Section 5.13 Imposition of Rent Increases Granted by the Administrative Law Judge

(Subsection (a) renumbered April 25, 1995, effective February 1, 1995; Subsection (b) added April 25, 1995, effective February 1, 1995)

(a) Once a completed petition has been filed, the landlord may serve a legal notice of the proposed rent increase. That portion of the requested rental increase which exceeds the limitations set forth in Section 4 above shall be inoperative until a decision by the Administrative Law Judge is rendered. A landlord may choose instead not to serve legal notice of a proposed rent increase until after the decision of the Administrative Law Judge is rendered. In any event, except in extraordinary circumstances as determined by the Board, no rent increase granted by the Administrative Law Judge shall become effective until the tenant's anniversary date. For example:

(1) Tenant's anniversary date is June 1, landlord seeks to impose a rent increase exceeding the limitations set forth in Part 4 above on that date. Landlord files a petition during the month of April and on May 1, gives tenant legal notice of the rent increase. That portion of the increase which exceeds the limitations is inoperative until the Administrative Law Judge renders his or her decision on June 15. The requested increase is granted effective as of June 1. The tenant is ordered to pay the increase as well as the amount owing, on July 1.

(2) Tenant's anniversary date is June 1, and on that date, tenant received a 4 percent rent increase. On August 10, landlord files a petition seeking approval to impose a rent increase based upon increased costs. A hearing is held October 1, and the requested increase is approved on October 15, landlord gives legal notice on April 1, of the approved rent increase to take effect on June 1.

(b) The landlord need not impose a rent increase (including a certified capital improvement) on the first opportunity after it is granted. Rather, the landlord may impose all or a portion of any such rent increase at a later date upon giving proper notice.