Berkeley Rent Bd. Reg. § 1126

1126. ANNUAL GENERAL ADJUSTMENT ORDER FOR 2004

       (A)     In accordance with Section 11 of the Rent Stabilization and Eviction for
Good Cause Ordinance as amended and Board Regulation 1100, the Rent Stabilization
Board hereby adjusts the Year 2004 Rent Ceilings (exclusive of temporary increases in
rent ceilings such as capital improvements) for rental units covered by the Ordinance as
follows:

              (1)     For rental units for which an Initial Rent was established pursuant
       to the Costa-Hawkins Rental Housing Act between January 1, 1999, and
       December 31, 2002, rent ceilings shall be adjusted upwards by 1% plus an
       additional $3;

                (2)   For all other rental units, except those rental units for which an
       Initial Rent was established pursuant to the Costa-Hawkins Rental Housing Act
       on or after January 1, 2003, rent ceilings shall be adjusted upwards by 1.5% plus
       an additional $3.

The Year 2004 Rent Ceiling is defined as the Base Rent Ceiling established in Section 10
of the Ordinance, or, for units where an Initial Rent was established between January 1,
1996 and December 31, 2002, the last Initial Rent established pursuant to the Costa-
Hawkins Rental Housing Act, plus any adjustment of the Base Rent Ceiling granted by
the Board.

       (B)    The adjustments granted by this Order shall become effective on January
1, 2004, provided the landlord is otherwise entitled to the adjustment pursuant to the
provisions of the Ordinance and this Order. The rent ceiling adjustment granted herein
shall not apply to the rent ceiling of any rental unit for which an Initial Rent was
established pursuant to the Costa-Hawkins Rental Housing Act on or after January 1,
2003.

      (C)     Rent Ceilings adjusted pursuant to this Order may not be rounded to the
nearest dollar amount.

       (D)     The upward general adjustment granted in this Order does not
automatically provide for a rent increase. Rent increases pursuant to this Order shall
become effective only after the landlord gives the tenant(s) at least thirty (30) days’
prior written notice of such rent increases and the notice period expires.

Each notice to a tenant of a rent increase pursuant to this Order shall be in the following
form and contain the following information:


                           Thirty-Day Notice of Rent Increase

This notice is provided pursuant to the 2004 Annual General Adjustment (AGA) Order of
the Rent Stabilization Board.

Tenant's name:

Street address:                                        Unit No.

The present rent on your unit is $                          per month.

       [The 2004 AGA Order adjusts 2003 rent ceilings by 1% plus an additional $3 for
       rental units with tenancies that began between January 1, 1999, and December
       31, 2002, and by 1.5% plus an additional $3 for rental units with tenancies that
       began prior to 1999]

Your rent will increase by $_____ pursuant to the 2004 AGA Order.

Your new rent will be $               per month beginning                     . (This date
must be at least 30 days after service of the Notice of Rent Increase.)

NOTICE: Landlords may not evict tenants except for good cause after legal notice as
provided in the Rent Stabilization Ordinance. The mere expiration of the lease does
not automatically terminate a tenancy under the Berkeley Ordinance.

Advice concerning this Notice and the rental history of the unit is available from the
Rent Stabilization Board Public Information Unit, 2125 Milvia Street, Berkeley, CA 94704,
9:00 a.m. - 4:30 p.m., Monday, Tuesday, Thursday and Friday and 12:00 p.m. - 6:30 p.m.
on Wednesday, (510) 644-6128.

                                          _______________________________
             Date                                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

              (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, 2003, for which the landlord fails to register. A landlord who is ineligible to raise rents
under this general adjustment due to a violation of one or more of the conditions of
subsection (G) shall be able to raise rents under this adjustment in future years upon
correction of the condition and substantial compliance with the Ordinance in
accordance with Civil Code section 1947.7.