Application for increase above guideline
13. (1) A landlord may apply to a Chief Rent Officer for an order increasing the maximum rent for any or all of the rental units in a residential complex by more than the guideline. Grounds for application (2) An application under this section may be based on any one or more of the grounds set out in sections 14 to 18. Idem (3) A rent officer shall not consider a matter set out in section 14, 15, 16, 17 or 18 if it is not specifically set out as a ground in the application. When application made (4) An application under this section shall be made at least ninety days before the effective date of the first intended rent increase referred to in the application. Idem (5) A rent officer shall not consider an application under this section if, (a) amounts have been ordered to be carried forward respecting all of the rental units in the residential complex in a previous order under section 21; (b) the landlord may file a notice of intent under section 22 respecting those amounts; (c) a notice of carry forward under that section would permit the landlord to increase the maximum rent for each rental unit by the sum of the guideline and 3 per cent; and (d) the effective date of the rent increase for any rental unit under the notice of carry forward would be within the twelve-month period following the first effective date set out in the application under this section. Idem (6) No application shall be made under this section if the effective date for a rent increase for any rental unit in the application would be less than twelve months after the last rent increase for that rental unit. All units considered (7) In an application under this section, the rent officer shall determine the maximum rent and the date the maximum rent takes effect for all of the rental units during the twelve-month period following the effective date of the first rent increase applied for, even if those units are not the subject of tenancy agreements at the time of the application. Matters to be considered (8) Before making an order on an application under this section, the rent officer shall consider any one or more of the following: 1. Whether the previous maximum rent should be reduced because of an inadequate standard of maintenance or repair of the residential complex or of a rental unit in it. 2. Whether the previous maximum rent should be reduced because of a discontinuance or reduction in the services or facilities provided in respect of the residential complex or a rental unit in it. 3. Whether the amount of the increase should be decreased or the maximum rent reduced because of an extraordinary decrease in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. Consider increase (9) If the rent officer decides that the amount of the increase should be decreased or the maximum rent reduced because of an extraordinary decrease in operating costs, the rent officer shall also consider any evidence provided by the landlord concerning an extraordinary increase in operating costs for municipal taxes, hydro, water or heating for the whole residential complex. 1992, c. 11, s. 13 (1-9). Failure to file information (10) A rent officer shall not make an order that increases the maximum rent for a rental unit in a residential complex if, (a) the statement of rent information required under section 104 has not been filed, if the residential complex is not a care home; (a.1) the statement of care home information required under section 104.1 has not been filed, if the residential complex is a care home; or (b) the landlord has been required to file information under section 107 or 108 and has not done so. 1992, c. 11, s. 13 (10); 1994, c. 2, s. 15.