CHAPTER 10.
ESTABLISHMENT OF BASE RENT CEILING AND POSTING
CONTENTS
1000. Base Rent Determination for Previously Exempted Units
If a unit has been exempted from coverage by virtue of any of the above exemptions set forth in Section 5 of the Ordinance (except the exemption for owner-occupied 3- and 4-unit building which formerly existed pursuant to Section 5.f.) and loses its exempt status the lawful base rent and lawful current rent ceiling shall be determined as follows:
(A) The lawful base rent shall be determined in accordance with Section 10.a. of the Ordinance.
(B) The lawful current ceiling shall be the lawful base rent, adjusted by the amount of the annual general adjustments approved by the Board to date provided that the landlord is in compliance with the provisions of the annual general adjustment orders and registers the unit as required by Section 8.i. of the Ordinance.
[Effective Date: July 13, 1983]
1001. Base Rent Determination for Previously 5F Exempted Units
If a unit has been exempted from coverage by virtue of any of the exemptions set forth in Section 5 of the Ordinance and is in a three or four unit building which was previously exempted under Section 5.f. prior to July 1, 1982, the lawful base rent and lawful current rent ceiling shall be determined as follows:
(A) The lawful base rent shall be determined in accordance with Section 10.c. of the Ordinance.
(B) The lawful current rent ceiling shall be the lawful base rent, adjusted by the amount of the annual general adjustments approved by the Board to date provided that the landlord is in compliance with the provisions of the annual general adjustment orders and registers the unit as required by Section 8.i. of the Ordinance.
[Effective July 13, 1983]
1002. Base Rent Determination for Previously Exempted Units
Nothing in Regulation 1000 or 1001 shall preclude the landlord from petitioning for an individual rent adjustment to recover capital improvements or other expenses incurred subsequent to the enactment of the Ordinance and prior to the time the unit became covered.
[Effective July 13, 1995]
1003. Base Rent and Current Lawful Rent Ceilings for Rental Units Occupied by Group Living Arrangements
(A) The base rent and current rent ceiling for each rental unit occupied by a group living arrangement shall be determined in accordance with Section 13.76.100.A. of the Berkeley Municipal Code. The total rent charged the residents of each rental unit shall not exceed that which is lawful for the unit.
(B) If one or more residents of the group living arrangement have leased or rented the entire unit from the owner or landlord and sublets portions of the premises to other residents, the total rent demanded, received or collected by the sublessor shall not exceed that which is actually and lawfully due and payable to the owner or landlord of the premises. If the sublessor demands, receives or collects rent in excess of that actually due the owner or landlord, the sublessor shall be responsible to the subtenants for all such overcharges. If the sublessor acts as the agent or employee of the owner or landlord in demanding, receiving or collecting rent in excess of that lawfully due, or acts as a conduit for the transfer of such rent overcharges to the owner or landlord, said owner or landlord shall be responsible for all such overcharges.
[Effective Date: December 28, 1983]
1004. Provision of Certificate of Permissible Rent Level
(A) Upon the request of the landlord or the tenant, the Board shall provide the landlord and the current tenant with a certificate of current permissible rent level (maximum lawful rent ceiling) of the rental unit. The certificate shall be issued to the landlord and the tenant within five (5) business days from the date of request. A fee in an amount necessary to cover the costs of issuing the certificate shall be charged for each request for a certificate.
(B) Where the rental unit has previously been certified, either by means of a Notice of Apparent Maximum Lawful Rent Ceilings, an Individual Rent Adjustment (IRA) decision, or a Certificate of Permissible Rent Level, the determination of permissible rent level shall be made in accordance with Regulation 1005. In such case, the requesting party shall mail a copy of the Request for Certificate of Permissible Rent Level to the other party. The Request and the proof of service shall be filed with the Board within ten (10) days of the date of service.
(C) Where the rental unit has not been previously certified, the determination of permissible rent level shall be made in accordance with Regulation 1006. In such case, the requesting party shall personally serve a copy of the Request For Certificate of Permissible Rent Level on the other party. If the Request cannot with reasonable diligence be personally delivered, the Request may be served by leaving a copy at the person's home with a competent member of the household and thereafter mailing a copy to the person at the address. The Request and the proof of service shall be filed with the Board within ten (10) days of the date of service.
[Effective Date: March 11, 1988]
1005. Determination of Permissible Rent Level where a prior Certification has been issued
(A) Extent of Review
Where the rental unit has previously been certified, either by means of a Notice of Apparent Maximum Lawful Rent Ceilings, by an Individual Rent Adjustment (IRA) decision, or a Certificate of Permissible Rent Level, the review to determine the current permissible rent level shall include the following:
(1) The review shall begin with the most recent certified rent, which shall be controlling and not subject to challenge in an appeal of the Certificate;
(2) The most recent certified rent shall be increased by the amount of subsequent Annual General Adjustments for each year in which the property was in substantial compliance with the registration requirements if the Board has no information establishing that the landlord was otherwise ineligible for the Annual General Adjustments in question. In situations where the property was not in substantial compliance with the registration requirements or where the Board has information establishing that the landlord was otherwise ineligible for any Annual General Adjustment, the adjustment for the year(s) in question shall be disallowed when computing the permissible rent level. For purposes of this regulation, a property shall be considered in substantial compliance with the registration requirements if all registration fees and penalties have been paid and the initial registration statement states the name and address of the landlord and managing agent and the information is timely provided upon request of the Board.
(3) Any Individual Rent Adjustment(s) which has been granted shall be taken into account when computing the permissible rent level. All determinations made in such IRA hearings, or in any rent withholding for nonregistration hearings, shall be controlling and the results reached in said proceedings shall not be altered or superseded.
(B) Notification Concerning Determination
In addition to the Certificate of Permissible Rent Level, the Board shall provide the landlord and tenant with a notice containing the following information:
(1) Notice of the prior certification and that the prior certification is binding and cannot be challenged in an appeal of the Certificate;
(2) The specific dollar amount of the permissible rent level for each year from the date of the most recent certified rent to the present;
(3) Notice that the landlord's eligibility for the annual general adjustments subsequent to the most recent Certified rent is subject to appeal by either party, and that the Board has made no attempt to determine the landlord's eligibility for the various annual general adjustments, except insofar as eligibility depends upon registration of the property. The notice shall set forth the various eligibility conditions for the Annual General Adjustments and also state that if such ineligibility continues for an entire calendar year, the landlord permanently loses the annual general adjustment pursuant to Section 13.76.112(H) of the Ordinance.
(4) Notice that unless a timely Appeal of Certificate of Permissible Rent Level is filed, the rent level identified in the Certificate shall become the final permissible rent level (maximum lawful rent ceiling), subject to re-determination only pursuant to Regulation 1009. The time period and procedure for filing such an appeal shall be clearly set forth; and
(5) Notice that if the unit is vacant, or becomes vacant during the appeal period, that the landlord must so notify the Board and must further advise the next tenant of the tenant's right to seek re-determination of the permissible rent level. Such notification to the tenant shall be in writing and a copy shall be filed with the Board, including a proof of service on the tenant.
[Effective Date: March 11, 1988]
1006. Determination of Permissible Rent Level where no prior Certification has been issued
(A) Extent of Review
Where the rental unit has not previously been certified, the Executive Director, or his or her designee, shall review the rent registration forms, other information contained in the property files, the Hearings Unit files and any other information available to the Board for the purposes of determining the permissible rent level (maximum lawful rent ceiling) for the rental unit. The review shall include the following:
(1) The rent in effect on December 30, 1979 shall be determined from the registration forms and other information available to the Board.
(2) The December 30, 1979 rent shall be compared with the rent reported to be in effect on May 31, 1980 to insure that the May 31, 1980 rent does not exceed that charged on December 30, 1979 by more than the maximum 5% increase permitted under Ordinance No. 5212-N.S. If the May 31, 1980 exceeds the 5% increase permitted under Ordinance No. 5212-N.S., the apparent base rent for purposes of this regulation shall be deemed to be the December 30, 1979 rent plus 5%. In all other cases, the apparent base rent for purposes of this regulation shall be deemed to be the May 31, 1980 rent.
(3) In circumstances where the initial registration statement is not substantially completed, the landlord shall be notified that the property is not properly registered and that the Board is unable to determine the permissible rent level without the missing information. An initial registration statement shall be considered substantially completed when it contains all the information required by Section 13.76.080 with the exception of subsections (3), (9), (10) and (11). The landlord shall be required to furnish the missing information, including evidence of the rent which was actually charged on the date(s) specified. Said evidence shall consist of a lease or rental agreement in effect on the date in question, a copy of a rent receipt, books of account or other documents clearly establishing the rent in effect on the date in question. If the landlord is unable to furnish satisfactory evidence, the landlord shall complete a declaration form substantially equivalent to that which is required under Regulation 801(B), which sets forth the rent the landlord reasonably believes to have been in effect on the date(s) in question and includes the basis for the landlord's belief that the rent in effect was the amount claimed by the landlord. A landlord who supplies the requested information, and who otherwise was in substantial compliance with the registration requirements, shall not be held to be unregistered for purposes of this regulation in determining eligibility for the various annual general adjustments.
(4) The base rent ceiling as determined above shall be increased by the amount of subsequent Annual General Adjustments for each year in which the property was in substantial compliance with the registration requirements if the Board has no information establishing that the landlord was otherwise ineligible for the Annual General Adjustments in question. In situations where the property was not in substantial compliance with the registration requirements or where the Board has information establishing that the landlord was otherwise ineligible for any Annual General Adjustments, the adjustment for the year(s) in question shall be disallowed when computing permissible rent level. For purposes of this regulation, "substantial compliance" shall be determined by Regulation 801(G).
(5) If the property first came under coverage by virtue of the provisions of the Tenant 's Right Amendment Act of 1982 (Measure G) the permissible rent level shall be determined as set forth above, except that the starting point for all calculations shall be the rent in effect on December 31, 1981.
(6) Any Individual Rent Adjustment(s) which has been granted shall be taken into account when computing the permissible rent level. All determinations made in such IRA hearings, or in any rent withholding for non-registration hearings, shall be controlling and the results reached in said proceeding shall not be altered or superseded.
(B) Notification Concerning Determination
In addition to the Certificate of Permissible Rent Level,the Board shall provide the landlord and tenant with a notice containing the following information:
(1) The specific dollar amount of the permissible rent level for each year from 1980 to and including the current permissible rent level;
(2) Notice that the Board has not made any attempt to inquire into whether or not the landlord has substantively complied with the provisions of Measure I and Ordinance No. 5212-N.S. Such notification shall clearly set forth the provisions of Measure I and Ordinance No. 5212-N.S. which affect the lawful base rent ceiling pursuant to Berkeley Municipal Code Section 13.76.100. It shall further specifically set forth the computational steps necessary to determine the lawful base rent ceiling and rent ceilings. The notice shall further advise that if the landlord or tenant wishes to contest the base rent ceiling or the lawful rent ceilings, a timely appeal must be filed;
(3) The notice shall also state that the Board has made no attempt to determine the landlord's eligibility for the various general adjustments, except insofar as such eligibility depends upon registration of the property. The notice shall set forth the various eligibility conditions for the Annual General Adjustments and also state that if such ineligibility continues for an entire calendar year, the landlord permanently loses the annual general adjustment in question pursuant to Section 13.76.112.(H) of the Ordinance.
(4) Notice that unless a timely Appeal of Certificate of Permissibly Rent Level is filed, the rent level identified in the Certificate shall become final permissible rent level (maximum lawful rent ceiling), subject to redetermination only pursuant to Regulation 1009. The time period and procedure for filing such an Appeal shall clearly set forth; and
(5) Notice that if the unit is vacant, or becomes vacant during the appeal period, that the landlord must so notify the Board and must further advise the next tenant of the tenant's right to seek re-determination of the permissible rent level.
Such notification to the tenant shall be in writing and a copy shall be filed with the Board, including a proof of service on the tenant.
[Effective Date: March 11, 1988]
1007. Appeal of Certificate of Permissible Rent Level
The landlord or tenant may appeal the determination of the permissible rent level stated in the certificate within fifteen (15) calendar days from the date of the issuance, or within twenty (20) days if the Certificate is mailed. A fee in the amount listed in the Board's fee schedule shall be paid for the appeal. The appeal must be on a Rent Board form and must state the factual basis for contesting the certificate of permissible rent level. The appeal shall be heard by a hearing examiner and a decision issued within sixty (60) days following the date of filing of the appeal. The decision of the hearing examiner shall be the final decision of the Board. The Board, however, retains the right to review the hearing examiner's decisions on its own motion for the 90 day period after the decision of the hearing examiner. Where the final decision on appeal changes the amount of permissible rent level stated in the original Certificate, a revised Certificate of Permissible Rent Level shall be issued.
[Amended effective: March 20, 1992]
1008. (RESERVED)
1009. Basis for Re-determination of Permissible Rent Level
The permissible rent level reflected in the certificate is the final decision of the Board unless appealed pursuant to Regulation 1007. A landlord or tenant who wishes to contest the permissible rent level after the appeal period has expired shall file a statement of the basis for re-determination on a Board form in addition to the Appeal. The permissible rent level may be re-determined only upon a showing of (a) fraud or misrepresentation, including the Board's failure to accurately reflect a prior certification or individual rent adjustment decision, (b) a failure to receive notice as required by law, or (c) where a vacancy occurred during the appeal period.
[Effective Date: March 11, 1988]
1010. (RESERVED)
1011. Annual Notification of Apparent Lawful Rent Ceiling
By November 15 of each calendar year, except calendar years 1992, 1994, and 1995, the Board shall mail a Notice of Apparent Lawful Rent Ceiling to all landlords and tenants of registered rental units in the City of Berkeley. The notice shall contain the following information:
(A) The most recent lawful rent ceiling certified by the Board for the rental unit;
(B) The apparent current lawful rent ceiling for the rental unit based on annual general adjustment orders issued by the Board since the most recent certification for the rental unit;
(C) An explanation of the conditions which a landlord must satisfy in order to be eligible for annual general adjustments; and
(D) An explanation of the right to obtain from the Board a binding certification of the lawful rent level for the rental unit.
A copy of the annual notification of apparent lawful rent ceiling will be placed in the Rent Stabilization Program property file.
[Amended regulation effective November 10, 1995]
1012. Separate Agreements
(A) All housing services held out for use and included in the lawful rent in effect on May 31, 1980 (or December 31,1981 for formerly exempt owner occupied three and four unit properties), included in the certified rent, or granted in a decision on a rent adjustment petition are considered regulated housing services and shall continue to be provided to tenants in the manner in which they were previously provided. Other housing services are considered unregulated housing services and may be the subject of separate agreements when such agreements conform to conditions set out below.
(B) Separate agreements between owners and tenants are permissible when the agreement is in writing in a document separate from the rental agreement and the agreement meets all of the following criteria:
(1) The agreement to pay a separate fee for unregulated housing services must not be a condition of tenancy;
(2) The terms of the separate agreement must be commercially reasonable;
(3) The tenant's termination or breach of the separate agreement may not be grounds for eviction.
(C) Owners and tenants may, if they wish, convert unregulated housing services covered by separate agreements to regulated housing services by stipulation in an Individual Rent Adjustment Petition filed with the Board, by appropriate reference to Regulations 1229 and 1269.
(D) Separate agreements may be terminated by either party upon thirty (30) days written notice. Notice of termination of an agreement for rental of furniture, however, may not be given less than thirty (30) days after the agreement was signed by the parties.
[Effective May 31, 1991.]
1013. Vacancy Rent Increase
(A) New Maximum Allowable Rent Upon Voluntary Vacancy
Pursuant to Section 1954.50, et seq. of the Civil Code, the landlord may establish the lawful maximum allowable rent for any controlled rental unit consistent with this regulation. The new rent level shall thereafter become the maximum lawful rent ceiling for the unit for all purposes including, but not limited to, the computation of all future rent adjustments. The unit shall otherwise remain controlled by all other regulations of the Rent Board.
(B) Vacancy Rent Levels
(1) Commencing January 1, 1996, the landlord may, upon the occurrence of a voluntary vacancy, abandonment, or an eviction for non-payment of rent, establish for a new tenancy an initial rent level no greater than:
(a) Fifteen percent (15%) more than the rent in effect for the immediately preceding tenancy, or
(b) Seventy percent (70%) of the prevailing market rents for comparable units as established by HUD Fair Market Rents (FMRs) or,
(c) The lawful rent ceiling.
(2) The rent increases authorized by this subsection shall not occur more than twice for any unit between January 1, 1996 and December 31, 1998.
(3) Commencing January 1, 1999, a landlord may establish the initial rent rate for all new tenancies consistent with Civil Code Section 1954.50, et seq., and any Board regulations enacted consistent therewith, except where the previous tenancy has been terminated by the landlord pursuant to Section 1946 or has been terminated upon a change in terms of tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees.
(4) The rent increases authorized by this Regulation are prohibited where any of the following apply:
(a) The landlord has otherwise agreed by contract with the City of Berkeley or any other public entity to limit or otherwise restrict rent levels in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of title 7 of the Government Code.
(b) The dwelling or unit contains serious health, safety, fire or building code
violations, excluding those caused by disasters, for which a citation has been issued by the
appropriate governmental agency, and which citation has remained unabated for six months or longer preceding the vacancy.
(c) The prior tenant vacated the property as a proximate result of the conduct by the landlord which constitutes acts prohibited by law, or which constitutes constructive eviction or a breach of the covenant of quiet enjoyment of the property.
(C) Single Family Residences
(1) For purposes of this Regulation, a single family residence is defined as a unit that is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision as specified in subdivision (b), (d) or (f) section 11004.5 of the Business and Professions Code.
(2) Commencing January 1, 1996, with regard to a single family residence that has not been rented since May 31, 1980, the landlord may establish the initial and all subsequent rental rates for all new tenancies.
(3) Commencing January 1, 1996, the landlord may establish the rent level for a new tenancy in a single family residence consistent with subsection (B) of this regulation.
(4) Commencing January 1, 1999, the landlord may establish the initial and all subsequent rental rates of a single family residence for all new tenancies except where:
(a) The preceding tenancy has been terminated by the landlord by notice pursuant to Section 1946 of the Civil Code or has been terminated upon the change in terms of tenancy noticed pursuant to Section 827 of the Civil Code.
(b) The landlord has otherwise agreed by contract with the City of Berkeley or any other public entity to limit or otherwise restrict rent levels in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of title 7 of the Government Code.
(c) The dwelling or unit contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a citation has been issued by the appropriate governmental agency, and which citation has remained unabated for six months or longer preceding the vacancy.
(5) The landlord may establish the initial and all subsequent rental rates pursuant to this subsection for all existing and new tenancies in effect on or after January 1, 1999, if the tenancy was created between January 1, 1996 and December 31, 1998.
(D) Rent Defined
(1) For purposes of this regulation, "rent" is defined as the rent in effect for the immediately preceding tenancy which did not exceed the lawful rent ceiling.
(2) For the purpose of this Regulation, the term "rent" does not include any fees or charges paid by the tenant to the landlord pursuant to a lawful separate agreement between the tenant and the landlord as defined in Regulation 1012.
(3) The increased rent level established by the landlord pursuant to this regulation shall become the new rent ceiling for the unit upon proper registration.
(E) Landlord Defined
"Landlord", as used in this regulation, means an owner of record, lessor, or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.
(F) Prevailing Market Rents
(1) "Prevailing Market Rents" are defined as the rental rate that would be authorized for comparable units pursuant to 42 U.S.C.A. 1437(f), as calculated by the United States Department of Housing and Urban Development (HUD) pursuant to Part 888 of Title 24 of the code of Federal regulations. For purposes of this regulation, 70% of the prevailing market rents shall be referred to as HUD FMRs ("fair market rents"), and include the cost of utilities except telephone.
(2) "Comparable units" for the purpose of this subsection is defined as those rental units that have the same number of bedrooms. A "bedroom" shall include a room intended for sleeping which conforms to the provisions of Chapter 5 of the Uniform Housing Code, being not smaller than seventy (70) square feet in floor area with a ceiling height not less than seven (7) feet six (6) inches.
(3) As of October 1, 1995, 70% of the HUD FMRs in Berkeley are:
Zero-bedroom units $ 371
One-bedroom units $ 449
Two-bedroom units $ 563
Three-bedroom units $ 771
Four-bedroom units $ 923
Five-bedroom units $ 1062
(4) The amounts set forth in subsection (F)(2) shall be adjusted by operation of law upon determination and notification by HUD of any adjustments to the HUD FMRs.
(G) Voluntary Vacancies
(1) For the purposes of this Regulation, "voluntary" shall mean the tenants' independent choice, without intimidation, pressure, or harassment.
(2) Non-Voluntary Vacancy
(a) A vacancy resulting from harassment, threats to withdraw the property from the rental market pursuant to the Government Code Section 7060-7060.7 (Ellis Act), or notices of any kind that negligently or intentionally misrepresent to the tenant that he or she is required to vacate the controlled unit shall not be considered voluntary.
(b) "Harassment" shall be defined as a knowing and willful act or course of conduct directed at a specific tenant or tenants which:
(i) Would cause a reasonable person to fear the loss of use and occupancy of a residential unit or part thereof, or of any service, privilege or facility connected with such use and occupancy, including any housing service within the meaning of the Rent Ordinance Section 4(C), without legitimate reason or legal justification;
(ii) Materially interferes with a tenant's peaceful enjoyment of the use and occupancy of a residential rental unit.
(c) A single act may constitute harassment for purposes of determining whether a vacancy was voluntary. A course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Acts constituting harassment include, but are not limited to the following:
(i) Eviction on the grounds of owner or relative occupancy pursuant to Rent Ordinance section 13(A)(9) or (10), which is not in good faith.
(ii) The threat or repeated threat to evict a tenant in bad faith, under circumstances evidencing the landlord's purpose to cause the tenant to vacate a controlled rental unit;
(iii) Reduction in housing services under circumstances evidencing the landlord's purpose to cause the tenant to vacate a controlled rental unit;
(iv) Reduction in maintenance or failure to perform necessary repairs or maintenance under circumstances evidencing the landlord's purpose to cause the tenant to vacate a controlled rental unit;
(v) Abuse of the landlord's right of access into a residential unit within the meaning of California Civil Code Section 1954;
(vi) Verbal or physical abuse or intimidation;
(d) A vacancy occurring as result of the filing of a Notice of Intent to Withdraw under Government Code Section 7060-7060.7 (the Ellis Act) shall not be considered voluntary.
(e) A tenancy and subsequent vacancy created as a sham shall not be considered voluntary. A sham tenancy may be presumed where the occupant did not have a bona fide landlord-tenant relationship with the landlord, or occupied the property for less than four (4) months and principally for the purpose of vacating the property to establish eligibility for vacancy-related increase.
(H) Eviction for Nonpayment of Rent
Eviction for "non-payment of rent" is defined as the action to terminate a tenancy due to the tenant's failure to pay the rent to which the landlord is entitled under the rental housing agreement and existing law pursuant to Rent Ordinance section 13(A)(1) and/or paragraph (2) of Civil Code Section 1161.
(I) Abandonment
For purposes of this section "abandonment" is defined as the tenant's independent choice, without intimidation, pressure, or harassment to relinquish all right and possession of the premises, with the intention of not reclaiming or resuming its possession or enjoyment, and the landlord terminates the tenancy pursuant to Civil Code Section 1951.3.
(J) No Rent Increase for Existing Tenants
The maximum lawful rent ceiling for any controlled rental unit that is occupied by an existing tenant shall not be increased under the provisions of this Regulation, while said tenant occupies his or her unit.
(1) For purposes of this Regulation, "existing tenant" refers to all persons who are defined as "tenants" pursuant to Rent Ordinance section 4(I), i.e. any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter's interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.
(2) No tenant occupying a controlled rental unit, who has the right to occupancy of a controlled rental unit, shall have his or her rent increased pursuant to this Regulation or Civil Code 1954.50, et seq. Pursuant to section 13(A)(2) of the Rent Ordinance, no tenant shall be required to vacate a controlled rental unit as a result of a covenant or condition in a rental agreement requiring the tenant to surrender possession.
(K) Re-registration
Pursuant to sections 6(F)(17), 6(P) and 8 of the Rent Ordinance, any landlord who establishes a new rent level pursuant to this regulation and applicable state law shall re-register the unit with the Board within fifteen (15) days of the re-rental of the unit.
(1) The re-registration shall be filed upon a form, entitled "Costa Hawkins Registration Vacancy From" provided by the Board. The Board shall approve such form by Resolution and the contents of the form may be changed from time to time.
(2) The landlord shall provide all information required by the form.
(3) Failure of the landlord to properly re-register a unit pursuant to this regulation shall result in the property being deemed not to be in compliance with section 8 of the Rent Ordinance.
(L) Amenities
Until January 1, 1999, the base amenities shall remain the same for any unit as those provided on May 31, 1980, or the first rental date thereafter, or as otherwise determined by final Board decision.
(M) Increase and Decrease Petitions
Nothing in this Regulation prohibits tenants or landlords from filing rent decrease or increase petitions pursuant the Board's regulations.
(N) Fraud or Intentional Misrepresentation
Any increase in the maximum allowable rent authorized pursuant to this regulation that is obtained by fraud or misrepresentation by the landlord or his or her agent, servant, or employee shall be void.
(O) Subletting
(1) An owner may increase the rent by any amount allowed by Civil Code section 1954.50 et seq., and subsection (B) of this Regulation, to a sublessee or assignee where there is a rental agreement prohibiting subletting or assignment or which prohibits subletting or assignment without the owner's consent, and the original occupant or occupants who took possession pursuant to the rental agreement with the owner, no longer permanently reside there.
(2) Where one or more of the occupants of the premises pursuant to the agreement with the owner provided for above, remains an occupant in lawful possession of the dwelling or unity, this subdivision shall not apply to partial changes in occupancy of a dwelling or unit made with the consent of the owner. Nothing contained in this subsection shall establish or create any obligation of an owner to permit or consent to a sublease or assignment.
(3) Acceptance of rent by the owner shall not operate as a waiver or otherwise prevent enforcement of a covenant prohibiting sublease or assignment, or as a waiver of an owner's rights to establish the initial rental rate, unless the owner has received written notice from the tenant that is a party to the agreement and thereafter accepted rent.
(4) A landlord may not unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the provisions are substantially identical to the prior rental agreement.
[Effective December 25, 1995]
1014 - 1099 (RESERVED)
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