Title 3 . Commerce, Community, and Economic Development

Chapter 90 . (Relocated)

Section 100. Orders of commissioner of commerce, community, and economic development

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.

History: Eff. 5/6/75, Register 54; am 11/15/75, Register 56

Authority: AS 34.06.030

Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 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.