(xi) A service as defined in paragraph (3) of this subdivision for which there is or was a separate charge, shall not be subject to the provisions of this Code where no common ownership between the operator of such service and the owner exists or existed on the applicable base date, or at any time subsequent thereto, and such service is or was provided on the applicable base date and at all times thereafter by an independent contractor pursuant to a contract or agreement with the owner. Where, however, on the applicable base date or at any time subsequent thereto, there is or was a separate charge, and there is or was common ownership, directly or indirectly, between the operator of such service and the owner, or the service was provided by the owner, any increase, other than the charge provided in the initial agreement with a tenant to lease, rent or pay for such service, shall conform to the applicable rent guidelines rate. However, notwithstanding such common ownership, where such service was not provided primarily for the use of tenants in the building or building complex on the applicable base date or at any time subsequent thereto, such increases shall not be subject to any guidelines limitations.
(5) Each housing accommodation must be painted at least once every three years in compliance with title 27 of the Administrative Code of the City of New York (the Housing Maintenance Code). In no event shall a tenant be required to pay a painting deposit or to contribute to the cost of the painting except to the extent the owner agrees to provide services in connection with the painting which are not required, and the tenant consents in writing to pay therefor. Any painting deposit previously required shall be returned to the tenant on renewal of his or her lease.