(11) no owner shall be eligible for the rent increase based on individual apartment improvements pursuant to this subparagraph if, within the five-year period prior to filing such individual apartment improvement, any unit within any building owned by any owner of the building in which the unit for which the owner seeks an individual apartment improvement is located, including but not limited to partial or beneficial owners, has been the subject of an award or determination by the division of housing and community renewal or a court of competent jurisdiction for treble damages due to an overcharge or the owner of the building in which the unit is located has been the subject of an award or determination by the division of housing and community renewal or a court of competent jurisdiction for harassment of any tenants, provided that such owner shall provide an affidavit confirming such owner's eligibility under this clause to the division of housing and community renewal at the same time as, and in addition to, any other materials the division of housing and community renewal shall require an owner to submit pursuant to clause six of this subparagraph, and provided further that such affidavit shall not be deemed to be evidence of compliance with this clause or a defense in any subsequent rent overcharge proceeding, determination, or audit.