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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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10/18/2022 Special and Regular
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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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8/14/2023 12:12:11 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
21
Date
10/18/2022
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Ordinance No. NS - ____ <br />Page 25 of 44 <br />13) Landlord’s substantial compliance with this Article and applicable <br />housing, health and safety codes. <br /> <br /> <br />Section 8-3143 – Capital Improvement Petition <br /> <br /> (a) Effective July 1, 2023, or as modified by resolution of the City Council, a <br />Landlord may submit a Capital Improvement Petition to the Program Administrator in <br />accordance with the procedures set forth in this Division requesting a pass-through cost <br />to the Tenants to cover expenses incurred by the Landlord to complete Capital <br />Improvements for the Rental Unit pursuant to the following provisions: <br /> <br />1) The Capital Improvement was paid for and completed after <br />November 19, 2021 (the effective date of the first adopted Rent <br />Stabilization Ordinance); <br />2) The Capital Improvement was paid for and completed prior to the <br />filing of the Capital Improvement Petition; <br />3) A Capital Improvement Petition must be initiated by t he Landlord <br />within two (2) years of completion of the Capital Improvement; <br />4) A Capital Improvement Petition shall not apply to Rental Units or <br />new Tenants whose initial Rent was established after the Landlord <br />completed the Capital Improvement; <br />5) The Landlord may not require a Tenant to pay any amount of any <br />cost that is attributable to any period of time that the Tenant was <br />not entitled to use and occupy the Rental Unit; <br />6) The Landlord may not require a Tenant to pay more than the <br />Tenant’s share of the cost attributable to that Tenant’s Rental Unit <br />that is permitted to be passed through to the Tenant; <br />7) If the Capital Improvement inures solely to the benefit of one or <br />more of the Rental Units, but to less than all, the surcharge shall be <br />so annualized, but shall be applied and/or prorated only with <br />respect to the one or more Rental Units actually so benefited; <br />8) Equipment otherwise eligible as a Capital Improvement will not be <br />considered if a “use fee” is charged (i.e. – coin operated washer <br />and dryers); and, <br />9) Pass through costs for Capital Improvements shall not be <br />considered Rent and shall not be increased when Rent Increases, <br />nor shall they be considered Rent for purposes of calculating a <br />Rent Increase. <br />(b) Calculating Capital Improvements. Any Capital Improvement pa ss- <br />through cost must be calculated according to the following: <br /> <br />EXHIBIT 2
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