Committee affirms hearing officer on carpet, unlawful rent findings and orders remand to correct factual dates

The Mountain View Rental Housing Committee on Feb. 27 voted to accept the tentative appeal decision concerning petitions (numbers 2032483 and 2032484) brought by a tenant alleging habitability problems and unlawful rent increases tied to a prior owner. The committee affirmed the hearing officer’s findings in part and remanded some factual determinations for correction.

Staff told the committee the hearing officer found that the tenant met his burden of proof that the landlord failed to replace old, moldy carpeting and ordered a temporary and ongoing rent refund: $190 for June 11–30, 2024, and an ongoing $300 per month until replacement. The hearing officer also found the landlord had demanded and retained unlawful rent tied to prior unregistered rent increases and ordered a refund of $14,371.89. Staff recommended affirming liability for unlawful rent but recommended a remand on the carpet award because the hearing officer misstated a critical date: staff said the record shows the respondent (current owner) acquired the property in May 2023, not May 2024, and the petitioner gave notice of the carpet issue in November 2023. Staff asked the committee to remand the carpet portion “to harmonize the finding of facts with the evidence of the record,” and, if appropriate, revise the award.

The tenant told the committee he had sought carpet replacement repeatedly through multiple onsite managers and that his requests were initially approved and later rejected by management; he said he learned only later that the owner had not complied with registration requirements that would govern rent increases. The petitioner described the carpet problem as longstanding and said he had lived in the unit 15 years.

The appellant (current owner/representative) said they had nothing to add in person and relied on the record and counsel. A tenant speaker argued that the hearing officer’s equitable award (repayment of illegal rent) was appropriate to restore the tenant to his prior position and referenced recent case law distinguishing equitable remedies from punitive ones.

Member Amber Cox moved to accept the tentative appeal decision and remand the carpet calculation to correct the dates; Vice Chair Ma seconded. After discussion, the committee voted unanimously to accept the tentative appeal decision as drafted and to remand the carpet findings to the hearing officer to correct the factual chronology and update any award calculations accordingly.

Staff said the remand will allow the hearing officer to reconcile the record about when the owner learned of the carpet problem and when the owner acquired the property; staff noted such corrections affect the period for which ongoing refunds are due.

The committee’s decision affirms that successor owners can be liable under CSFRA for prior owners’ unlawful rent and that factual accuracy of dates and supporting bills is essential to calculating awards. The motion passed unanimously; staff will return with amended findings or revised awards following the remand.