§ 8.52.070. Rent adjustments—Procedures and conditions—Rent adjustment commission authority.

A.

The rent adjustment commission, acting through its rent adjustment panels or staff, in accordance with guidelines developed by the regional planning department and approved by the board, shall have the authority to grant adjustments in the rent for a rental unit or units located in the same housing complex upon receipt of an application for adjustment filed by the landlord of the unit or units if it finds that one or more of the following grounds exist:

1.

That on or after April 1, 1978, the landlord has completed a capital improvement with respect to a rental unit and has not increased the rent to reflect the cost of such improvement. If a rent adjustment panel or staff so finds, the landlord shall be entitled to a monthly rental increase calculated by amortizing the cost of such improvement over a period of time set forth in regulations adopted by the commission; provided, however, that in no event shall the monthly rent increase exceed one-sixtieth (1/60) of the average per unit capital improvement cost;

2.

That on or after April 1, 1978, the landlord has completed rehabilitation work with respect to a rental unit and has not increased the rent to reflect the cost of such work. If a rent adjustment panel so finds, the landlord shall be entitled to a monthly rent increase of one-thirty-sixth (1/36) of the average per unit rehabilitation cost;

3.

That the maximum rent otherwise permitted by this chapter does not permit a just and reasonable return on the rental unit or units. The following are factors, as the regional planning department may develop and propose to the board for approval which may be considered in determining whether a rental unit yields a just and reasonable return:

a.

Property taxes,

b.

Reasonable operating and maintenance expenses,

c.

The extent of capital improvements made to the building in which the rental unit is located, as distinguished from ordinary repair, replacement and maintenance,

d.

Living space, and the level of the housing services,

e.

Substantial deterioration of the rental units other than as a result of ordinary wear and tear, and

f.

Failure to perform ordinary repair, replacement and maintenance.

B.

Anti-speculation Provision. If the only justification offered on the landlord's application for the requested rent increase, pursuant to subsection A3 of this section, is an assertion that the maximum rents permitted pursuant to this chapter do not allow the landlord return sufficient to pay both the operating expenses and debt service on the rental unit or units or on the housing complex containing the rental unit or units, a rent adjustment will not be permitted pursuant to this subsection to a landlord who acquired an interest in the rental unit or units after July 1, 1979.

C.

Procedures.

1.

An application for rent adjustment shall be submitted on a form and with the number of copies prescribed by the clerk of the rent adjustment commission, and shall include among other things the addresses and unit numbers of the unit or units for which an adjustment is requested. Such application may include all rental units in a housing complex for which a rent increase is requested. An application must be accompanied by a $25.00 filing fee. An applicant shall produce at the request of the rent adjustment commission or designee such records, receipts or reports as the commission or designee may deem necessary to make a determination on the adjustment request. Failure to produce such requested items shall be sufficient basis for the commission or designee to terminate the rent adjustment proceeding. All applications for rent adjustment, together with all written evidence presented in support thereof, shall be under oath or penalty of perjury.

2.

Upon receipt of a completed application, the clerk of the rent adjustment commission shall notify by mail the tenant or tenants of the subject unit or units of the receipt of such application, the amount of the requested rent increase, the landlord's justification for the request and the tenant's right to submit written objections to the applicant's request within 10 working days.

3.

A determination, with written findings in support thereof, shall be made by a rent adjustment panel or staff within 30 days from the date of the filing of the application; provided, however, that said 30-day time limit shall be suspended and not continue to run until such time as the landlord has furnished all information requested by the commission or designee. A rent adjustment may be granted for less, but for no more than, the amount requested.

4.

Copies of the findings and determination of the rent adjustment panel or staff shall be mailed by the panel to the applicant and all affected tenants. The determination shall be final unless appealed by the applicant or any affected tenant within 15 working days from the date of determination. Appeals shall be in writing.

(Ord. 82-0055 § 2, 1982: Ord. 12148 § 1 (part), 1980: Ord. 11950 § 5, 1979.)