The Board received community comment that restricting the increase in contract
rents to the annual general adjustment may disincentivize landlords from participating
in these programs but that allowing the contract rent to reach the payment standard or
fair market rent would not increase the tenant household’s portion. Therefore, the
Board promulgated this regulation to allow a rent ceiling increase to qualifying rental
units that reflects the allowable contract rent increases to landlords participating in
these programs.
(B) Qualifying Units and Allowable Rent Increase. A rental unit is a qualifying unit if it
is a Fully covered Unit under Berkeley Municipal Code section 13.76.050.A and is
currently rented under the Housing Choice Voucher Program, the Project-based Voucher
Program, or the Shelter Plus Care Program.
Qualifying units shall be eligible to an increase in rent ceiling under this
regulation up to the maximum contract rent permitted by the government agency which
administers the program if all the following conditions are met:
(1) The rent ceiling increase is reasonable as determined by:
(a) The Berkeley Housing Authority in accordance with 24 CFR
982.507(a)(2)(i) for Housing Choice Voucher tenancies or 24 CFR 983.303 for
Project-based Voucher tenancies; or
(b) The City of Berkeley Health, Housing and Community Services
Department in accordance with 24 CFR 582.305(b) for Shelter Plus Care
tenancies.
(2) For Housing Choice Voucher and Project-based Voucher tenancies, the rent
ceiling increase will not lead to an increase in the Family Share of the contract rent as
defined in 24 CFR 982.515 and 24 CFR 983.353 respectively.