Mak v. City of Berkeley Rent Stabilization Board, 240 Cal. App. 4th 60 (2015)

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consecutive months . . . .” (Berkeley Mun. Code, § 13.76.130, subd. (A).)3 The Rent
Board has adopted Regulation 1016, entitled “Rent Level following an Owner Move-In
Notice of Eviction.” This regulation provides as follows: “A. A landlord who serves a 30-
Day Notice of Termination of Tenancy pursuant to Berkeley Municipal Code section
13.76.130.A(9) for the purpose of recovering possession of the unit for his or her own use
and occupancy as a principle [sic] residence or the principle [sic] residence of a relative
may rescind the notice or stop eviction proceedings but, if the tenant vacates within one
year of the date of service of the notice, the tenancy is presumed to have been terminated
by the owner as a result of the notice. The rental rate for the next tenancy established in
the vacated unit shall be no more than the maximum allowed under the Rent Ordinance
for the tenant who vacated, plus any subsequent increases authorized by the Rent Board.
[¶] B. This presumption applies even though the tenant vacates the unit after the notice
has been rescinded. A written statement from the tenant that he is leaving of his own
volition signed as part of a settlement whereby the tenant is required to vacate the unit is
insufficient to rebut this presumption. [¶] C. A landlord may rebut the presumption by
requesting a Certificate of permissible Rent Level and following the procedures in
Regulation 1007 for challenging the determination of the permissible rent level stated in
the certificate. [¶] D. A written or oral request from a landlord to vacate a unit so the
landlord or a relative of the landlord may occupy the unit as his principle [sic] residence
shall be treated as a Notice to Terminate Tenancy pursuant to . . . section 1946 for the
purpose of determining the rent level when the unit is subsequently rented.”