1255. Standards to Be Applied to Escrow Determinations

In deciding whether or not to require the payment of reasonably disputed amounts in escrow, the Senior Hearing Examiner, the Hearing Examiner, or the Appeals Panel of the Board, shall consider:

(A) The likelihood that the party requesting the escrow account will prevail on the merits;

(B) The likely sum or sums involved;

(C) The likely length of the escrow;

(D) The likelihood that either party may be prejudiced by the creation of denial of an escrow account;

(E) The desires of the parties;

(F) The tenant's(s') rent payment history, including any reasons for late or nonpayment of rent;

(G) The parties history of compliance or noncompliance with the Ordinance, Regulations and Orders of the Board; and

(H) All other relevant facts which may affect the right of the tenant(s) not to be required to pay rent in excess of that which is lawful.

[Effective 6/20/86]