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A Landlord or a Tenant/Mobilehome Owner/Resident may file a Petition with the Rent Board seeking adjustment, either upward or downward, of the Rent for any given tenancy in accordance with the standards set forth in this section, and using the procedures set forth in Section 14 herein and implementing regulations. A Petition shall be on a form provided by the Rent Board and, if made by the Landlord, shall include a declaration by the Landlord that the Covered Rental Unit, or Mobilehome Park, if applicable, complies with all requirements of this Chapter. (a) Petition for Upward Adjustment — Fair Return. To effectuate the purposes of this Chapter and the requirements of law, a Landlord may file a Petition for an upward adjustment of the Rent to ensure a Fair Return. It is the intent of this Chapter that individual upward adjustments in Rent be granted only when the Landlord demonstrates that such adjustments are necessary to provide the Landlord with a Fair Return. The Rent Board may promulgate regulations to review Petitions filed pursuant to this subsection in accordance with law and the purposes of this Chapter. (1) Prerequisites. No upward adjustment of Rent shall be authorized by a Hearing Officer or the Rent Board under this subsection if the Landlord: (A) Has continued to fail to comply, after order of the Rent Board or other authority, with any provisions of this Chapter or orders or regulations issued thereunder; or (B) Has failed to maintain the Covered Rental Unit/Mobilehome Park in compliance with California Civil Code Sections 798 et seq., 1941.1 et seq. and California Health and Safety Code Sections 17920.3 and 17920.10, as may be amended. (b) Fair Return Standard. (1) Presumption of Fair Base Year Net Operating Income. It shall be presumed that the net operating income received by the Landlord in the base year provided a fair return. (2) Fair Return. A Landlord has the right to obtain a net operating income equal to the base year net operating income adjusted by eighty percent (80%) of the Consumer Price Index (CPI), as defined in this Section herein, since the base year. It shall be presumed this standard provides a fair return. The Base Year CPI shall be the annual CPI for calendar year 2020. The "current year" CPI shall be the annual CPI for calendar year preceding the calendar year the application is filed. (3) Base Year. (A) For the purposes of making fair return determinations pursuant to this section, the base year means the 2020 calendar year. (B) In the event that a determination of the allowable Rent is made pursuant to this section, if a subsequent petition is filed, the base year shall be the year that was considered as the "current year" in the prior petition. 65