The Seismic Retrofit Ordinance (183893) requires property owners to retrofit their properties to prepare for future seismic activities. In line with this work, property owners are required to provide a Tenant Habitability Plan (THP) to HCIDLA in order to mitigate the impact of the Seismic Retrofit Work on tenants.Once the THP plan has been submitted and accepted by HCIDLA, the property owners are required to serve the tenants with a copy of the non-confidential portion of the THP as well as the Seismic Retrofit Work Appeal Form. The property owner has the right to appeal if he or she does not agree with the THP determination.
If the Appeal Form is not provided with the THP packet that will be provided to you, the following are resources where you can obtain the form:
A portion of the total seismic retrofit costs may be passed through to tenants, if approved by HCIDLA. The Property Owner, Tenant, or other interested party may appeal the proposed rent adjustment.
Once HCIDLA receives the Rent Adjustment application and determines the correct pass-through amount, a final determination letter, including a Request for Hearing form, will be mailed to the property owner and tenants.The property owner has the right to appeal if he or she does not agree with the Rent Adjustment determination for seismic retrofit work. If the Rent Adjustment determination is not appealed, the approved rent adjustment will be implemented.
If the Request for Hearing Form is not included with the final determination letter that will be provided to you, the following are resources where you can obtain the form:
The Request for Hearing Form can be obtained by emailing the Hearings Unit at firstname.lastname@example.org
Appeals must include a check/money order for $35 or a signed low income fee waiver form. The waiver form can be found at the back of the Request for Hearing Form.
If a complete appeal application is submitted in a timely manner, HCIDLA will schedule a Rent Adjustment Appeal Hearing within 30 calendar days of the Department’s receipt of the appeal. The Hearing is a venue where property owner(s), tenant(s), and other interested parties can present their cases and evidence. The Hearing Officer will take all accounts into consideration and provide a determination to address the issues.
The Hearing Officer will make a determination on the appeals within 45 days after the expiration of the 15 days allowed to request a hearing. The outcome of the hearing will be the final determination.