The provisions as set forth in this article shall be known and defined as "limited vacancy decontrol."
A. 
Notwithstanding any limitations upon permissible rent increases set forth in any other provision of this chapter, vacant housing space, as defined in § 189-2, may be rented by the landlord at a rate the landlord deems appropriate but only to the extent otherwise permitted by, and as otherwise set forth in, the other provisions of this article.
[Amended 8-27-2013 by Ord. No. 1313]
B. 
Once vacant housing space has been rented again, the new rent will become the legal base rent from which increases thereafter will be determined, and the landlord shall immediately be subject to all of the other terms and provisions of this chapter with respect to such dwelling unit, including but not limited to limitations upon the maximum amount of increases of rent, unless and until such housing space shall again become vacant.
C. 
The limitations of this section shall not apply to any vacant housing space which is rented by a tenant who rented any other housing space from the same landlord immediately prior thereto. Accordingly, such housing space shall continue to be subject to all terms and provisions of this chapter. For the privilege of moving from housing space occupied by a tenant to another housing space owned by the same landlord, the landlord may charge the tenant a transfer fee, which fee shall approximate the landlord's costs for preparing the unit of housing space into which the tenant shall move, provided that such transfer fee shall not exceed one month's rent of the unit of housing space into which the tenant shall move.
A. 
In order for the landlord to qualify for a limited vacancy decontrol rent increase, the landlord shall file with the Rent Control Board Secretary a written statement, signed by the vacating tenant, certifying to the Board that the landlord has not, in any way, harassed or pressured the tenant into vacating the housing space and that the vacation of such housing space was a voluntary act on the part of the tenant. The certification required by this section shall not be required in order for the landlord to qualify for the limited vacancy decontrol increase if:
(1) 
The increase does not exceed the total of all permissible increases authorized by any other provisions of this chapter;
(2) 
The tenant has moved from the housing space without notice to the landlord;
(3) 
The housing space has been vacated pursuant to a judicially mandated eviction; or
(4) 
The tenant has refused to sign such certification, and, upon appeal to the Rent Control Board by the landlord, the Board has found that such refusal was unwarranted and that no coercion was exerted by the landlord upon the vacating tenant.
B. 
Upon the subsequent rental of any housing space vacated in accordance with this article, the landlord shall file a sworn statement with the Board certifying as follows:
(1) 
The housing space (unit) and building numbers or designations of such housing space;
(2) 
The monthly and/or term rent paid by the vacating tenant;
(3) 
The maximum rent increase which would be permissible under any other provision of this chapter;
(4) 
The number of days such housing space remains vacant;
(5) 
The rent agreed to by the new tenant for such apartment (a complete copy of the lease shall be attached to the statement); and
(6) 
The vacation of such housing space was the voluntary act of the vacating tenant and that such vacation was not the result of the landlord's harassment or pressure upon such vacating tenant (a signed statement from the vacating tenant setting forth same shall be attached).
In the event a tenant refuses to sign the certification required by § 189-19A above, the landlord may file an appeal and/or the tenant may file a complaint with the Rent Control Board for a determination of whether the tenant's vacation of a dwelling unit was voluntary. An appeal or complaint pursuant to this section shall be filed, served and heard in accordance with the provisions of Article VII of this chapter.
A. 
The Rent Control Board Secretary shall submit monthly reports to the Board summarizing the housing space vacated during each month and the differences, if any, between the permissible rent increases in rent due to the application of this article. Such monthly reports shall also include a statement of the number of complaints received by the Board from any tenant as pertains to that tenant's housing space wherein any such tenant has alleged coercion by the landlord for the purpose of forcing such tenant to vacate housing space.
B. 
The landlord shall not be permitted to avail himself of these limited vacancy decontrol provisions if the landlord has not filed and posted a current maintenance schedule for the dwelling and/or is not in substantial compliance with all other provisions of this chapter and all other applicable federal, state or local laws, rules, regulations and/or ordinances respecting the operation, maintenance and control of rental housing.