(ii) The previous tenancy has been lawfully terminated upon a change in
terms of tenancy noticed pursuant to Civil Code Section 827, except a change permitted
by law in the amount of rent or fees or resulting from the owner’s termination of or
failure to renew a contract or recorded agreement with the Berkeley Housing Authority
or any other governmental agency that provided for a rent limitation to a qualified tenant
of the unit. A tenancy shall be presumed to have terminated upon a change in terms of
tenancy if the tenant(s) vacate(s) the rental unit within twelve months of the landlord’s
unilateral change in the terms of the lease. Absent a showing by the landlord that the
tenant(s) vacated for reasons other than the change in the terms of the lease, the initial
rental rate for the new tenancy shall be no greater than the most recent rent ceiling
(prior to the new tenancy).
(b) The new tenancy began within three years of the date that the owner
terminated or failed to renew a contract or recorded agreement with the Berkeley
Housing Authority or any other governmental agency that provided for a rent limitation
to a qualified tenant of the unit, unless, for tenancies established after January 1, 2000,
the new tenancy is exempted from this limitation pursuant to Civil Code Section
1954.53(a)(1)(B). During the three year period, the rental rate for any new tenancy
established in that vacated unit shall be at the same rate as under the terminated or
nonrenewed contract or recorded agreement, increased by any subsequently authorized
Annual General Adjustments.