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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)

Citation
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Parent Document
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (1976)
Jurisdiction
California (state)
Effective Date
1976-06-16

Other Sections in This Document (374)

Full Text

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Any landlord who petitions the Board for an upward rent adjustment shall file with such petition a certification from the City of Berkeley Building Inspection Service which states that the premises in question are in full and complete compliance with the applicable State of California Health and Safety Codes and the City of Berkeley Housing Code based on an inspection made no more than six months prior to the date of the landlord’s petition. Such certification shall be prima facie evidence of the nonexistence of Code violations, rebuttable by other competent evidence introduced by the tenant, certification notwithstanding. The Board may refuse to grant an upward adjustment if it determines that the rent-controlled unit in question does not comply with the requirements of the aforementioned Codes and if it determines that such lack of compliance is due to the landlord’s failure to provide normal and adequate housing services. 6. Maximum Rent Adjustment Hearings: