(3) has failed to comply, after order of the Board, with any provisions of
the Ordinance and/or orders or regulations of the Board concerning the affected rental
unit; or
(4) has failed to bring the rental 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 materially affect the
health and safety of tenant(s); or
(5) has failed to make repairs as ordered by the housing inspection
services of the City of Berkeley.
(H) 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 October
1, 2003, for which the landlord fails to register. A landlord who is ineligible to raise rents
under this general adjustment due to a violation of one or more of the conditions of
subsection (G) shall be able to raise rents under this adjustment in future years upon
correction of the condition and substantial compliance with the Ordinance in
accordance with Civil Code section 1947.7.