pages: CityCouncil/2017-04-07.pdf, 12
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CityCouncil | 2017-04-07 | 12 | before the RRAC hearing. Councilmember Oddie stated the staff report indicates the landlord has the burden of proof regarding the increase; market rate should not be a factor in the RRAC deliberations; the tenant should not have to prove they cannot afford the increase. Mayor Spencer stated both sides share information at RRAC hearings; she would not want to limit the conversation. Councilmember Oddie stated that he brought up burden of proof at the wrong time; the matter is addressed in a later provision; however, market rate is not addressed; market rate cannot be addressed by a Hearing Officer and should not be addressed at RRAC hearings. Mayor Spencer stated the RRAC should be able to look at different things in order to reach a settlement. Vice Mayor Vella stated decisions which are appealable should have the same standards; one side has the burden of proof. Mayor Spencer stated that she is okay with the burden of proof, but would not want to stop a landlord from discussing market rate. Councilmember Ezzy Ashcraft stated when the RRAC is discussed, she is going to make an argument to end the RRAC process; sophisticated concepts of burden of proof should not be under the RRAC. Vice Mayor Vella expressed concern over using FMR since units might not be comparable. Councilmember Matarrese stated Council should not tell either side what they can discuss; the RRAC has a set of rules and standards to guide decisions; the ordinance is clear that the burden of proof is on the property owner. Councilmember Oddie stated the judging standard should be the same for the Hearing Officer and the RRAC. Councilmember Matarrese stated that he agrees. The Community Development Director stated the majority of Council wishes to align the criteria used by the Hearing Officer and the RRAC; returned to the provision requiring notification to the Program Administrator. In response to Mayor Spencer's inquiry, the Community Development Director stated not providing notice is considered a failure to appear. Continued April 4, 2017 Meeting Alameda City Council 12 April 7, 2017 | CityCouncil/2017-04-07.pdf |