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EXHIBIT 2 <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 />Dass-throuah 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 />evaluatina a Capital Improvement Petition. includina the followina: <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 />(a) Effective July 1, 2023, or as modified by resolution of the City Council, a <br />Tenant may submit a Petition to the Program Administrator in accordance with the <br />Drocedures set forth in this Division on anv one (1) or more of the followina arounds: <br />1) To request review of a Rent Increase in excess of the maximum <br />allowed Rent Increase; <br />2) To request a reduction in Rent based on decreased Housing <br />Services; <br />3) To request a reduction in Rent based on failure of the Landlord to <br />maintain a habitable premises, including health, safety, fire, or <br />building code violations; <br />4) To contest a Capital Improvement cost as an unauthorized or <br />excessive pass through; or, <br />Ord irrcc�� I- 25 — 32 10/4/2022 <br />Page'''o <br />