3 AAC 90.100 - Orders of commissioner of commerce, community, and economic development
(a) Review
of Objections to Recommendations. All recommendations of Emergency Rent Review
Boards shall be forwarded to the commissioner for final action. The
commissioner or his authorized designee will review on the record each
recommendation of the board or hearing officer and issue a rent order approving
or denying, in whole or in part, the proposed rental increase or, in the case
of an eviction, a certificate of eviction approving or denying the proposed
eviction. Within 15 days of receipt of a recommendation a copy of the
commissioner's order or certificate of eviction will be sent by certified mail
to the landlord and the tenant. A rent order or certificate of eviction is
considered a final order for purposes of judicial review and will include a
statement of the party's right to have the order reviewed in court, if a notice
of appeal is filed in the superior court within 30 days after the issuance of
the rent order.
(b) Effect of
Orders in Actions for Eviction. An order by the commissioner prohibiting an
increase in rent or an eviction is a defense in an action for eviction for
failure to pay that rent increase or for failure to vacate the premises for the
reasons stated before the board. An order by the commissioner allowing an
increase in rent may be pleaded by the landlord in support of an action for
eviction for failure to pay that rent increase. A tenant has 10 days from
receipt of the order in which to pay the required increase. A certificate of
eviction by the commissioner allowing an eviction may be pleaded by the
landlord in support of a court action for an eviction upon the cause stated
before the board. Nothing in this section interferes with an aggrieved party's
right under AS 34.06.043, AS 34.06.045, or other applicable provisions
consistent with AS 34.06 and this chapter.
Notes
As of Register 171 (October 2004), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.
Authority:AS 34.06.030
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