Dated: __________________ Landlord/Manager ____________________________________
(E) 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.
(F) 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.
(G) No rent increase pursuant to this Order shall be effective if the landlord:
(1) 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, including the
requirement to file a vacancy registration form at the beginning of a new tenancy
commencing on or after January 1, 1996; or
(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