Upon inspection, if the Director determines the unit meets the requirements of subsections
22.214.050.L and 22.214.050.M or that the conditions violating subsections 22.214.050.L
and 22.214.050.M were caused by the tenant, the housing costs increase shall take
effect on the date specified in the notice of the housing costs increase.
5.
If the Director determines that the unit does not comply with the checklist prescribed
by subsection 22.214.050.L and the weighted requirements of subsection 22.214.050.M,
the housing costs increase shall not take effect until the Director determines that
the housing unit complies with the checklist and the weighted requirements of subsection
22.214.050.M. This determination must occur before the tenant may lawfully refuse
payment of the housing cost increase.
6.
If a tenant pays the increased housing costs prior or subsequent to a determination
by the Director that the housing unit does not comply with the checklist and the weighted
requirements of subsection 22.214.050.M, the owner shall refund to the tenant the
amount by which the housing costs paid exceeded the amount of housing costs otherwise
due, or provide a credit in that amount against the tenant's housing costs for the
next rental period. The refund or credit shall be prorated to reflect the period that
the housing unit was determined to be in compliance with the checklist and the weighted
requirements of subsection 22.214.050.M. If the owner elects to provide a refund rather
than provide a credit, the refund shall be paid to the tenant before the beginning
of the next rental period. When calculating a pro-rata amount to be credited or refunded,
a 30-day month shall be used.
7.