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Ordinance No. NS - ____ <br />Page 27 of 44 <br />2) To request a reduction in Rent based on decreased Housing <br />Services; <br />3) To request a reduction in Rent based on failure of the Landlord to <br />maintain a habitable premises, including health, safety, fire, or <br />building code violations; <br />4) To contest a Capital Improvement cost as an unauthorized or <br />excessive pass through; or, <br />5) For any other violation of this Article by the Landlord. <br /> <br />(b) Tenant’s time to file a Petition. Where applicable, a Tenant filing a Petition <br />under this Division shall do so within the following time limits: <br /> <br />1) Tenant receiving a notice of Rent Increase shall have thirty (30) <br />days after service of such notice to file a Petition for review of Rent; <br />2) In instances where notice is not provided as required, the Tenant <br />shall file a Petition for review of Rent within thirty (30) days after <br />Tenant knew of the alleged failure to comply with the requirements <br />of this Article; and, <br />3) For any other violation(s) of this Article by the Landlord, the Tenant <br />shall file a Petition within one hundred and eighty (180) days of the <br />alleged violation(s). <br /> <br />(c) Standard of Review. All relevant factors shall be considered when <br />evaluating a Tenant Petition, including the following: <br /> <br />1) Landlord allows violations of this Article or other applicable state <br />and local statutes to persist; <br />2) Any reduction of Housing Services, living space, or amenities; <br />3) Substantial deterioration of the Rental Unit other than as a result of <br />ordinary wear and tear; <br />4) Landlord’s failure to provide adequate Housing Services; <br />5) Tenant provided Landlord with reasonable notice and opportunity to <br />correct the conditions that provide the basis for the petition; and, <br />6) Landlord’s failure to comply substantially with this Article or <br />applicable housing, health and safety codes. <br /> <br />(d) Restoration of Rent Decrease. Where a Rent decrease has been ordered <br />pursuant to this Division due to a decrease in Housing Services or failure to maintain <br />habitability, the amount of Rent decreased (return of excess Rent) may be restored in <br />accordance with procedures set out in the regulations when the former Housing <br />Services or maintenance levels are reinstated. <br /> <br />EXHIBIT 1