hearing any documentary evidence not attached to the petition must comply with Regulation 1208. The hearing examiner may refuse to permit introduction of such documentary evidence where there is not good cause for the failure to attach it to the petition.
(C) For petitions requesting increases in rent, required documentary evidence includes, for each expense category listed below for which expenses are claimed and for which documentary evidence exists, invoices, cancelled checks, receipts and ledger sheets or other documents showing, for the base year and for the comparison year of the petition, the following:
(2) The amount of other income received from the property in the period;
(3) Amounts billed and paid for electricity, gas and water and trash service;
(4) Amounts billed and paid for property insurance for fire and liability and collapse;
(5) Amounts expended for maintenance and repair;
(6) Amounts expended for advertising, accounting and legal services;
(7) Property taxes assessed and paid;
(8) Registration fees, license fees and other fees paid;
(9) Management expenses;
(10) Hours of owner-performed labor and anything showing expertise that would justify a skilled labor rate;
(11) Miscellaneous and nonrecurring expenses paid;
(12) Capital improvement expenses, including any financing obtained for capital improvements; (13) For petitions requesting increases under Regulation 1275, any documentary evidence showing the amount of any tax benefits, appreciation in value of the property, purchase price and other terms of purchase, financing arrangements and all information set forth above.
(14) For petitions requesting increases under Regulation 1276, any documentary evidence showing the financing arrangements in effect at all relevant times.
(D) For tenant petitions under Regulation 1269, the documentary evidence attached to the petition shall include a copy of a letter or other notice to the owner regarding the decreased service, inadequate service or deterioration, a copy of any written rental agreement, and a coy of a request for an inspection by a housing inspector from the Department of Codes and Inspection of the City of Berkeley. If the Code Inspection Report has been issued by the date the petition is filed, a copy of that report shall also be attached to the petition. Any tenant who intends to file a petition based on deterioration or reductions in housing services shall, at least thirty (30) days prior to filing of the petition, notify the landlord, the landlord's authorized representative or the resident manager of the subject property in writing of the conditions or the loss of housing services upon which the intended petition will be based. In order to be accepted for filing, all such petitions must be accompanied by a copy of the aforementioned written notification and an official Board proof of service signed by the tenant, declaring under penalty of perjury that the written notice has been served by mail or in person upon the person or persons specified herein.
(E) For tenant petitions under Regulation 1271, the documentary evidence attached to the petition shall include any cancelled checks, rent receipts or other documentary evidence of the claimed overcharge. If no such documentary evidence is in the possession of the tenant, the tenant shall state on the petition that he or she does not have documentary evidence of the overcharge and set forth the facts which are the basis for the claim of overcharge. Where the basis of any overcharge is ineligibility for Annual General Adjustments due to violation of housing codes, the tenant shall attach a copy of a request for an inspection by a housing inspector from the Department of Codes and Inspection of the City of Berkeley. If the Code Inspection Report has been issued by the date the petition is filed, a copy of that report shall also be attached to the petition.
[Amendment effective April 5, 1996]