MARVIN MANDEL, Governor                               2557

PROVIDED IN SUBSECTION [[(B)]] (C). THAT PART OF ANY
RENTAL FEE INCREASE WHICH EXCEEDS FIVE PERCENT (5%) OF
THE RENTAL FEE WHICH HAS IN EFFECT ON JULY 1, 1974, SHALL
BE NULL AND VOID.

(C)    THE LANDLORD MAY ADD TO THE RENTAL FEE
INCREASE PERMITTED IN SUBSECTION [[(A)]] (B) THE
PROPORTIONATE SHARE OF THE AMOUNT OF ANY INCREASES IN
COSTS TO THE LANDLORD FOR THE PREMISES SINCE JULY 1,
1974, RESULTING FROM INCREASES IN REAL ESTATE TAXES AS OF
JANUARY 11, 1973, WATER AND SEWER CHARGES, UTILITY RATES,
HEATING FUEL CHARGES AS OF JANUARY 11, 1973, AND ANY
ACTUAL COST OF CAPITAL IMPROVEMENTS CONSTRUCTED SINCE
THAT DATE. THE CALCULATION OF THE PROPORTIONATE INCREASE
IN RENTAL FEE SHALL BE IN ACCORDANCE WITH THE RULES
ESTABLISHED UNDER 6 CODE OF FEDERAL REGULATIONS
301.101(A)(3) AND (B) INSOFAR AS APPLICABLE. WRITTEN
DOCUMENTATION OF THE BASIS UPON WHICH THE PROPORTIONATE
INCREASE IN THE RENTAL FEE IS CALCULATED SHALL BE
PROVIDED TO THE TENANT AT THE TIME THE TENANT IS NOTIFIED
OF THE RENTAL FEE INCREASE.

(D)    THE RENTAL FEE FOR A UNIT VACANT ON THE
EFFECTIVE DATE OF THIS SECTION OR BECOMING VACANT
THEREAFTER MAY BE INCREASED BY THE LANDLORD TO AN AMOUNT
EQUAL TO THE HIGHEST RENT PERMITTED UNDER THE TERMS OF
THIS SECTION FOR A COMPARABLE UNIT IN THE SAME RENTAL
FACILITY. HOWEVER, A LANDLORD MAY NOT EVICT A TENANT, OR
REFUSE TO RENEW A LEASE FOR THE SOLE PURPOSE OF RAISING
THE RENTAL FEE TO THE AMOUNT CHARGED FOR THE COMPARABLE
UNIT.

(E)    THE PROVISIONS OF THIS SECTION SHALL BE
SUPERSEDED BY REINSTITUTION OF FEDERAL RENT
STABILIZATION.

(F)    THE GOVERNING BODY OF ANY COUNTY AND BALTIMORE
CITY MAY ENACT LAWS, ORDINANCES OR REGULATIONS CONCERNING
RENTAL FEES COVERED BY THIS SECTION. THESE LAWS,
ORDINANCES AND REGULATIONS SHALL SUPERSEDE THE PROVISIONS
OF THIS SECTION.

(G)    THIS SECTION SHALL NOT APPLY TO FEDERALLY
FINANCED PROJECTS WHERE THE RENT IS DETERMINED AS A
PERCENTAGE OF THE TENANT'S INCOME; AND THIS SECTION SHALL

NOT APPLY__TO RENTAL FEES FOR UNITS OF EDUCATIONAL

INSTITUTIONAL HOUSING NOT OPERATED FOR PROFIT.

(H) IF A LANDLORD INCREASES A RENTAL FEE BEYOND
THE LIMITATION IMPOSED BY THIS SECTION, THE ATTORNEY
GENERAL [[SHALL]] MAY SEEK AND OBTAIN IN AN ACTION IN
THE [[DISTRICT]] APPROPRIATE COURT AN INJUNCTION
PROHIBITING THE LANDLORD FROM INCREASING THE RENTAL FEE
BEYOND THE PERMISSIBLE LIMIT. PRIOR TO SEEKING THE