(E) has failed to make repairs as ordered by the Housing Inspection
Services of the City of Berkeley; or
(F) has failed to place security deposits in an interest-bearing account
as required by Section 7 of the Ordinance or has failed to annually return the interest to
the tenants as required by Section of the Ordinance.
(8) If the landlord has failed to register completely by September 1, the
amount of this general adjustment for which the landlord shall be eligible shall decrease
by ten percent (10%) per month for each month beyond December 1 for which the
landlord fails to register.
(9) A landlord who ineligible to raise rents under this general adjustment for
an entire calendar year shall not be eligible to raise rents under this general adjustment
in future years.
(10) Should any expense component underlying this general adjustment be
finally declared invalid by a court of competent jurisdiction, the amount of this
adjustment and the Rent Ceilings established pursuant thereto shall be reduced by the
percentage increase attributable to said expense component. The Board shall, by
regulation, specify the time and manner of any such reduction so as to implement this
provision in an orderly fashion.
(11) Should any expense component underlying this general adjustment be
finally ordered refunded to landlords by a court of competent jurisdiction, the amount of
this adjustment attributable to said expense component shall be refunded to tenants
who have actually paid said component. The Board shall specify by regulation the
timing and manner of any such refund.
Landlords shall maintain records which will enable them to determine the amount of
this adjustment paid by each tenant.