(2) demands, accepts, receives or retains any payment in excess of the
maximum allowable rent for the unit permitted by the Ordinance; or
(3) 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
(4) 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
(5) has failed to make repairs as ordered by the housing inspection
services of the City of Berkeley.
(H) The amount of this general adjustment for which the landlord shall be eligible
shall decrease by ten percent (10%) per month for each month beyond October 1, 1994
for which the landlord fails to register.
(I) A landlord who is ineligible to raise rents under this general adjustment for an
entire calendar year shall be able to raise rents under this adjustment in future years
upon compliance with Board Regulation 1278 or 1278.