the Department. d. That on or after the effective date of this amendment, the landlord has completed Seismic Retrofit Work and any Related Work in conformance with a Tenant Habitability Plan accepted or waived by the Department and has not increased the rent to reflect the cost of such improvement. For the purposes of this provision, any portion of the Seismic Retrofit Work and Related Work paid for with public funds is not eligible for this monthly rent increase until the landlord is immediately obligated to repay the public funds. If the Department so finds, the landlord shall be entitled to a temporary monthly rent surcharge that shall be 50% of the Average Per Unit Seismic Retrofit Work Cost amortized over 120 months in accordance with a term schedule established by the Commission and an interest rate corresponding to the monthly composite rate for average yields from the sale of ten-year constant maturity U.S. government securities plus one full percentage point; provided, however, that any rent adjustment for Seismic Retrofit Work granted by the Department shall terminate after ten (10) years. Except that a temporary monthly rent surcharge shall not exceed $38.00 per month for each rental unit unless agreed upon in writing by and between a landlord and a tenant. If the temporary monthly rent surcharge, as calculated under the above formulas, would exceed $38.00 per month, then the temporary monthly rent surcharge period of ten (10) years may be extended until the allowable Seismic Retrofit Work expenses are recovered. This temporary monthly rent surcharge shall not be included as part of the Maximum Adjusted Rent for purposes of calculating the automatic rent adjustment pursuant to Subsection D. of Section 151.06. For the purposes of this provision, costs associated with Seismic Retrofit Work shall include the documented incurred costs for Seismic Retrofit Work, Related Work, and temporary relocation of tenants undertaken in accordance with an accepted Tenant Habitability Plan.