Consideration of petitions; hearings; orders

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  • (a) Any petition filed under section 836 of this title shall be promptly considered by the Rent Control Officer. Pursuant thereto, he shall hold a hearing, which shall be conducted in accordance with regulations promulgated under clause (1) of section 833 of this title. At this hearing, the landlord and tenant shall be given an opportunity to be heard or to file written statements, with due regard to be given to the utility and relevance of the information offered and the need for expedition.

  • (b) After the hearing referred to in subsection (a) of this section, the Rent Control Officer shall make findings of fact and issue an appropriate order.

  • If the order is favorable to the landlord pursuant to a petition filed by him under subsection (a) of section 836 of this title, it shall provide for an adjustment of the maximum rent ceiling in such manner or amount as the Rent Control Officer deems proper to compensate the landlord for the capital improvement or structural change referred to in such subsection, in whole or in part, if the Rent Control Officer finds the adjustment necessary or appropriate to carry out the purposes of this subchapter; but no such adjusted maximum ceiling shall permit the receipt of rent in excess of the rent generally prevailing for comparable accommodations as determined by the Rent Control Officer.
  • If the order is favorable to the tenant pursuant to a petition filed under subsection (b) of section 836 of this title, it shall, as the case may be, fix a new maximum rent ceiling which shall be substantially equal to that fixed for other properties of like kind and use, or provide for an adjustment of the existing maximum rent ceiling in such manner or amount as, in the judgment of the Rent Control Officer, will effectuate the purposes of this subchapter and provide a fair and reasonable rent for the premises.
  • Copies of the findings and order of the Rent Control Officer shall be served upon the parties to the proceeding.
  • (c) Any adjusted maximum rent ceiling ordered under this section shall be the maximum rent ceiling for the accommodations subject thereto, except that, if the order of adjustment is stayed or set aside by the Commissioner of Housing, Parks and Recreation or the court, the maximum rent ceilings theretofore applicable to such accommodations under this subchapter shall remain in full force and effect.


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