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23 <br /> <br />approved Capital Improvements is limited to eight (8) percent per year for Special <br />Circumstances Households; and <br /> <br />3. 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 Improvement temporary Rent Increase. Evidence of such consent must be <br />presented at the time of filing the application with the City. <br /> <br />Provided that the above three criteria have been satisfied, the Rent Review Officer shall <br />approve the application as submitted, and shall send notice to the applicant Park Owner and <br />Affected Mobilehome Owners stating that the application is granted and identifying the amount <br />of the approved temporary Rent Increase. <br /> <br />G. No temporary Rent Increase granted pursuant to this Section shall become effective until the <br />first full calendar month following the filing by the Park Owner of a notice of completion of the <br />Capital Improvement or Capital Replacement project with the Rent Review Officer, and <br />determination by the City that the work was completed in accordance with the Rent Increase <br />approval. A Rent Increase approved pursuant to this Section shall be itemized separately on the <br />rental billing provided to the Affected Mobilehome Owners and shall terminate upon the <br />conclusion of the approved amortization period. <br /> <br />H. Nothing in this Section shall prevent the Park Owner from making emergency Capital <br />Replacements required as a result of a disaster or other emergency event to preserve or secure <br />the health, safety, or welfare of persons or property. In such event, the Park Owner may make <br />limited and reasonable Capital Replacements required to protect the public health and safety <br />and to limit further damage to the Park, and to thereafter or simultaneously seek a Rent <br />adjustment for such Capital Replacement pursuant to this section. <br /> <br />[4-39-232] Rent Reduction for Service Reduction. <br /> <br />Rent may be reduced and/or refunded if a Service Reduction results in the reduction in the Mobilehome <br />Owners’ enjoyment of their Mobilehomes. <br /> <br />A. Filing and Processing a Service Reduction Application. A Service Reduction application must <br />be signed by at least one adult Mobilehome Owner from each of twenty-five percent (25%) <br />plus one of the Spaces subject to this Chapter. <br /> <br />B. If the Rent Review Officer, or Hearing Officer on appeal, finds that a material Service <br />Reduction has occurred, the Rent Review Officer, or Hearing Officer on appeal, shall <br />determine the resultant percentage reduction in the Mobilehome Owners’ enjoyment due to <br />the Service Reduction. Rent shall be reduced by that percentage or amount. In addition, the <br />Mobilehome Owners shall be entitled to, and the Rent Review Officer, or Hearing Officer on <br />appeal, shall award a rebate in the amount of the monthly Rent reduction multiplied by the <br />number of months between the date the Mobilehome Owners notified the Park Owner of the <br />reduction in service and the date the Rent Review Officer, or Hearing Officer on appeal, <br />determined the Rent reduction. Any rebate authorized pursuant to this section may be <br />amortized over a maximum five year period, and bear the Interest Allowance for Amortized <br />Expenses. In the event the Park Owner was not notified of the Service Reduction by the <br />Mobilehome Owners or applicant and the Park Owner did not know nor should have known <br />that the Service Reduction occurred prior to the filing of the application, no rebate shall be <br />awarded. If a preponderance of the evidence proves that the Park Owner knew or should have <br />known of the Service Reduction, a rebate shall be awarded and calculated from the date that <br />the Park Owner knew or should have known of the start of the reduction. <br /> <br />721