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Correspondence- #25
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10/04/2022 Special and Regular
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Correspondence- #25
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10/6/2022 11:31:52 AM
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10/4/2022 10:12:37 AM
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City Clerk
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12/1/2021
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EXHIBIT 2 <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 aremises. includina 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 />5) For any other violation of this Article by the Landlord. <br />(b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition <br />under this Division shall do so within the following time limits: <br />1) Tenant receiving a notice of Rent Increase shall have ninety (90) days <br />after service of such notice to file a Petition for review of Rent; <br />2) In instances where notice is not provided as required, the Tenant shall <br />file a Petition for review of Rent within thirty (30) days after <br />Tenant knew of the alleged failure to comply with the requirements <br />of this Article; and, <br />3) For any other violation(s) of this Article by the Landlord, the Tenant shall <br />file a Petition within one hundred and eiahty (180) days of the <br />alleged violation(s). <br />(c) Standard of Review. All relevant factors shall be considered when <br />evaluatina a Tenant Petition. includina the followina: <br />1) Landlord allows violations of this Article or other applicable state <br />and local statutes to persist; <br />2) Any reduction of Housing Services, living space, or amenities; <br />3) Substantial deterioration of the Rental Unit other than as a result of <br />ordinary wear and tear; <br />4) Landlord's failure to provide adequate Housing Services; <br />5) Tenant provided Landlord with reasonable notice and opportunity to <br />correct the conditions that provide the basis for the petition; and, <br />6) Landlord's failure to comply substantially with this Article or <br />applicable housing, health and safety codes. <br />(d) Restoration of Rent Decrease. Where a Rent decrease has been ordered <br />pursuant to this Division due to a decrease in Housing Services or failure to maintain <br />habitability, the amount of Rent decreased (return of excess Rent) may be restored in <br />accordance with procedures set out in the regulations when the former Housing <br />Services or maintenance levels are reinstated. <br />Page 27 of 46 <br />
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