The Petitions and Hearings Process

Understand the steps in the Rent Board’s petition and hearing process, and make sure your filing complies with the Rent Board’s filing rules to help ensure a smooth and efficient process. 

STEPS IN THE HEARINGS PROCESS

Step 1

Talk to a housing counselor and review the Filing Rules. A housing counselor can help you figure out if you can file a petition, guide you on what forms to use, and help ensure that your filing adheres to the filing rules. Counselors cannot give legal advice, including advising on whether a petition claim will be granted or not.

Step 2

Fill out the petition paperwork, gather supporting evidence, and put your petition package together following the Filing Rules. The Filing Rules also provide instructions on filing new evidence that you may have discovered after you’ve submitted your petition.

Step 3

Review the petition with your housing counselor to make sure the forms are complete and comply with the Filing Rules.

Step 4

File the petition and supporting evidence with the Rent Board. Anything filed with the Rent Board must be served on the other party (the respondent).

Step 5

The Rent Board processes the petition. For certain petitions, a form is sent to the respondent to help them tell their side of the story. Even without a Rent Board form, you can file an objection or other response to the petition and include copies of documents that support your position.

Step 6

The Respondent files an objection and supporting evidence with the Rent Board. The respondent must give the petitioner copies of anything filed with the Rent Board.

Step 7

The Rent Board schedules the hearing and notifies the petitioner and respondent. Talk to your housing counselor about preparing for the hearing. Counselors cannot advise on whether a petition claim will be granted or not.

Step 8

The Rent Board will schedule a settlement conference and hearing. At the settlement conference, the hearing examiner will try to help the parties resolve their dispute informally. If this fails, the hearing starts. The hearing examiner takes evidence and testimony from both parties and any witnesses. The parties can bring a representative (like a lawyer or other advocate), but this is not required.

Step 9

The hearing examiner issues a written decision based on evidence and testimony presented, which is sent to the parties. Decisions become final if neither party files an appeal within 35 days. You will be sent information about filing an appeal along with the decision.

PETITION FILING RULES

New filing rules went into effect on June 16, 2025

The Filing Rules provide instructions on how to 1) properly complete petition and response forms; 2) organize your evidence using an exhibit list form; and 3) send them to the Rent Board and other parties in your case. The rules are meant to provide clarity for the parties and allow the Rent Board to process petitions more efficiently and effectively. Failure to follow the rules may cause delays in processing or lead to your filing being rejected. 

If you need help with the new filing rules

Please contact a housing counselor by making an appointment, calling (510) 981-7368 (RENT), or emailing rent@berkeleyca.gov. Counselors cannot give legal advice, including advising on whether a petition claim will be granted or not.