If the tenant in qualifying rental unit is subject to a change in the Family Share for
reasons not related to a landlord’s petition under this section, the rental unit shall still be
eligible for a rent ceiling increase.
(3) The rental unit is in compliance with the implied warranty of habitability. Such
compliance means the unit substantially complies with:
(a) Housing Quality Standards, as defined in 24 CFR 982.401 and 24 CFR
981.301.
(b) the City of Berkeley's building, housing and health codes which
materially affect the health and safety of tenant; and
(c) applicable state law, including but not limited to Civil Code section
1941.1 and Health and Safety Code section 17920.3.
(4) The landlord is in full compliance with the registration requirements as
defined in Berkeley Municipal Code section 13.76.080 and corresponding regulations
for all Berkeley rental property subject to the Ordinance. A landlord is not in compliance
with registration requirements for purposes of this section if the landlord is delinquent
on registration fees or penalties for any property in the City of Berkeley.
(5) The tenant has not brought a civil action under Berkeley Municipal Code
section 13.79.060.H.1 that alleges the landlord has violated Berkeley Municipal Code
section 13.79.060.C and which remains pending at the time of the filing of a petition
under this section; nor has a court issued a judgment finding the landlord violated
Berkeley Municipal Code section 13.79.060.C.
(C) Petition and Process.