How to File a Construction-Related Decrease Petition

While most construction comes with some inconvenience, significant disruptions caused by relentless noise, dust, odors, utility shut-offs, and compromised security can interfere with the right of tenants to occupy their homes. When this happens, tenants may seek help from Rent Control. If you are a renter who is significantly impacted by ongoing construction in your building, you may petition the Rent Control Board to have your rent reduced. 

Rent Control Board Regulation 4400, titled “Rent Decreases for Construction Impacts,” provides a remedy for declines in services or maintenance, or interferences with occupancy, resulting from construction activity. Rent decreases may also be authorized if the work is carried out in an unreasonable manner, or takes an unreasonably long time to complete. These rent reductions can be both retroactive and prospective, compensating affected tenants for the entire period during which housing services are interrupted.  However, petitions MUST be submitted before the construction work is completed.

It is important to note that certain construction problems are not eligible for rent reductions despite disruptions tenants may experience. Decreases will not be authorized for unavoidable impacts due to reasonably necessary repair or maintenance, performed in a reasonable manner. For example, decreases are not normally granted for seismic retrofitting projects as those are required by the City and also help make the building safer for tenants. 

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Continue the Process:

Before you may file a construction decrease petition, Rent Control must mail a notice to the landlord regarding the construction with copies to each tenant. These are the steps to get the process started. 

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    Email Rent Control staff with a brief write-up of the nature of the work, when it began, and how it is affecting you. Be sure to include your address. This will help our hearings department determine whether it is appropriate to send a construction notice to the owner.

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    Request a Construction Decrease Petition. Once the required notice of construction is sent to the owner and you receive your copy, contact us to request a construction decrease petition.

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    Submit the original petition and supporting documents. Be sure to follow all instructions carefully. Use the examples provided to guide you in completing the petition and labeling your evidence. If the petition is not complete or is incorrectly filled out, it cannot be accepted for filing.

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    Mediation will be scheduled.  Once your petition is accepted for filing, it will be scheduled for mediation. All parties will be sent a copy of the petition and a notice of the date, time, and location of the mediation at least ten (10) days prior to the mediation date. Mediation can take several forms, but currently, all mediations are being held by phone or video conference.  

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    A hearing will be scheduled. If all the issues raised in a construction 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. A Rent Control hearing is not as formal as a hearing or trial in court, although all testimony is under oath. The hearing is held before a hearing officer and may be attended by any interested party. For further information on preparing for a hearing, see Petition Process - FAQ.

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    Note that Rent Control may not award rent decreases until a petition has been filed, hearings have been held, and a written decision is issued. If you are presently experiencing significant impacts or inconvenience due to construction activity, please call us for more information about the rent decrease process.

    If you are experiencing immediate safety issues, or believe the work is not being done under a properly issued permit, call Code Enforcement at (310)458-4984.

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