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<br />Ordinance No. NS - ____ <br />Page 26 of 43 <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 pass- <br />through cost must be calculated according to the following: <br /> <br />1) Capital Improvement costs must be amortized over the useful 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 b e <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; and,