4-5-402: ADJUSTMENTS FOR TAX INCREASES:
   A.   If a landlord seeks a special hardship rent increase because of an increase in the amount of property taxes assessed against an apartment building, a hearing officer designated by the city manager ("hearing officer") may grant such an increase in accordance with the criteria set forth in subsection 4-5-401A1 of this article and the following criteria:
      1.   A determination will be made of each apartment unit's share of the increased property tax by comparing the square footage of the apartment unit to all dwelling units in the building.
      2.   A maximum of five percent (5%) of the base rent of an apartment unit may be added to the rent of such apartment unit, divided into twelve (12) equal monthly payments per year. In determining the amount of increase to impose under this section, the hearing officer shall consider the apartment unit's share of the increased property tax and the rent levels of all dwelling units in the building.
   B.   The hearing officer shall determine the period of time when any special hardship rent increase granted pursuant to subsection A of this section shall be valid; provided, however, such period shall not exceed three (3) years. At the end of such time, a landlord may apply to the hearing officer for a continuation of the increase. The hearing officer may grant such continuation if it meets the criteria set forth in subsection A of this section.
   C.   Notwithstanding the provisions of subsection B of this section, if any ownership interest in an apartment building is transferred, any special hardship rent increase granted pursuant to this section shall become null and void as of the date of such transfer. A new owner may apply for a special hardship rent increase pursuant to the provisions of this article.
   D.   Any decision of the hearing officer referred to in subsection A of this section is a final decision that is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein. (1962 Code § 11-4.03; amd. Ord. 98-O-2299, eff. 6-5-1998; Ord. 04-O-2449, eff. 6-18-2004)