22.210.136 - Rent increase to avoid application of Chapter 22.210
A.
No owner may increase rent for the purpose of avoiding the application of this Chapter 22.210.
B.
If a tenant has received notice of a rent increase of ten percent or more over the
periodic or monthly rental rate charged the same tenant for the same housing unit
and same services for any period or month during the preceding 12 months that the
tenant believes is for the purpose of avoiding the application of this Chapter 22.210, and the tenant makes a complaint to the Director within one year of receiving the
notice of the rent increase, the owner shall, within ten days of being notified by
the Director of the complaint, complete and file a certification with the Director
stating that the rent increase is not for the purpose of avoiding the application
of this Chapter 22.210. The failure of the owner to complete and timely file the certification is a defense
for the tenant in an eviction action based upon the tenant's failure to pay the increased
rent.
C.
Regardless of whether a certification is timely filed, the Director may investigate
the complaint and decide whether the rent increase was made for the purpose of avoiding
the application of this Chapter 22.210. A decision by the Director that the rent increase was made for the purpose of avoiding
the application of this Chapter 22.210 constitutes a finding that the owner violated subsection 22.210.136.A.
D.
There is a rebuttable presumption the rent increase was made for the purpose of avoiding
the application of this Chapter 22.210 and the owner violated subsection 22.210.136.A if:
1.