When the written rental agreement includes periods for which the tenant pays
reduced, discounted or “free” rent, the rental agreement must include a clause
identifying what the rent ceiling will be following the expiration of the initial term of the
tenancy; or, in the case of a month to month tenancy, after the first twelve months of
the tenancy. The rent ceiling shall be calculated in accordance with the averaging
requirements as set forth in Section 1013(A) (2) herein.
This statement must be in at least fourteen point font and in close proximity to
the space reserved for the tenant’s signature.
The provisions of 1013(A) (3) described herein shall become effective for initial
rental agreements entered into no sooner than fifteen days after the date this regulation
becomes effective.
(B) Vacancy Rent Levels
(1) Commencing January 1, 1996, a landlord may establish the initial rent rate for
all new tenancies consistent with Civil Code Section 1954.50, et seq., and any Board
regulations enacted consistent therewith, except where any of the following applies:
(a) (i) The previous tenancy has been lawfully terminated by the landlord
pursuant to Civil Code Section 1946, unless the tenancy was terminated prior to
December 31, 1994 pursuant to Berkeley Municipal Code section 13.76.130A.9. in order
for the landlord to recover possession of the unit for his or her own use and occupancy
as his or her principal residence or for use and occupancy as a principal residence by
the landlord’s spouse, child or parent and the landlord or relative thereafter resided
continuously at the unit for at least two years; or