(1) For purposes of this Regulation, a single family residence is defined as a
unit that is alienable separate from the title to any other dwelling unit or is a subdivided
interest in a subdivision as specified in subdivision (b), (d) or (f) section 11004.5 of the
Business and Professions Code.
(2) Commencing January 1, 1996, with regard to a single-family residence
that has not been rented since May 31, 1980, the landlord may establish the initial and
all subsequent rental rates for all new tenancies.
(3) Commencing January 1, 1996, the landlord may establish the rent level for
a new tenancy in a single-family residence consistent with subsection (B) of this
regulation.
(4) Commencing January 1, 1999, the landlord may establish the initial and
all
subsequent rental rates of a single-family residence for all new tenancies except where:
(a) The preceding tenancy has been terminated by the landlord by
notice pursuant to Section 1946 of the Civil Code or has been terminated upon the
change in terms of tenancy noticed pursuant to Section 827 of the Civil Code.
(b) The landlord has otherwise agreed by contract with the City of
Berkeley or any other public entity to limit or otherwise restrict rent levels in
consideration for a direct financial contribution or any other forms of assistance
specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of title 7 of the
Government Code.
(c) The dwelling or unit contains serious health, safety, fire or building
code violations, excluding those caused by disasters, for which a citation has been
issued by the appropriate governmental agency, and which citation has remained
unabated for six months or longer preceding the vacancy.