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There shall be a maximum allowed under this provision of five percent <br />(5%) of gross income unless the Landlord shows greater services were <br />performed for the benefit of the residents. <br />(vii) Costs of Capital Replacements. Costs of capital replacements plus an <br />interest allowance to cover the amortization of those costs where all of the <br />following conditions are met: <br />(I) The costs, less any insurance proceeds or other applicable <br />recovery, are averaged on a per unit basis for each Rental Unit <br />actually benefited by the improvement. <br />(II) The costs are amortized over a period of not less than thirty-six <br />months. <br />(III) The costs do not include any additional costs incurred for <br />property damage or deterioration that result from any unreasonable <br />delay in undertaking or completing any repair or improvement. <br />(IV) The costs do not include costs incurred to bring the Covered <br />Rental Unit/Mobilehome Park into compliance with a provision of <br />the Santa Ana Municipal Code or state law where the original <br />installation of the improvement did not comply with code <br />requirements. <br />(V) At the end of the amortization period, the allowable monthly <br />Rent is decreased by any amount it was increased because of the <br />application of this provision. <br />(VI) The amortization period shall be in conformance with a <br />schedule adopted by the Rent Board unless it is determined that an <br />alternate period is justified based on the evidence presented in the <br />hearing. <br />(viii) Legal Expenses. Attorneys' fees and costs incurred in connection <br />with successful good faith attempts to recover Rents owing, successful <br />good faith unlawful detainer actions not in derogation of applicable law, <br />and legal expenses necessarily incurred in dealings with respect to the <br />normal operation of the Property. Reasonable fees, expenses, and other <br />costs incurred in the course of successfully pursuing rights under or in <br />relationship to this Chapter and regulations adopted pursuant to the <br />Chapter including costs incurred in the course of pursuing successful <br />