(a) Compensation in excess of $1. If a landlord intends to require the payment of more than $1 per individual dwelling unit to allow the installation of cable system facilities or equipment, the landlord shall serve written notice on the franchisee within 20 days of the date the landlord is notified that a franchisee intends to construct or install facilities or equipment in the landlord's multiple dwelling. Unless timely notice is given by the landlord to the franchisee, it is conclusively presumed that the landlord does not claim or intend to require the payment of a sum in excess of a one-time payment of $1in exchange and as compensation for permitting the installation of cable system facilities or equipment.
(b) Reasonable compensation. A landlord who has given timely notice to a franchisee may assert a claim for reasonable compensation in excess of $1 for permitting the installation of cable system facilities or equipment. Within 30 days after the landlord gives notice of intent to demand additional compensation, the landlord shall advise the franchisee in writing of the amount claimed as reasonable compensation.
(c) Action to enforce claim of compensation. If within 60 days after the receipt of the landlord's claim a franchisee has not agreed to pay the amount claimed or some other amount acceptable to the landlord, the landlord may file an action in court to enforce the claim for compensation. In any such action, it shall be presumed that reasonable compensation is $1, but the presumption may be rebutted and overcome by evidence that:
(1) the landlord has a specific alternative use for the space occupied by the cable system facilities or equipment, the loss of which results in a monetary loss to the landlord; or
(2) installation of cable system facilities or equipment in the multiple-dwelling unit will otherwise substantially interfere with the use and occupancy of the unit to an extent that causes a decrease in the resale or rental value of the real property.
(d) Determination of damages. In determining damages when no part of the real property is being taken, consideration shall be given only to an injury that is special and peculiar to the real property. The amount of any benefit to the real property by reason of the installation of cable system facilities or equipment shall be deducted from the damages awarded.
(e) Limitations on compensation. The landlord is not entitled to compensation based on a claim of lost profits or business opportunity from an existing or proposed satellite, microwave, or master antenna television system servicing the multiple-dwelling unit.
(Bill No. 54-06)