- Jurisdiction
- California
We had a hearing with the City of Oakland Rent Adjustment Program in response to a tenant petition. The hearing officer issued her decision in favor of the tenant citing tenant testimony that does not exist. There are three instances of this. I am absolutely certain the testimony does not exist as I have reviewed the hearing audio recordings three times in an attempt to find the tenant testimony that the hearing officer referenced. I have filed an appeal of the hearing decision.
In preparation for the appeal hearing, I informed the City that upon review of the hearing audio, I am unable to find the testimony of the tenant that the hearing officer referred to in her decision. I asked them to provide me with time references in the audio recording to the testimony referred to by the hearing officer. The City informed me that they do not provide this type of information. I responded that I need this information in order to prepare for the appeal hearing.
If I go into the appeal hearing claiming that the testimony does not exist, there would be no way for me to convince the hearing board of this without them listening to the entire 2 hours of the hearing, which they will certainly not do. Therefore, I am certain they will support the hearing officer's decision as I will not be able to prove that the testimony does not exist.
My question is, if I request the City to provide me with reference to the specific tenant testimony the hearing officer referenced in her decision, does the City have some legal obligation to provide me with this information? I would appreciate any suggestions on how I could approach this.
In preparation for the appeal hearing, I informed the City that upon review of the hearing audio, I am unable to find the testimony of the tenant that the hearing officer referred to in her decision. I asked them to provide me with time references in the audio recording to the testimony referred to by the hearing officer. The City informed me that they do not provide this type of information. I responded that I need this information in order to prepare for the appeal hearing.
If I go into the appeal hearing claiming that the testimony does not exist, there would be no way for me to convince the hearing board of this without them listening to the entire 2 hours of the hearing, which they will certainly not do. Therefore, I am certain they will support the hearing officer's decision as I will not be able to prove that the testimony does not exist.
My question is, if I request the City to provide me with reference to the specific tenant testimony the hearing officer referenced in her decision, does the City have some legal obligation to provide me with this information? I would appreciate any suggestions on how I could approach this.