(A) Annual adjustment based on the CPI. On February 1 of each year, the rent may be increased to an amount equal to the rent in effect on January 31 of the prior year adjusted by 75% of the increase in the CPI. The increase in the CPI shall be equal to the percentage increase between the CPI last reported as of October 30 of the most recent year and the CPI last reported as of October 30 of the year prior to that year. However, the increase shall not exceed seven percent of existing rent. The increase shall be annually calculated by the rent administrator and posted by December 1 of each year. The amount of the increase shall be routed to the nearest one quarter of one percent. In the event that the CPI decreases, no increase or decrease shall be authorized pursuant to this section. It shall not be necessary for an owner to apply or submit an application for a CPI increase. Across-the-board rent increases allowed pursuant to this section may be accumulated and implemented by the owner at any future time but not in excess of 12 months after the date so permitted and subject to the maximum limitation on increases set forth in § 152.10.
(B) Rent adjustment based on capital improve-ments.
(1) An application for a rent increase based on the cost of a completed capital improvement may be filed with the rent administrator. It shall be approved if it satisfies the definition of a capital improvement set forth in § 152.02 of this subchapter and any criteria for capital improvements adopted pursuant to regulations; provided, that any increase granted shall be amortized over the useful life of the improvement and apportioned equally among all rental spaces in the mobile home park. Any increase granted under this division shall remain in effect only during the useful life of the improvement.
(2) A rent increase application filed under this division shall be granted or denied within 30 days of receipt of a complete application and written notice of the determination by the rent administrator shall be mailed to the applicant and affected residents within that time. Written notice that an application has been determined incomplete and the reasons for that deter-mination shall be given to the applicant within 30 days of receipt of the application. A written deter-mination to grant a requested increase or a modified increase shall specify the duration and amount of the monthly rent adjustment granted. If a modified increase is granted, the written determination shall specify the reason for the modification. If an increase is denied, the written determination that the applica-tion shall be denied shall specify the reasons for the denial.
(3) A park owner may, but need not submit an application to the rent administrator for a determination whether a proposed improvement would qualify as a capital improvement adjustment under this section upon its completion. The determination by the rent administrator shall be limited to the issue of whether the work proposed constitutes a capital improvement and shall not address the amount of rent adjustment which would result from completion of the improvement. If an improvement is determined to qualify as a capital improvement under this division, the only issue to be determined when the improve-ment has been completed and an application for a rent adjustment is received shall be the amount of the adjustment provided that the improvement constructed conforms to the proposed improvement submitted to the rent administrator. Written notice of the rent administrator's determination shall be mailed to the applicant and affected resident within 30 days of receipt of a complete application. Written notice that an application has been determined incomplete shall be mailed to the applicant within 30 days of receipt of the application and shall specify the respects in which the application is incomplete.
(C) Vacancy rent adjustment. Each time a space becomes vacant or a mobile home is sold on site in a mobile home park the new mobile home park resident may be charged a one-time administra-tive fee of $25 upon moving into the park.
(D) Rent reduction based on discontinuance or reduction of a service or amenity.
(1) A park owner may reduce or dis-continue a service or amenity upon a commensurate decrease in rent provided the service or amenity is not required by other laws or to maintain health and safety and habitability standards. A park owner may not discontinue an amenity such as, but not limited to, laundry facilities if doing so would unduly burden the residents.
(2) The rent administrator shall grant, deny or modify the requested rent decrease and dis-continuance or decrease in the service or amenity within 30 days of receipt of a completed application therefore. Written notice of the determination shall be mailed to the applicant and affected residents within that time and shall specify the reasons for the determination. If an application is incomplete, written notice thereof and the respects in which the application is incomplete shall be mailed to the applicant within 20 days of receipt of the application.
(E) Appeal. Any decision of the rent admini-strator pursuant to this section may be appealed to the Commission by filing an application for appeal within 15 days of the date the rent administrator's written determination is mailed to the affected park owner and residents. Appeals shall be processed, heard and determined pursuant to the procedures in § 152.09.
('81 Code, § 8.48.070)