(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 rent 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 that the unit substantially complies
with the City of Berkeley's building, housing and codes which affect the health and
safety of tenant(s); or
(E) 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 tenant(s) as required by Section 7 of the Ordinance.