1251. Regulations Requiring Deposit of Disputed Rents Into Escrow

(A) Establishment of Escrow Accounts pending Hearing. Whenever a petition for individual rent adjustment is filed and it is alleged, or reasonably appears from the circumstances, that the rent charged or demanded by the landlord is in excess of that permitted by the Ordinance and Regulations, any party to the proceedings may make a written request for an order requiring the deposit of rent into an escrow account. Said request shall be made on a form approved by the Board.

(B) Upon receipt of such written request, the Hearing Examiner shall, at the prehearing conference, consider whether an escrow account should be established and may order that reasonably disputed amounts be paid into escrow pending the hearing and Hearing Examiner's decision on the petition. The Hearing Examiner may also condition any continuance or late scheduling of hearing upon an agreement that rent shall be either paid to the landlord and/or into escrow as may be appropriate. Pending the Hearing Examiner's decision on the petition, an order creating, modifying or terminating an escrow account shall be appealed to the Board.

(C) Any party requesting creation of an escrow account shall serve a copy of the request on all other parties to the case.

[Effective 6/20/86]