1016. Rent Level following an Owner Move-In Notice or Eviction
A. A landlord who serves a 30-Day Notice of Termination of Tenancy pursuant
to Berkeley Municipal Code section 13.76.130.A(9) for the purpose of recovering
possession of the unit for his or her own use and occupancy as a principle residence or
the principle residence of a relative may rescind the notice or stop eviction proceedings
but, if the tenant vacates within one-year of the date of service of the notice, the tenancy
is presumed to have been terminated by the owner as a result of the notice. The rental
rate for the next tenancy established
in the vacated unit shall be no more than the maximum allowed under the Rent
Ordinance for the tenant who vacated, plus any subsequent increases authorized by the
Rent Board.
B. This presumption applies even though the tenant vacates the unit after the
notice has been rescinded. A written statement from the tenant that he is leaving of his
own volition signed as part of a settlement whereby the tenant is required to vacate the
unit is insufficient to rebut this presumption.
C. A landlord may rebut the presumption by requesting a Certificate of
Permissible Rent Level and following the procedures in Regulation 1007 for challenging
the determination of the permissible rent level stated in the certificate.
D. A written or oral request from a landlord to vacate a unit so the landlord or
a relative of the landlord may occupy the unit as his principle residence shall be treated
as a Notice to Terminate Tenancy pursuant to Civil Code section 1946 for the purpose
of determining the rent level when the unit is subsequently rented.
[Effective November 19, 2001]