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so annualized, but shall be applied and/or prorated only with <br />respect to the one or more Rental Units actually so benefited; <br />8) Equipment otherwise eligible as a Capital Improvement will not be <br />considered if a "use fee" is charged (i.e. — coin operated washer <br />and dryers); and, <br />9) Pass through costs for Capital Improvements shall not be <br />considered Rent and shall not be increased when Rent Increases, <br />nor shall they be considered Rent for purposes of calculating a <br />Rent Increase. <br />(b) Calculating Capital Improvements. Any Capital Improvement pass - <br />through cost must be calculated according to the following: <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 />pass -through 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 />evaluating a Capital Improvement Petition, including the following: <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 />23 <br />