(6) If the maximum allowable rent specified under this Order for a rental
unit is greater than the rent specified for such unit in the rental agreement, the lower
rent specified in the rental agreement shall be the maximum allowable rent until the
rental agreement expires. 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 maximum allowable 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 orders or regulations of the Board concerning the
affected rental unit; or
(D) has failed to bring the rental unit into compliance with the
implied warranty of habitability. Such compliance means the unit substantially
complies with the City of Berkeley's building, housing and health codes which materially
affect the health and safety of tenant(s); or
(E) has failed to make repairs as ordered by the housing
inspection services of the City of Berkeley; or
(F) has failed to annually return the interest on security deposits
to the tenant(s) as required by Section 7 of the Ordinance; or