Laserfiche WebLink
Ordinance No. NS - ____ <br />Page 26 of 44 <br />nor shall they be considered Rent for purposes of calculating a <br />Rent Increase. <br />(b) Calculating Capital Improvements. Any Capital Improvement pass- <br />through cost must be calculated according to the following: <br /> <br />1) Capital Improvement costs must be amortized over the usefu l life of <br />the Capital Improvement, not to exceed ten percent (10%) of the <br />current Rent; for the purposes of such computation, the current <br />Rent for any time period shall not include any Capital Improvement <br />pass-through amounts; <br />2) For mixed-use structures and Landlord-occupied Rental Units, only <br />the percent of residential square footage will be applied in the <br />calculations; <br />3) If a unit is occupied by an agent of the Landlord, this unit must be <br />included when determining the average costs per Rental Unit; and, <br />4) If the Landlord is reimbursed for Capital Improvements (i.e. – <br />insurance, court-awarded damages, subsidies, etc.), such <br />reimbursement must be deducted from the Capital Improvements <br />before costs are amortized and allocated among the Rental Units. <br />(c) Standard of review. All relevant factors shall be considered when <br />evaluating a Capital Improvement Petition, including the following: <br /> <br />1) Capital Improvement completed; <br />2) Landlord’s Petition made within two (2) years of completion of <br />Capital Improvement; <br />3) Distinguished from ordinary repair or maintenance; <br />4) For the primary benefit, use, and enjoyment of the Tenant; <br />5) Permanently fixed in place or relatively immobile and appropriated <br />to the use of the Rental Unit; <br />6) No “use fee” or other charge imposed on Tenants for its use; an d, <br />7) Cost-factored and amortized. <br /> <br /> <br />Section 8-3144 – Tenant Petition <br /> <br />(a) Effective July 1, 2023, or as modified by resolution of the City Council, a <br />Tenant may submit a Petition to the Program Administrator in accordance with the <br />procedures set forth in this Division on any one (1) or more of the following grounds: <br /> <br />1) To request review of a Rent Increase in excess of the maximum <br />allowed Rent Increase; <br />EXHIBIT 1