Where a tenant contends that a notice of rent increase is clearly unlawful on its face, a tenant may file a Tenant Summary Petition. A Summary Petition must be accompanied by a copy of the landlord's notice of rent increase, a statement as to why the tenant believes the rent increase should not be allowed, and any supporting documentation. Any prior Rent Board decision affecting the tenant's rent should also be included.
The Summary Petition process does not usually require a hearing. Upon receipt of a Summary Petition, a staff person will contact the landlord if the increase is unlawful. In most cases, the landlord then gives the tenant a new notice of rent increase that is for a proper amount. The effective date in the new notice will set a new "anniversary date" for the tenant, and the tenant cannot be given another annual increase until one year from that date.
In contested cases or where the rent increase is not clearly unlawful, the Rent Board may schedule the Summary Petition for a full evidentiary hearing and decision by an Administrative Law Judge.
Tags: Topic 361