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7) Changes in the utility charges for the Rental Unit paid by the <br />Landlord, and the extent, if any, of reimbursement from the <br />Tenants; <br />8) Changes in reasonable Operating Expenses; <br />9) Changes in Net Operating Income; <br />10) The need for repairs caused by circumstances other than ordinary <br />wear and tear; <br />11) The amount and quality of Housing Services provided by the <br />Landlord to the Tenants; <br />12) Compliance with any existing Rental Agreement lawfully entered <br />into between the Landlord and Tenants; and <br />13) Landlord's substantial compliance with this Article and applicable <br />housing, health and safety codes. <br />Section 8-3143 — Capital Improvement Petition <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 />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 the 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 />23 <br />