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(C) Adjustments to Operating Expenses. Base year and/or current operating <br />expenses may be averaged with other expense levels for other years or amortized <br />or adjusted by the CPI or may otherwise be adjusted, in order to establish an <br />expense amount for that item which most reasonably serves the objectives of <br />obtaining a reasonable comparison of base year and current year expenses. <br />Grounds for such adjustments include, but are not limited to: <br />(i) An expense item for a particular year that is not representative. <br />(ii) The base year expense is not a reasonable projection of average past <br />expenditures for that item in the years immediately preceding or following <br />the base year. <br />(iii) The current year expense is not a reasonable projection of <br />expenditures for that item in recent years or of future expenditures for that <br />item. <br />(iv) A particular expense exceeds the normal industry or other comparable <br />standard for the area, the Landlord shall bear the burden of proving the <br />reasonableness of the expense. To the extent that it is found that the <br />expense is unreasonable it may be adjusted to reflect the normal industry <br />standard. <br />(v) A base year expense is exceptionally low by industry standards and/or <br />on an inflation adjusted basis is exceptionally low relative to current year <br />expenses although the level or type of service has not changed <br />significantly. <br />(vi) An increase in maintenance or management expenses is <br />disproportionate to the percentage increase in the CPI, while the level of <br />services has not changed significantly and/or is not justified by special <br />circumstances. <br />(7) Rent Increases for Periods Preceding Date that a Landlord Implemented Rent <br />Increases Pursuant to this Section. In the event that the period for determining the <br />allowable Rent increase pursuant to this section exceeds 120 days, the Landlord may <br />recover increases that would have been permitted if the Rent increase decision had been <br />made within 120 days. The allowance for these increases may be amortized or may be <br />factored into the prospective allowable increase in order to avoid undue hardship on the <br />Tenant. <br />(8) Assurance of a Fair Return. It shall be presumed that the MNOI standard provides a <br />fair return. Nothing in this Chapter shall preclude the Rent Board or Hearing Officer from <br />granting an increase that is necessary in order to meet constitutional fair return <br />requirements. <br />70 <br />