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Landlord submits documentation showing the date, time and nature of the <br />work performed. There shall be a maximum allowed under this provision of <br />five percent of gross income unless the Landlord shows greater services were <br />performed for the benefit of the Tenants. <br />d.Real property taxes and assessments. <br />e.Reasonable costs of operation and maintenance including, but not limited to, <br />costs associated with repairs mandated by law. <br />f.Insurance costs to the extent they are not paid by the Tenants. <br />2. Operating expenses shall not include the following: <br />a. Mortgage principal or interest payments or other debt service costs or lease <br />payments. <br />b. Any penalties, fees or interest assessed or awarded for violation of any <br />provision of this Chapter or of any other provision of law. <br />c. Legal fees except attorneys’ fees and costs incurred in connection with <br />successful good-faith attempts to recover Rent owing, successful good-faith <br />unlawful detainer actions not in derogation of applicable law, and legal <br />expenses necessarily incurred in dealings with respect to the normal operation <br />of the property to the extent such expenses are not recovered from adverse or <br />other parties. Attorneys’ fees incurred in relation to this section are not <br />allowable as operating expenses. <br />d.Political contributions. <br />e.Any expenses for which the Landlord has been or will be reimbursed by any <br />discount, security deposit, insurance payment or settlement, judgment for <br />damages, settlement or any other method or device. <br />f.Avoidable and unnecessary expense increases since the base year. <br />g.Depreciation. <br />h. Expenses which are excessive in relation to the customary and reasonable <br />costs of such items. <br />i.The costs of capital improvements associated with the purchase and/or <br />installation of separate meters or service unless the Landlord can demonstrate <br />that such improvements benefit the Tenants. <br />G.Determination of Fair Return Rent increase. <br />1.After the hearing, the Hearing Officer shall set the Fair Return Rent increase in <br />the amount required to provide the Landlord with a Fair Return. <br />2. In determining the Fair Return Rent increase required to provide the Landlord <br />with a Fair Return, the following shall be determined: <br />a. The Fair Return in accordance with subsection 4-46-130; <br />b. The gross income required to produce the Fair Return; <br />c. The Rent increase needed to produce the required gross income. <br />4-46-135 Decrease in Housing Services <br />A.A decrease in Housing Services for a Rental Unit, without a corresponding reduction <br />in Rent, is considered an increase in Rent. If a Tenant believes that the Landlord has <br />Exhibit A <br />Ordinance No. 2026-001 Page 10