(2) Rent ceilings adjusted pursuant to this Order may be rounded to the
nearest dollar amount.
(3) 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 after the landlord gives the tenant(s) at least thirty (30) days prior
written notice of such rent increases and such rent increases and the notice period
expires.
(4) 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.
(5) No rent increase for a rental unit pursuant to this Order shall become
effective if the landlord has continued to:
(A) fail to register the unit in accordance with Section 8 of the
Ordinance and/or orders or regulations of the Board.
(B) demand, accept, receive or retain any payment in excess of the
maximum allowable rent for the unit permitted by the Ordinance;
(C) fail to comply, after order of the Board, with any provisions of the
Ordinance and/or orders or regulations of the Board;
(D) fail to bring the 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 affect the health and safety of
tenant(s).