(5) Landlords are not required under the Ordinance and/or this Order to
increase rents at all or by the full amount of the general adjustment granted in this
order.
(6) If the maximum allowable rent specified under this Order for a rental unit
is greater than the rent specified in such unit in the rental agreement, the lower rent
specified in the rental agreement shall be the lawful rent until the rental agreement
expires and the tenant is given thirty days written notice of a rent increase. If the
maximum allowable rent specified under this Order for a rental unit is less than the rent
specified for such unit in the rental agreement, the lower rent specified under this Order
shall be the lawful rent.
(7) No rent increase pursuant to this Order shall be effective if the landlord:
(A) has failed to register any rental unit on the property in accordance
with Section 8 of the Ordinance and/or orders or Regulations of the Board; or
(B) demands, accepts, receives or retains any payment in excess of the
maximum allowable rent for the unit permitted by the Ordinance; or
(C) has failed to comply, after order of the Board, with any provisions of
the Ordinance and/or regulations of the Board concerning the affected rental unit;
(D) has failed to bring any rental unit into compliance with the implied
warranty of habitability. Such compliance means the unit substantially complies with
City of Berkeley's building, housing and health codes which materially affect the health
and safety of tenant(s);
(E) has failed to make repairs as ordered by the housing inspection
services of the City of Berkeley;