5286

COUNTY LOCAL LAWS

29—55. Notice of rent increase request to other
tenants.

If an extraordinary rent increase is approved
for a dwelling unit located within a rental facility, for
the effective period of the increase (as determined under
subsection 29—57b.) no lease may be executed with
holdover tenants within that rental facility at a rent in
excess of that authorized by subsection 29-51a unless
such holdover tenants received notice of the
extraordinary rent increase request and had an
opportunity to participate as a party in all proceedings
relating to the request, and be a person aggrieved. The
notice required by this Section shall be in conformity
with the provisions of Section 29—64, and, in addition,
shall state (1) that action on the request could affect
the dwelling unit which a tenant may be offered for
renewal or extension of his lease agreement, and (2) that
the tenant has the right to participate in all
proceedings relating to the request as a party and be a
person aggrieved.

29—56. Rent adjustments, standards.

In evaluating any request for an extraordinary
increase in rent, the Executive Director, his designee,
and the Commission shall attempt to assure that rents for
dwelling units covered by this Article are established at
levels which avoid undue hardship on the landlord and the
tenants. Action on the request shall take into account
the landlord's operating expense experience, known or
reasonably certain and unavoidable changes in operating
and maintenance expenses, changes in services to tenants
or in efficiency of operation, capital improvements or
major rehabilitation of the rental facility, delays in
implementing the rent increase for dwelling units under
leases which extend beyond the effective date of the
proposed increase, and such other factors as are
pertinent to the Legislative Findings of this Article and
the stabilization of rents. The following guidelines and
limitations are in addition to the foregoing and shall be
considered in determining the rent increase to be
permitted:

(a) Capital improvements and major
rehabilitations may be considered as relevant to the
determination of the need for the rent increase if they
are reasonably necessary for the health, safety, and
welfare of the tenants or reasonably necessary to prevent
the deterioration of the property or to maintain its
competitive viability in relation to similar properties.
The cost of capital improvements and major rehabilitation
shall be amortized over a reasonable time period and in
no event shall more than eighteen percent (185) of such