How to File a Petition for a Rent Decrease

Follow these steps to file for a rent decrease

1. Prepare a written notice that identifies the maintenance and/or amenity issue(s)

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   You may use the Notice to Landlord provided here, or you may write your own letter. In either case, it is recommended that you specifically and clearly state the nature of all complaints or problems. If you use this form, you must check the box next to the appropriate category or categories. In addition, it is recommended that you 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."

   Be sure to 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, you may not include them in your petition. Please note, Rent Control Board regulations may prevent you from filing another petition until six months after the decision on your first petition becomes final. 
   
   Be sure to keep an exact copy of your writing to the landlord. You will need to submit an exact copy of the notice/letter you initially served your landlord when you file your petition.

2. Serve your landlord with your notice

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   Once you have prepared your notice and made a copy, serve the notice or your letter on the landlord by mail, email, handing it him or her, or using another regular method of communication you have with the landlord such as a drop box on the property. If you send notice by mail, it is not necessary to send it as registered mail or obtain a Post Office Return Receipt notice. Please note that a text message does not constitute proper service.
   

   Do not send your notice to us. Please keep your copy until it is time to file the petition.

3. Complete a Proof of Service form

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   You will need to complete a Proof of Service form to document how you gave each notice to your landlord. The form can be downloaded here. After you serve your landlord with the notice or your own letter, complete the section of the Proof of Service form that relates to how you gave notice. Be sure to keep the Proof of Service form with your notice to landlord or letter. This proof that you served the landlord with your notice is important. You will need to submit original Proof of Service form(s) at the time you file your petition. Please do not send the form to us until it is time to file your petition.

4. Wait at least 30 days (but no more than 180 days)

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   Regulations require that you wait at least 30 days after the date of service of the notice on the landlord before filing a petition. This gives your landlord time to act on your request after receiving your notice. You may file the petition for a rent decrease 30 days, but not more than 180 days, after the date of service of the notice to the landlord. 

5. Make an Appointment to File the Petition

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   The Decrease Petition can be downloaded here. Please note that if the petition is not complete or is incorrectly filled out, it cannot be accepted for filing. For that reason, when you are ready to file the petition, we ask you to call us at (310) 458-8751 and speak to an information coordinator or analyst to discuss the proper way to complete the petition and arrange an appointment to file it or get in-person assistance. Please bring a copy of your notice or letter to the landlord and the original Proof of Service form(s) when you come for your appointment. 

   You may not check any category or raise any issue on the petition that was not already raised in the notice to landlord. Be sure to include all conditions which have not been corrected on the petition. If there are items you wish to add that were not included in a notice to landlord, you will need to put those in writing to the landlord and wait another 30 days to file the petition.

6. What happens next?

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   Once a petition is accepted for filing, a staff member notifies the parties by mail that the decrease petition has been filed and schedules a hearing.
   

   Mediation: Mediation is voluntary. If both the tenant and landlord agree to participate in mediation, they contact the Hearings Department, and a mediation is scheduled. 

   Inspection: 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 may take photographs or videos, prepare a written report, and testify at the hearing about the conditions in your unit. 

   Hearing: A Notice of Hearing is sent to the parties at least ten days prior to the hearing. The notice contains the date, time, and place of the hearing, as well as other important information. Many hearings are now held via videoconference. Please pay careful attention to the Notice of Hearing. In some cases, you may be contacted by the Hearings Department prior to the hearing. 

   Hearings are scheduled Monday through Friday during regular working hours. Hearings are usually scheduled in the morning to allow sufficient time to address all the issues. The length of time required for a hearing depends on the amount of evidence and testimony presented, the number of witnesses, and the complexity of the issues. You should set aside a full day for the hearing. If you need a continuance (postponement) of the hearing, you must show good cause. The required process for continuing a hearing is set forth in the Notice of Hearing.

   Please note that if you are alleging services or amenities (such as a refrigerator or parking) have been reduced or eliminated, and your tenancy began before January 1, 1999, you must be prepared to prove these services were provided to the unit in April, 1978. If the service is not listed on the first registration form, you 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.

   For further information on preparing for a hearing, see our Petition Process FAQs.