The cost of repairs to common areas or building systems shall be allocated to all
the low-income rental units in the building which are required to be offered for rent,
not solely to low-income rental units which are vacant or not habitable; provided
that, if the shared building systems and/or common area costs allocated to one (1)
or more units would cause those units to exceed the maximum total stated above, the
excess allocated shared costs may be reallocated among the remaining units required
to be offered for rent to the extent that such reallocation does not cause the total
repair costs of such remaining units to exceed the maximum cost stated in subsection
B of this section.
3.
The unit-specific costs of repairing low-income rental units shall be allocated to
specific units.
4.
Costs of all capital repairs shall be included in calculating the owner's maximum
contribution over a three (3) year period. The costs of ordinary maintenance shall
not be included. For the purposes of this section, all repairs which are ordered to
remedy code violations upon the first inspection of a rental unit under this chapter
shall be deemed capital repairs; during subsequent inspections capital costs for repairs
to correct code violations shall be counted only if the Director determines that such
repairs are not ordinary maintenance.
5.
Any individual unit whose total unit-specific and allocated shared repair costs exceed
the maximum allowed by this chapter shall be determined to be not feasible to repair.
D.
The owner's required contribution to the repair of a unit shall be unlimited to the
extent that the unit is not habitable because the owner has:
1.
Wilfully or wantonly failed to comply with applicable building and safety codes; or
2.