Question:
What is the rental increase resolution ordinance?
Answer:
The Ordinance establishes a process for the resolution of tenant/landlords disputes concerning rent,
housing services or proposed evictions. The City, acting through mediators will provide conciliation and
mediation services to eligible tenants or landlords.
Question:
What is the purpose of the ordinance?
Answer:
To permit landlords a fair and reasonable return on the value of their property while protecting tenants and from excessive and unreasonable rent increases.
Question:
Who is eligible? Who is covered?
Answer:
Anyone is eligible for information and voluntary mediation regarding their rights and responsibilities under California tenant/landlord law by contacting the Campbell Rent Mediation program at (408) 243-8565 ext 1011
Question:
What are the landlord's responsibilities when rent is increased?
Answer:
The landlord must provide a written notice of amount of increase. After January 1, 2001, a 60 day notice is required before a rent increase fan go into effect.
Question:
How often can rent be raised on existing tenants?
Answer:
The ordinance has no restrictions on frequency of rent increases
Question:
What limitations does the ordinance place on rent increase amounts?
Answer:
There are no limitations specified in the ordinance.
Question:
What are reductions in housing services?
Answer:
A service reduction occurs when a tenant's service level is reduced without a corresponding reduction in rent, i.e., unrepaired stove, dishwasher, etc. Claims of service reductions must be documented by the tenant in writing. Tenants should show that they have previously notified the owner of the service reduction complaint. Housing code violations are considered service reductions.
Question:
How is a petition filed?
Answer:
Forms may be obtained from the Campbell Rent Mediation Program. The completed form is then filled out and returned to Campbell Rent Mediation. Petitions may be filed regarding disputes over housing services, evictions, and rent increases.
Question:
How does a tenant find out which other tenants have received a rent increase?
Answer:
It any tenant request in writing the apartment numbers of all tenants receiving increase notices for the same month as the tenant making the request, the owner must provide the apartment numbers in writing.
Question:
What happens after the petition is filed?
Answer:
You will be contacted by a Campbell Rent Mediation Program representative who will attempt to resolve the dispute through telephone ore mail contacts with both parties. If conciliations is not successful, a Mediation can be scheduled. Landlords will be requested to provide information on costs. At the hearing, both landlord and tenants may bring an advisor, documents and any evidence.
Question:
Does an owner have to attend a mediation hearing?
Answer:
Yes, subject to terms of the mediation agreement.
Question:
Does the tenant pay the rent increase in question?
Answer:
Yes, subject to terms of the mediation agreement.
Question:
Who conducts the mediation?
Answer:
Mediators are individuals selected by the City of Campbell for skills and training in resolving disputes and in making impartial decisions.
Question:
What happens at the mediation hearing?
Answer:
Mediation is a procedure where the mediator will assist the owner and tenants to reach a voluntary agreement. All parties can present information. Mediated agreement applies only to those in attendance or who have a designated person to act in their behalf--and who have signed a petition.
Question:
What if an agreement is not possible?
Answer:
When mediation has not resulted in an agreement either party may request a review by the Fact Finding Committee. This is limited to rent increases disputes from 4-plexes and above. Forms are available from a mediator, city staff of Campbell Rent Mediation.
Question:
Is the tenant protected from a landlord who evicts him for using the mediation process?
Answer:
Yes, it's unlawful under California law for any landlord to evict a tenant in retaliation for exercising her/his rights as a tenant.
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