3. A tenant or group of tenants currently residing in Berkeley receives
written certification by the Building Official, Fire Marshal, or their
designee, that as a matter of public health and safety and/or as a matter
of habitability, the tenant’s rental unit is in such unsafe or unhealthy
condition following a fire, earthquake, landslide, or similar local
emergency that the tenant cannot or should not reside in the affected
rental unit until it has been appropriately repaired.
(C) When the Board is not in session or is otherwise unavailable, the Executive
Director, or his or her designee, may intervene on the Board’s behalf without prior Board
approval, to issue an order temporarily invoking the provisions of this regulation on a
form provided by the Board. The order shall detail the nature of the disaster, refugee
crisis, or local emergency, and the need for immediate action. The order shall have the
same effect as the Board’s invocation of the provisions of this regulation as outlined in
Paragraph (B), and shall remain in effect until the Board next meets and is able to vote
on the matter. The Executive Director or his or her designee shall notify the Board Chair
and Vice Chair in writing that an Executive Order under this regulation was issued, and
shall attach a copy to the communication.