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Calculation and distribution of landlord compensation payments to tenants of affected units shall be as follows:
(a) If the rental unit lease or other written agreement states a rate for the housing service to be severed, that rate shall be used to calculate the amount due on a daily basis.
(b) If there is no rate stated in the lease or other written agreement for the housing service to be severed, the rate shall be equal to the current replacement value of the service to be severed; that rate shall be used to calculate the amount due on a daily basis.
(1) The amount due pursuant to this Subsection 65A.3(b) for each such temporarily severed housing service shall not exceed 15% of the monthly base rent for the rental unit, pro-rated on a daily basis.
(2) The replacement value of the severed housing service will depend on the facts of each case. The following factors may be considered in the determination of replacement value:
(A) The rates for parking or storage or other severed housing service in the same neighborhood at the time the tenant first rented the parking or storage space or other service, adjusted by the amount of the intervening annual allowable rent increases; the current replacement value of the parking or storage space or other service in the same neighborhood as the tenant's unit; and/or the amount the landlord charges other tenants in the same property for the same service.
(B) If the parking or storage space or other housing service was provided to the tenant after the inception of the tenancy and the tenant does not pay any additional rent for the service, no compensation will be due upon temporary severance of the service.
(3) One-half of the compensation payment shall be due upon service of the notice of temporary severance of housing service; the remaining one-half shall be due on the date that the temporary severance actually commences.
(Added by Ord. 173-14, File No. 140679, App. 7/31/2014, Eff. 8/30/2014)