Rent Stabilization Board
Rent Stabilization Board

1206. Acceptance of Petitions

(A) Except as provided below in Subsection (C), no landlord petition for an individual rent adjustment will be accepted for filing unless the unit for which the adjustment is requested has been properly registered for at least 30 days. A unit is considered properly registered only if the completed registration statement has been filed with the Board, and the registration fee (plus any late fee) has been paid in full.

(B) No landlord petition for an individual rent adjustment will be accepted for filing unless the landlord has completed the provision of the petition form certifying that all security deposits for the units for which the adjustment is requested have been placed in an interest-bearing account at an institution whose accounts are insured by the Federal Savings and Loan Insurance Corporation.

(C) A landlord who is participating in the Shelter-Plus Care Program, 42 U.S.C. section 11403, is eligible to file an HLR petition, pursuant to Regulation 1280, at any time after he or she has filed a completed rent registration statement and paid all required registration fees (plus any late fee). Any HLR petition filed pursuant to this section shall be treated expeditiously by the Board.

(D) A petition by a former tenant pursuant to these Regulations shall be commenced within three years from the date the tenant vacated the unit in question.

[Amended regulation effective 3/9/2001]


1207. Proper Filing

(A) Proper filing of the petition is the responsibility of the petitioner. Provided that the requirements of Regulations 1205 and 1206 are satisfied, a petition is deemed properly filed on the date it is received by the Board if it is acceptable. Board staff will make a preliminary review of each petition after it has been submitted. Petitions that are not signed by the petitioner, illegible, incomprehensible, erroneously completed, incomplete, lacking a proof of service on the opposing party or for which the required fees have not been paid will not be considered acceptable.

(B) No individual rent adjustment proceedings will take place for petitions that are not properly filed. The procedures for determining proper filing and allowing an unacceptable petition to be corrected is set out in Regulation 1205(A)(4) and (B)(4).

[Amendment effective April 11, 1997; May 11, 2001]

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
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