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22 <br /> <br />protest provisions under subsections 2 and 3 shall not apply if the Park Owner <br />submits evidence with its application that the Park Owner has: <br /> <br />a. Consulted with the Affected Mobilehome Owners prior to initiating construction of <br />the Capital Replacement project regarding the nature and purpose of the project and <br />estimated cost; and <br /> <br />b. Obtained the prior written consent of an adult household member from at least 50 <br />percent plus one of the Spaces whose Rent would be affected by the requested <br />Capital Replacement temporary Rent Increase. Evidence of such consent must be <br />presented at the time of filing the application with the City. <br /> <br />c. Provided that the two criteria listed in (a) and (b) have been satisfied, the Rent <br />Review Officer or their designee shall approve the application as submitted, and <br />shall send notice to the Park Owner and Affected Mobilehome Owners stating that <br />the application is granted and identifying the amount of the approved temporary <br />Rent Increase. Said decision by the Rent Review Officer or their designee shall be <br />final and shall not be appealable. <br /> <br />2. In the event that one adult household member from at least 50 percent plus one of <br />the affected Mobilehome Spaces protest the application in writing to the Rent <br />Review Officer within 45 days after the date the Rent Review Officer mails or <br />emails the Capital Replacement Notice to the Affected Mobilehome Owners, the <br />Rent Review Officer shall determine whether the application is complete, including <br />determining whether all applicable fees have been paid. The Rent Review Officer <br />may require additional information if the application is deemed incomplete. Upon <br />determining that the application is complete, the Rent Review Officer may retain <br />expert assistance as necessary to review the application, and may require the Park <br />Owner to pay the cost of expert assistance. The complete application shall be <br />reviewed by the Rent Review Officer, and approved, rejected or modified, pursuant <br />to this Chapter. <br /> <br />3. In the event that one adult household member from at least 50 percent plus one of <br />the affected Mobilehome Spaces whose Rent would be increased if the application <br />were approved do not protest the application in writing to the Rent Review Officer <br />within 45 days after the date the Rent Review Officer mails or emails the Capital <br />Replacement Notice to the Affected Mobilehome Owners, the Rent Review Officer <br />shall approve the application as submitted, and send a notice to the applicant and the <br />Affected Mobilehome Owners stating that the application has been granted and <br />identifying the amount of the temporary Rent Increase allowed to be charged the <br />Affected Mobilehome Owners. Said decision by the Rent Review Officer shall be <br />final and shall not be appealable. <br /> <br />F. Capital Improvements. A Park Owner shall be entitled to seek a temporary Rent Increase to <br />make a Capital Improvement only if the Park Owner submits evidence with its application that <br />the Park Owner has: <br /> <br />1. Consulted with the Affected Mobilehome Owners prior to initiating construction of <br />the project regarding the nature and purpose of the project and estimated cost; <br /> <br />2. Limited the annual increase in Rent solely attributable to Capital Improvements to <br />less than or equal to four (4) percent of the Rent for Spaces being rented by Special <br />Circumstances Households, such that the total increase in Rent inclusive of <br />720