Each notice to a tenant of a rent increase pursuant to this Order shall include the
landlord's written certification that he or she is in compliance with the provisions of this
Order and the Ordinance. THE NOTICE AND CERTIFICATION SHALL BE ON A FORM
APPROVED BY THE BOARD.
(5) 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.
(6) If the maximum allowable rent specified under this Order for a rental unit
is greater than the rent specified for such unit in the rental agreement, the lower rent
specified in the rental agreement shall be the maximum allowable rent until the rental
agreement expires. If the maximum allowable rent specified under this Order for a
rental unit is less than the rent specified for such unit in the rental agreement the lower
rent specified under this Order shall be the maximum allowable rent.
(7) No rent increase pursuant to this Order shall be effective if the landlord:
(A) has failed to register the unit in accordance with Section 8 of the
Ordinance and/or orders or regulations of the Board; or
(B) demands, accepts, receives or retains any payment in excess of the
maximum allowable rent for the unit permitted by the Ordinance; or
(C) has failed to comply, after order of the Board, with any provisions of
the Ordinance and/or orders or regulations of the Board; or
(D) has failed 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); or