Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 42 - Ted Stevens Anchorage International Airport and Fairbanks International Airport › Article 2 - Authorization for Use of International Airport Property › 17 AAC 42.297 - Rent adjustment protest

Current through May 31, 2024
(a) If a lessee,
				permittee, or concessionaire believes a rent adjustment the airport manager has
				implemented as to the lessee, permittee, or concessionaire under
				17 AAC 42.295 is not allowed by
				under 17 AAC 42.295 or any other law,
				the lessee, permittee, or concessionaire may protest the rent adjustment under
				this section. Except when the person protesting the rent adjustment is an
				agency of the federal government, the person must begin to pay the adjusted
				rent as of the effective date stated in the airport manager's rent adjustment
				notice and continue to pay the adjusted rent throughout the protest process.
				Failure to pay the adjusted rent on time while the protest is pending will
				constitute abandonment of the protest.
(b) A rent adjustment protest must be in
				writing and received by the airport manager within 60 days after the date the
				manager mails or delivers the notice of rent adjustment to the lessee,
				permittee, or concessionaire under
				17 AAC 42.295.
(c) The protester must submit a written
				appraisal of fair market rent to support a claim that the adjusted rent exceeds
				fair market rent. The protest must include the name, address, telephone number,
				and qualifications of the appraiser whose appraisal of the premises the
				protester intends to use. The appraiser must be certified under AS 08.87 as a
				general real estate appraiser.
(d)
				The protester's appraiser must carry out the appraisal in accordance with
				instructions prepared by the airport manager consistent with generally accepted
				appraisal industry practices. The appraiser or the protester must submit the
				appraiser's completed written appraisal to the airport manager within 180 days
				after the date the airport manager mails or delivers the manager's appraisal
				instructions to the protester, unless the manager grants an extension of time
				for good cause shown by the protester.
(e) The airport manager shall review the
				appraisal for conformance with the appraisal instructions and either approve or
				not approve the appraisal. The manager shall also review and consider any claim
				stated in the protest that the rent adjustment is not allowed by any other
				provision of
				17 AAC 42.295 or other law. The
				manager shall prepare and mail or deliver a copy of the manager's written
				decision to the protester.
(f) If
				the airport manager approves the appraisal, the fair market rent stated in the
				appraisal becomes the rent for the protester's lease, permit, or concession,
				effective on the date of the rent adjustment. If the fair market rent stated in
				the appraisal is less than the rent paid by the protester under the airport
				manager's rent adjustment under
				17 AAC 42.295 or other law, the
				manager shall refund the amount of the overpayment.
(g) If for any reason the airport manager
				concludes that the adjusted rent does not conform to a provision of
				17 AAC 42.295, the manager shall
				readjust the rent as necessary to bring it into conformity with the
				requirements of that section and refund to the protester the amount of any
				overpayment. However, if the lease, permit, or concession is for a
				nonaeronautical use and the original rent was established by competitive award,
				the rent may not be reduced below the rate established when the lease, permit,
				or concession was originally awarded.
(h) If the airport manager does not approve
				the appraisal or other aspects of the protest, the manager's written decision
				constitutes a denial of the protest. The decision must state the reason the
				manager did not approve the appraisal or other claims.
(i) A protester may appeal the airport
				manager's decision denying the protest in accordance with
				17 AAC 42.920. The protester's
				obligation under (a) of this section to pay the adjusted rent continues
				throughout the appeal process.
Authority:
AS
					 02.15.020
AS 02.15.060
AS 02.15.070
AS 02.15.090
AS
					 02.15.200