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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 /> 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 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 /> 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, <br /> 7) Cost-factored and amortized. <br /> Section 8-3144 — Tenant Petition <br /> 24 <br /> Resolution No. 2026-006 <br /> Page 26 of 82 <br />