This banked amount may only be given at the time of an annual increase. A full 12 months must have elapsed from the date that an annual rent increase, or a portion thereof, could have been imposed before this banking section becomes applicable. Divide the excess water use penalty charge by 2 in order to obtain the total amount permitted to be passed through to qualified tenants in the building. For the purposes of this section the number of rooms in a building shall be calculated by presuming that single rooms without kitchens are one room units, studios are two room units, one bedroom units without a separate dining room are three room units, and so on. Living rooms, dining rooms and other rooms of at least 70 square feet may be counted.
Kitchens count as a room in all cases.
Only those tenants in residency during the billing period in which the penalty was incurred may be assessed the passthrough. The amount due from the tenant for any excess water use passthrough shall be due on the same date as a rent payment normally would be due. No amount passed through to the tenant as a water use penalty charge shall be included in the tenant's base rent for purposes of calculation of the amount of rent increases allowable under the Ordinance and these Rules and Regulations. Nothing in this section or in these Rules and Regulations shall be interpreted as requiring any landlord to pass through any increase related to excess water use charges. However, the provisions of this Section shall be deemed a part of every rental agreement or lease, written or oral, for the possession of a rental unit subject to the Ordinance unless the landlord and tenant agree that the landlord will not pass through any excess water use penalty charges, in which case such agreement will be binding on the landlord and on any successor owner of the building, unless such agreement is changed in accordance with applicable law.