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2) For mixed -use structures and Landlord -occupied Rental Units, only the percent of residential square footage will be applied in the calculations; 3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. — insurance, court -awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following: 1) Capital Improvement completed; 2) Landlord's Petition made within two (2) years of completion of Capital Improvement; 3) Distinguished from ordinary repair or maintenance; 4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit; 6) No "use fee" or other charge imposed on Tenants for its use; and, 7) Cost -factored and amortized. Section 8-3144 — Tenant Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds: 1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase; 2) To request a reduction in Rent based on decreased Housing Services; 3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations; 4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or, 5) For any other violation of this Article by the Landlord. (b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits: Ordinance No. NS-3027 Page 26 of 43