A. If an apartment unit has been subject to a written apartment rental agreement for a time period longer than one year, and such agreement expires, and the annual rent increases during the period of the agreement have not at least equaled the total annual increases which would have been allowed pursuant to section 4-5-303 of this article, then, upon the expiration of such agreement, the landlord, at his or her option, may adjust the base rent of the apartment unit upward to a level not exceeding that which could have been imposed during the period of the agreement but for the existence of the agreement; provided, however, such period shall not be greater than three (3) years. Notice of the landlord's election to exercise such option shall be given to the tenant not less than thirty (30) days prior to the expiration of such agreement.
B. If an apartment unit has been subject to a written apartment rental agreement for a time period longer than one year, and the landlord has made capital expenditures during the term of the agreement, then, upon the expiration of such agreement, the landlord, at his or her option, may add to the rent for such apartment unit a capital expenditure surcharge in an amount which could have been imposed pursuant to the provisions of section 4-5-304 of this article but for the existence of such agreement for capital expenditures incurred by the landlord during the period of the agreement; provided, however, such period shall not be greater than three (3) years. Notice of the landlord's election to exercise such option shall be given to the tenant not less than thirty (30) days prior to the expiration of such agreement.
C. If an apartment unit has been subject to a written apartment rental agreement for a time period longer than one year, and the rent of such apartment unit included one or more of the basic and essential utility services, as defined in section 4-5-306 of this article, then, upon the expiration of such agreement, the landlord, at his option, may add to the rent for such apartment unit a surcharge for utility expense calculated pursuant to the provisions of said section 4-5-306 of this article by comparing the utility billings available for the year immediately prior to the expiration of such agreement, such year to end with the month which contains the latest utility billings available at the time of the computation, with the next year immediately preceding such year. If the utility costs have increased by a percentage which is greater than the percentage of increase provided in the lease for the year just ended compared to the year immediately preceding, any amount of such utility costs which is in excess of that amount which would have been arrived at had the utility costs increased only by the same percentage as the annual rental increase may be passed through to the tenant, prorated among all the units whose base rent includes such utility service on a square footage basis, and payable one-twelfth (1/12) per month. Notice of the landlord's election to exercise such option shall be given to the tenant not less than thirty (30) days prior to the expiration of such agreement. (1962 Code § 11-3.09; amd. Ord. 91-O-2118, eff. 5-24-1991; Ord. 91-O-2135, eff. 1-9-1992)