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(a) Upon delivery of a notice of eviction, an aggrieved tenant who believes that the proposed eviction is not valid or consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter may file a complaint with the board so long as formal eviction proceedings have not been filed against the tenant in a court of competent jurisdiction.
(b) Complaints may be on forms provided by the board, but any written statement which clearly delineates the complaint of the tenant shall be accepted as a properly filed complaint. A person who is unable to prepare a written complaint may make an oral statement to the board which clearly delineates his or her complaint, and this complaint shall be accepted by the board. The board shall prepare a memorandum of an oral complaint which shall be signed by the complaining party.
(c) Within five days after a tenant has filed a complaint with the board regarding a proposed eviction, the board, acting through its designated staff, shall review the notice of eviction and the complaint to determine if there is reasonable cause to believe that the reasons for the eviction are not valid or not consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter. It shall be presumed that there is reasonable cause to believe that the reasons given for the eviction are not valid or are not consistent with the purposes of AS 34.06 if the proposed eviction involves a tenant who has previously filed a complaint against the same landlord pursuant to sec. 30 of this chapter.
(d) If it is determined that there is not reasonable cause to believe that the reasons for the eviction are not valid or not consistent with the purposes of AS 34.06, the board, acting through the staff, shall notify the complaining tenant that the complaint will not be heard by the board, but that this determination does not preclude the tenant's pursuing his legal remedies in court under AS 34.03 or AS 34.06.
(e) If it is determined that there is reasonable cause to believe that the reasons for the eviction are not valid or are not consistent with the purposes of AS 34.06, the board shall send to the landlord a notice of the filing of the complaint and a copy of the complaint. A hearing shall then be held in accordance with sec. 85 of this chapter to determine if the reasons for the eviction are valid and consistent with the purposes of AS 34.06 as set out in sec. 145 of this chapter. After receiving notice of the complaint, the landlord may not implement the proposed eviction until issued a certificate of eviction specifying that the reasons for the eviction are valid and consistent with the purposes of AS 34.06.
History: Eff. 11/15/75, Register 56
Authority: AS 34.06.030
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Last modified 7/05/2006