Section 7.15 Tenant Objections

(Amended March 21, 1989)

(a) Tenant objections may be on the basis that the work claimed to be performed was not performed, that the work performed was necessitated by the current landlord's deferred maintenance resulting in a code violation, that the costs claimed are not true or reasonable costs, or some other reasons. The tenant shall include as much documentation to support the objection as the tenant has reasonably available.

(b) Allowance for the cost of equipment, fixtures, and improvements in an individual unit shall not be made if the tenant has objected to the installation unless the landlord can establish that the existing equipment, fixtures, or improvements need replacement for reasons of health or safety or because of excessive maintenance cost. The tenant shall have the right to raise these objections at the hearing when the landlord seeks to have the capital improvements certified.

(c) The cost of "luxury" items in common areas of a building shall not be certified where a tenant has objected at the hearing to the installation unless the landlord can establish that the items were required for reasons of health and safety or excessive maintenance costs, that the items needed to be replaced and the replacement items were of equivalent quality to the items being replaced, that the building is and has been a "luxury" market building, or other extraordinary circumstances.

The type of "luxury" items disfavored would be those that are not in keeping with the socioeconomic status of the building's existing tenants and the quality and condition of the building at the time the existing tenants rented their units. Disfavored luxury items would be those that are intended to change the building's style to appeal to a wealthier class of tenants.

Where the Board finds that an item's cost is substantially excessive, but that the item itself is a reasonable improvement, then the Board shall approve a reduced cost that it finds to be reasonable. The tenant shall have the right to raise these objections at the hearing when the landlord seeks to have the capital improvements certified.