Fillable DECREASE PETITION INFORMATION SHEET If you believe there

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DECREASE PETITION INFORMATION SHEET If you believe there

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dec/pet info sheet (rev 07/20)
SANTA MONICA RENT CONTROL BOARD
1685 Main Street, Room 202 Santa Monica, CA 90401
(310) 458-8751
www.smgov.net/rentcontrol
DECREASE PETITION
INFORMATION SHEET
If you believe there is a deteriorated condition or a loss of services in your apartment, you may file for
a rent decrease under the Individual Rent Adjustment procedures established by Rent Control
Regulations (Chapter 4).
The steps for filing a rent decrease petition are as follows:
Serve the landlord with a notice in writing that you intend to file a decrease petition.
You may use the Notice to Landlord provided in this packet, or you may write your own
letter. In either case, it is essential that you specifically and clearly state the nature of all
complaints or problems. If you use the attached form, you must check the appropriate
category or categories, and explain each problem in detail.
For example, if you check broken window, state which window is broken and what the
exact problem is: For example - "Kitchen window won't close completely and lock is
broken".
Raise all issues in your notice for which you intend to seek a decrease. If there are
additional problems but you do not list them in your notice, Rent Control Board regulations
may prevent you from filing another petition until six months after the decision on your first
decrease becomes final.
Keep a copy of the notice you serve on the landlord. You will need to submit a copy of
the Notice/letter you initially served your landlord when you file your petition.
Complete a proof of service form. A proof of service form is attached. After you serve
your landlord with the Notice of Intent to File a Decrease or your own letter, complete the
Proof of Service form. Be sure to keep the Proof of Service form with your important
documents. It is your proof that you served the landlord with your Notice. You will need to
submit the original Proof of Service Form at the time you file your petition.
It is not necessary to obtain Post Office Return Receipt notice.
At least thirty days but not more than 180 days after the date of service of the notice
on the landlord, you may file the petition for a rent decrease with the Rent Control
Board. You may NOT check any category or raise any problem on the petition that was
not raised in the original notice to landlord. Be sure to include all conditions which have not
been corrected on the petition.
When you are ready to file the petition, please call a decrease screener at
(310) 458-8751 to discuss the proper way to complete the decrease petition and to
arrange an appointment to fill out the petition. Please bring a copy of your notice/letter
to the landlord and the original proof of service when you come in for your appointment at
the Rent Control Board office.
-over-
dec/pet info sheet (rev 07/20)
After You Submit the Decrease Petition. Once the petition is accepted for filing, it is
promptly submitted to an Agency staff member trained to assist landlords and tenants in
resolving disputes. The staff member notifies the parties by mail that the decrease petition
has been filed and schedules a mediation conference in an attempt to resolve the problems
informally.
Mediation can take several forms. The mediator holds an informal meeting with both parties.
Sometimes the issues can be resolved through telephone conversations.
If all the issues raised in a decrease petition are not resolved through mediation, the
unresolved issues are forwarded to the Hearings Department where the petition will be
scheduled for a formal hearing. The parties will be sent a notice of the date, time, and
location of the hearing at least ten (10) days prior to the hearing.
Hearing. In most cases, a Rent Control Investigator will call to make an appointment for an
inspection of your unit before the hearing. Be prepared to point out to the inspector all
conditions included on your notice and petition. Be sure to have a copy of your notice and
petition available for reference during the inspection. The inspector will take photographs,
prepare a written report, and testify at the hearing about the conditions in your apartment. For
further information on preparing for a hearing, see the information brochure entitled "How to
Prepare for a Rent Control Hearing."
Please note that if you are alleging services or amenities to your unit have been reduced, and
your tenancy began before January 1, 1999, you must be prepared to prove these services
were available to the unit in April, 1978. If the service is shown on the first registration form
filed for the property, the burden of proof will be on the landlord to show it was not provided in
April, 1978. If the service is not listed on the first registration form, the tenant must prove the
service was provided in April, 1978.
If you moved in 1999 or later, you must prove that the service or amenity was provided when
you initially moved in.
Effect of Decrease in Rent. Per Regulation 4203, the decreases that are granted will be
calculated from the first rent due date after the petition was filed. If the hearing process is
delayed or continued for good cause, this past reduction period may be shortened. Please be
aware that all decreases are deducted from the existing Maximum Allowable Rent - not a
lower rent level you may be paying. Therefore, if the rent you pay is less than the Maximum
Allowable Rent, the effect of any decrease may not lower the rent you are actually paying.
Other Places to Seek Help. If you believe there are conditions in your unit that violate any
Housing or Health and Safety codes, you may also contact the City’s Code Enforcement
Division at (310) 458-4984 or the LA County Department of Health at (888) 700-9995 to file a
complaint for these items with those agencies.
If you have any questions, please call the Rent Control Board at (310) 458-8751 and speak
with an Information Coordinator for further assistance. Also the Board’s web site at
www.smgov.net/rentcontrol may be helpful.
dec/notice to ll (rev 5/20) 1
SANTA MONICA RENT CONTROL BOARD
1685 Main Street, Santa Monica, CA 90401
(310) 458-8751
www.smgov.net/rentcontrol
NOTICE TO LANDLORD TO REPAIR OR RESTORE SERVICES
Intent To File Petition For Rent Decrease
[Regulation 4003(c)]
To: _____________________________________,
(Landlord)
I intend to seek a decrease in my rent for unit #____________ at
_______________________________________________, by filing a Petition for Rent
(street address)
Decrease with the Rent Control Board unless the conditions checked below are corrected
or restored within 30 days.
Maintenance-Related Conditions
[Regulation 4200(d)]
Place an X in the blank to the left of the condition and specify in the space below the item where
the problem exists.
1. Serious infestation of insects or rodents
2. Substantial holes in floors, walls, or ceilings
3. Damaged wall or ceiling surface, including paint, wallpaper, plaster,
drywall, or wood trim
4. Water leakage through roof, windows, doors, walls, or ceiling
5. Damaged or missing waterproofing or weather protection
6. Defective plumbing, drains, sewage system, toilet facilities, sinks,
showers, bathtubs, or plumbing fixtures
7. Loss of or insufficient hot water or water supply
8. Inoperative or damaged heating system or air conditioning
9. Unsafe or inoperative electrical wiring, outlets, or fixtures
10.
Damaged window or door, including locks
dec/notice to ll (rev 5/20) 2
11. Damaged or missing window screen or screen door
12. Damaged or missing window coverings, including drapes, curtains,
shades or blinds
13. Damaged or missing floor coverings, including carpets, carpet padding,
hardwood, laminate, tile, linoleum, or vinyl
14. Defective or inoperative appliance
15. Broken fan or vent
16. Deteriorated countertops
17. Damaged or missing tile
18. Damaged or missing caulking, grout
19. Deteriorated or broken cabinets or drawers
20. Broken or missing smoke detector, carbon monoxide detector, fire
extinguisher, or fire sprinklers
21. Defective or inoperative elevator
22. Deteriorated porches, walkways, stairs, or railings
23. Accumulation of garbage, debris or other inappropriate materials in
common areas
Broken or defective intercom
25. Damaged or missing mailbox
26. Inoperative or missing exterior lights
27. Other [Regulation 4200(b)]:
dec/notice to ll (rev 5/20) 3
Lost or Reduced Housing Services [Reg. 4200(f)]
1.
Parking
2.
Storage
3.
Furniture
4.
Laundry facilities
5.
Security gates, doors and fencing
6.
Recreational facilities
7.
Yards, patio, balconies, play areas
8.
Landscaping
9.
Gardening or yard care services
10.
Management services, including on-site management
11. Reduction in number of permitted occupants (see Regulation
4200(i) for calculation of decrease)
12.
Other [Regulation 4200(b)]:
If correcting the above maintenance conditions or restoring the above housing
services requires access to my unit, please notify me in a timely manner so
arrangements can be made.
If these conditions are not corrected or services not restored within thirty (30) days
from the date of this Notice, I intend to file a Petition for Rent Decrease with the Santa
Monica Rent Control Board.
signature of tenant
date
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(Dec/pet rev. 05/20) p. 1 of 6
SANTA MONICA RENT CONTROL BOARD
1685 Main Street, Room 202, Santa Monica, CA 90401
(310) 458-8751
www.smgov.net/rentcontrol
PETITION FOR RENT DECREASE
[Regulation 4001A]
(office use only)
Site Address: MAR:
MPP: Date Submitted: ______________
I. PETITIONER(S):
Name(s)
Street Address Unit Zip Code
______ ______
Home Phone Cell Phone
Email Address Business Phone
Mailing Address:
(if different from above) Street Address City Zip Code
II. My current rent is $ I moved into my unit on:
I have an Authorized Representative. See information and signature(s) on Page 6.
III. LANDLORD INFORMATION:
Name
Street Address City State Zip Code
______ _____
Home/Cell Phone Business Phone Email Address
IV. MANAGER INFORMATION:
Name
Street Address City State Zip Code
______ ______
Home/Cell Phone Business Phone Email Address
Petition D-_________
(Dec/pet rev. 05/20) p. 2 of 6
V. MAINTENANCE RELATED CONDITIONS [Regulation 4200(d)]
Compare your Notice To Landlord to Repair or Restore Services with the list of
conditions below. In Column A, place an X in any item that you have also checked in
your original Notice that has not been repaired or restored.
The dollar values in Column B will be used by the Rent Control Board in determining the
amount of rent decrease warranted by each situation.
The Hearing Examiner or the Board may grant a decrease that is greater or less than the
amount shown based upon the evidence that is presented at the hearing. [Regulations
4200(e) and (h).]
Note: The conditions or services you check below must correspond to those
conditions or services noted in your initial NOTICE TO LANDLORD or letter.
A CATEGORY B
1. Serious infestation of insects or rodents $15 - $175
2. Substantial holes in floors, walls, or ceilings $15 - $175
3. Damaged wall or ceiling surface, including
paint, wallpaper, plaster, drywall, or wood trim
$15 - $90
4. Water leakage through roof, windows, doors,
walls, or ceiling
$15 - $175
5. Damaged or missing waterproofing or weather
protection
$15 - $175
6. Defective plumbing, drains, sewage system,
toilet facilities, sinks, showers, bathtubs, or
plumbing fixtures
$15 - $350
7. Loss of or insufficient hot water or water supply $15 - $220
8. Inoperative or damaged heating system or air
conditioning
$15 - $220
9. Unsafe or inoperative electrical wiring, outlets,
or fixtures
$15 - $260
10. Damaged window or door, including locks $5 - $90
11. Damaged or missing window screen or screen
door
$5 - $45
(Dec/pet rev. 05/20) p. 3 of 6
A CATEGORY B
12. Damaged or missing window coverings,
including drapes, curtains, shades or blinds
$15 - $175
13. Damaged or missing floor coverings, including
carpets, carpet padding, hardwood, laminate,
tile, linoleum, or vinyl
$15 - $330
14. Defective or inoperative appliance $15 - $90
15. Broken fan or vent $5 - $30
16. Deteriorated countertops $15 - $45
17. Damaged or missing tile $15 - $45
18. Damaged or missing caulking, grout $5 - $30
19. Deteriorated or broken cabinets or drawers $20 - $60
20. Broken or missing smoke detector, carbon
monoxide detector, fire extinguisher, or fire
sprinklers
$15 - $75
21. Defective or inoperative elevator $15 - $90
22. Deteriorated porches, walkways, stairs, or
railings
$15 - $175
23. Accumulation of garbage, debris or other
inappropriate materials in common areas
$5 - $45
24. Broken or defective intercom $15 - $40
25. Damaged or missing mailbox $15 - $45
26. Inoperative or missing exterior lights $15 - $65
27. Other [Regulation 4200(b)]:
(Dec/pet rev. 05/20) p. 4 of 6
VI. REDUCED HOUSING SERVICES [Regulation 4200(f)]
Tenants who moved into unit prior to January 1, 1999 - The housing services checked
below that were included in the April 10, 1978 rent for my unit have been reduced or
removed.
Or
Tenants who moved into unit on or after January 1, 1999 - The housing services
checked below that were included in my initial rent for this unit have been reduced or
removed.
A CATEGORY B
1. Parking $30 - $550
2. Storage $5 - $220
3. Furniture $5 - $275
4. Laundry facilities $30 - $175
5. Security gates, doors, and fencing $30 - $260
6. Recreational facilities $15 - $175
7. Yards, patio, balconies, play areas $15 - $175
8. Landscaping $5 - $90
9. Gardening or yard care services $5 - $90
10. Management services, including on-site
management
$30 - $115
11. Reduction in number of permitted occupants
(see Regulation 4200(i) for calculation of
decrease)
% of rent
12. Other [Regulation 4200(b)]:
(Dec/pet rev. 05/20) p. 5 of 6
VII. PETITION SUPPORT
Please state all information in support of your Petition for a rent decrease, including the
names of any witnesses or any documents you have relied upon. List names of any
persons you feel should attend a hearing (attach a separate sheet if needed). Please
notify your witnesses of the hearing date and time once scheduled.
Have you received or do you have any knowledge of your landlord's receiving any notices
or reports from City or County agencies regarding health or safety violations on the
property?
Yes No
If yes, please explain:
If you have received any of the above-mentioned notices or reports, please attach these to
this Petition.
(Dec/pet rev. 05/20) p. 6 of 6
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and belief. (All petitioners listed on Page 1 must sign.)
Executed on this ______________day of ______________________, 20_______
at ______________________________________, California.
___________________________________
Signature of Petitioner Signature of Petitioner
__________________________________________________
Signature of Authorized Representative
I have attached the following documents where applicable (check). Items #1 & #2 are
required in order to file this petition:
_____ 1. Copy of NOTICE TO LANDLORD or your letter to landlord requesting
corrected conditions or restored services. [Regulation 4003(c)].
_____ 2. A completed Proof of Service form [Regulation 4003(c)].
_____ 3. Copies of any notices or reports you have received from any City or
County agencies or departments.
VIII. REPRESENTATIVE AUTHORIZATION: I hereby authorize the party named below to act as my
representative in proceedings on these matters. I authorize said representative to complete and
execute under penalty of perjury Santa Monica Rent Control Board petitions and any response forms,
notices, or proofs of service on my behalf. My representative is also authorized to appear for me at any
hearing on this matter. I understand my representative will receive all notices, decisions, and other
Board correspondence and will be responsible for notifying me of same.
I agree to be bound by each of the entries made by said person in this matter to the same extent as if I
had executed it myself under penalty of perjury.
________________________________________________________________
Representative Name
________________________________________________________________
Street Address City State Zip Code
(______)_____________________ _________________________________
Phone Number Email Address
___________________________ ________________________________
Signature of Petitioner Print Name
___________________________ ________________________________
Signature of Petitioner Print Name
SANTA MONICA RENT CONTROL BOARD
1685 Main Street, Room 202, Santa Monica, CA 90401
• (310) 458-8751 • www.smgov.net/rentcontrol
2/2013
PROOF OF SERVICE
Reg. 4003(c)
I declare that I am over the age of eighteen years; that my address is
___________________________________________, Santa Monica, CA; and that I
served on my landlord a true copy of the attached notice to repair or restore services
(hereafter “Notice”) by the following method:
Select one below and complete a separate Proof of Service for each Notice served.
◄ MAIL ►
I placed the Notice in an envelope addressed to the following person(s) at the address below:
_____________________________________________________ person(s) served
_____________________________________________________ address
_____________________________________________________
The envelope was then sealed and postage fully prepaid. I deposited it in the United States mail at
________________________, California on the _____ day of _____________________, 20____.
city
◄ PERSONAL SERVICE ►
I handed the Notice to my landlord or his/her authorized representative/manager as named below
on the _____ day of _____________________, 20____, at the address or location below:
_____________________________________________________ person(s) served
_____________________________________________________ address
_____________________________________________________
◄ EMAIL or FAX ►
□ Email or □ Fax [choose one] is my normal mode of communication with my landlord.
I □ emailed or □ faxed the Notice to my landlord or his/her authorized representative/manager as
named below on the _____ day of _____________________, 20____, at the address or number below:
_____________________________________________________ person(s) served
_____________________________________________________ email address or fax number
I declare under penalty of perjury that the foregoing is true and correct. Executed on
this _____ day of ___________________, 20____, at _______________________, California.
city
______________________________________________________ signature
______________________________________________________ print name
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Completed 13 April 2022

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