Rent Stabilization Board Regulations
Chapters 1 through 6

 


CHAPTER 1. TITLE

CONTENTS

101 - 199 (RESERVED)

 


CHAPTER 2. FINDINGS

CONTENTS

201 - 299 (RESERVED)

 


CHAPTER 3. PURPOSE

CONTENTS

301 - 304  (RESERVED)

305     Effect of Substantial Compliance on Penalties and Sanctions

306 - 399  (RESERVED)

 


CHAPTER 4. DEFINITIONS

CONTENTS

401     Housing Services in Group Living Arrangements; definition

402     Rental Unit Occupied by a Group Living Arrangement; definition

403     Rental Unit; definition

403.5 Rooming House; definition

404     Resident Managers

405     Group Living Arrangement; definition

406     Group Living Arrangement of an Institution of Higher Education; definition

407     Institution of Higher Education; definition

408     Dormitory of an Institution of Higher Education; definition

409 - 499 (RESERVED)  

 


CHAPTER 5. APPLICABILITY

CONTENTS

501 - 502    (RESERVED)

503     Definition of Principal Residence

504     Transient Units 

505     Non-transient Units

506     Changes in Status of Transient Unit

507     Posting of Rents for Non-Transient Occupancy

508     Exemption for Certain Single Family Residences

509-520      (RESERVED)

521     Procedure for Claiming Exemption

522     Procedure for Challenging Exempt Status

523     When Exemption Must Be Claimed or Verified

524     Tenant in Occupancy

525     Procedure for Challenging Tenant in Occupancy Status

526-599      (RESERVED)

 


CHAPTER 6. RENT STABILIZATION BOARD

CONTENTS

601     Adoption, Amendment and Repeal of Regulations

602     First and Second Readings and Effective Date of Regulation or Repeal

603     Notice of Proposed Action

604     (RESERVED)

605     Hearing

606     (RESERVED)

607     Publication of Regulations

608     Emergency Regulations and Orders of Repeal

609 - 630      (RESERVED)

631     Effective Date of Rules and Regulations

632     Application of New Regulations and Amendments to Existing Regulations to Actions Pending Before the Board

633 - 689      (RESERVED)

690     Litigation by Commissioner

691 - 699      (RESERVED)

 


301 - 304 (RESERVED)

 


305. Effect of Substantial Compliance on Penalties and Other Sanctions

Notwithstanding any other provision in the Regulation, no penalty or other sanction shall be assessed against a landlord for noncompliance with a provision of the Ordinance or Regulations if the landlord is in substantial compliance with the provision. As used in this Regulation, substantial compliance means:

(A) The landlord has made a good faith effort to comply with the provision of the Ordinance or Regulation sufficient to carry out the intent and purpose of the Ordinance or Regulation; and

(B) The landlord has cured any defect in compliance with the provision of the Ordinance or Regulation in a timely manner after receiving notice of a deficiency from the Board.

Nothing in this Regulation shall prohibit the Board from ordering a landlord who is in substantial compliance with the Ordinance or Regulation to pay restitution to tenants or registration fees to the Board.

[Effective date of Section 305: 11/21/86]

 


306 - 399 (RESERVED)

 


401. Housing Services in Group Living Arrangements; definition

The purpose of this regulation is to clarify the definition of "housing services" as that term is used in Berkeley Municipal Code 13.76.040.C when such housing services exist in a rental unit occupied by a group living arrangement as defined in Regulation 405. In such a rental unit, housing services shall include all such services provided by the owner or landlord to the unit or residents of the unit. Housing services do not include services provided by residents to other residents if there is no landlord-tenant relationship between any of the residents. Housing services also do not include services provided by someone other than the owner or landlord if the residents have mutually agreed to share the expenses of such services and no landlord-tenant relationship exists between any of the residents.

[Effective Date: 12/28/83]

 


402. Rental Unit Occupied by a Group Living Arrangement; definition

For the purposes of Regulations 401, 405 and 1003, a "rental unit" is a dwelling unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Each dwelling unit which contains such independent living facilities is a separate unit notwithstanding the fact that the same group living arrangement may occupy more than one unit.

[Effective Date: 12/28/83]

 


403. Rental Unit; definition

For purposes of these regulations, "rental unit" is defined as either of the following:

(A) a dwelling unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; or

(B) a room or suite of rooms in a hotel, motel, rooming house, boarding house or other group living accommodations building that is intended for human habitation and is not a Transient Unit, as defined in Regulation 504, or otherwise exempted from the Rent Ordinance.

(C) As used in this section, the following definitions shall apply:

(1) "hotel" means any building or portion thereof containing six (6) or more guest rooms used, designed or intended to be used, let or hired out for occupancy by six or more transient individuals for compensation, whether direct or indirect.

(2) "motel" means an establishment which provides overnight lodging and parking in which the rooms are usually accessible from an outdoor parking lot.

(3) "rooming house" means a property other than a hotel where lodging for five (5) or more persons is provided for compensation, whether direct or indirect, and as further defined in Regulation 403.5.

(4) "boarding house" means a building other than a hotel where lodging and meals for five (5) or more persons are provided for compensation, whether direct or indirect.

(5) "group living accommodations" means residential accommodations provided in dormitories, fraternity houses, sorority houses, rooming houses, boarding houses, homes for aged persons, family boarding homes for aged persons, and similar uses, but not including hospitals, nursing homes, hotels, motels or automobile courts.

(D) The term "rental unit" shall not be construed to include an aggregation of two (2) or more dwelling units, as defined in subsection (B), or rooms or suites of rooms, as defined in subsection (C).

[Effective Date: 08/21/98; amended Section (C)(3) on 11/21/11 to further clarify definition of a rooming house.]


 403.5 Rooming House; definition

(A) Background and Purpose. Since the Board passed Regulation 403 in 1998 a number of questions have arisen regarding the definition of “rooming house.”  The Board has always defined a rooming house to mean a building with at least five rooms that are rented to at least five individuals with at least five separate leases.  This Regulation is meant to clarify the specific requirements to be considered a rooming house.  Since 1998, the Board has intended to make this definition consistent with the definition of “rooming house” in the City’s Zoning Ordinance (Berkeley Municipal Code Section 23F.04.010) and this continues to be the Board’s intention.

This regulation will lower the number of rooms required for a rental unit to qualify as a rooming house in multi-unit properties.  Units in multi-unit properties with four or more rooms will qualify as rooming houses (assuming the other conditions are satisfied).  This does not stray from the definition of rooming houses in B.M.C. 23F.04.010 as there will still be five or more rooms on the entire property.

Unlike other group living arrangements where the remaining tenants choose tenants to replace those who vacate the unit, rooming houses allow the landlord or his agent to maintain control over who rents each room/unit within the rooming house.  A landlord may not, however, rent an entire property under a single lease as a means to avoid registering the unit as a rooming house.   The Board will examine whether the landlord is renting to a household or group living arrangement conceived and brought together by the occupants when determining whether a unit qualifies for any claimed exemption.

(B) Rooming House. For purposes of this subchapter, a rooming house shall consist of a rental unit on a property which property contains at least five rooms rented individually to at least five tenants under separate rental agreements.  Each room in a rooming house must be individually registered with the Board as a separate rental unit.  Each time a tenant permanently surrenders possession of a rental unit in the rooming house, the landlord is entitled to a vacancy rent adjustment subject to the restrictions of Chapter 10 of these regulations.  The landlord or his agent shall maintain control over who occupies the various rental units within the rooming house as they become vacant.  Use of a single lease will not convert a rooming house into a group living arrangement if the landlord or his agent maintains control over tenant replacement.

(1) Single Family Homes A single family home must contain at least five separately rented rooms to be considered a rooming house.

(2) Multi-Unit Properties A unit within a multi-unit property may be rented as a rooming house provided the rental unit to be rented as a rooming house contains at least four separately rented rooms.

(3) A landlord may not compel the tenants or sub-tenants to sign separate agreements in order to qualify as a rooming house if a single lease agreement remains in effect, or the tenants are living under a group living arrangement as defined by Chapter 10 of these regulations.  If the tenants and landlords agree, however, the parties may voluntarily choose to convert their tenancy from a group living arrangement with one lease agreement to a rooming house with multiple agreements if the unit otherwise qualifies.

(C) Exemption under B.M.C. 13.76.050F. (Owner-occupied duplex). If a property owner otherwise qualifies for an exemption under B.M.C. Section 13.76.050F., the property owner is entitled to claim that exemption if the other unit on the property contains four or fewer separately rented rooms.

(D) Disputes regarding rooming house designation.  A tenant who claims that a rental unit must be registered as a rooming house under this regulation may obtain review of the unit’s status by filing a tenant petition for rent withholding for non-registration as outlined in Regulation 522.  A landlord or tenant who disputes the landlord’s eligibility to establish the rental unit’s initial rental rate as allowed by the Costa-Hawkins Rental Housing Act (Civil Code Section 1954.50, et seq.) under this regulation may file a petition under Regulation 1018.

[Effective Date:  Nov. 21, 2011.]

 


404. Resident Managers

Where a person is employed as an on-site manager pursuant to B.M.C. section 12.48.100 (also known as a resident manager), and said person was a tenant at the same property prior to becoming a resident manager, and said person is lawfully terminated from the position, his or her status reverts to that of a tenant. The rent for the unit, in such a case, shall be set as no more than the rent ceiling in effect for that unit, provided however, that if the resident manager signed a waiver under Regulation 1274(B) during the period he or she was resident manager, that waiver shall be null and void. In addition to his or her rights as a tenant, said person shall be afforded all rights to which he or she is entitled to under State law, including all rights under Labor Code section 201.

[Effective Date: 06/06/97]

 


405. Group Living Arrangement; definition

For the purposes of Regulations 401, 402, and 1003, a "group living arrangement," other than a group living arrangement of an institution of higher education, is a situation in which a covered rental unit is rented or available for rent by two or more persons who share a common household including the use of common kitchen and bath facilities and, where rights of access to the various portions of the rental unit are determined by mutual agreement among the residents. An establishment such as a hotel, motel, inn, tourist home, rooming house, boarding house or dormitory, other than a dormitory of an institution of higher education, is not a group living arrangement notwithstanding the fact that the residents of the establishment may share common eating, cooking or sanitation facilities.

[Effective Date: 12/28/83; amended 05/09/84, amended & renumbered 04/05/99.]

 


406. Group Living Arrangement of an Institution of Higher Education; definition

For the purposes of Regulations 401 and 1003, a dormitory of an institution of higher education shall constitute a group living arrangement.

[Effective Date: 05/09/84, amended & renumbered 04/05/99.]

 


407. Institution of Higher Education; definition

For the purposes of Regulations 405, 406, and 408, an institution of higher education" is a post-secondary educational institution which is not operated for profit and is accredited by a national accrediting agency recognized by the United States Department of Education.

[Effective Date: 05/09/84, amended & renumbered 04/05/99.]

 


408. Dormitory of an Institution of Higher Education; definition

For the purposes of Regulations 406 and 407, a "dormitory of an institution of higher education" is a rental unit owned and operated by an institution of higher education for occupancy by students, faculty, administrators, or others affiliated with the institution, and which is rented or available for rent by two or more persons who share a common household including the use of common living and bath facilities.

[Effective Date: 05/09/84, amended & renumbered 04/05/99.]

 


409 - 499 (RESERVED)

 


501- 502 Reserved

 


503. Definition of Principal Residence

(A) Background and Purpose. Like many of the exemptions listed in Berkeley Municipal Code Section 13.76.050, the exemptions identified in Berkeley Municipal Code Sections 13.76.050F. and 13.76.050G. (Sections 5(f) and 5(g) of the Ordinance) are transitory.  A landlord may not claim an exemption pursuant to Sections 5(f) or 5(g) of the Ordinance unless the landlord occupies a unit on the property as his/her principal residence at the time the landlord asserts or claims the exemption.

(B) “Person” limited to “natural person.”  Only a natural person may claim principal residence in a unit when claiming an exemption under Sections 5(f) or 5(g) of the Ordinance.  For purposes of this Regulation, “person” shall mean only a “natural person.”  A successor in interest is not entitled to the exemptions in either Sections 5(f) or 5(g) of the Ordinance merely because a previous landlord claimed entitlement to one of these exemptions.  A bank, corporation, or other business entity may never claim a unit as exempt under Sections 5(f) or 5(g) of the Ordinance as such entities are not natural persons.

(C) Principal residence, as used in Sections 5(f) and 5(g) of the Ordinance, is that dwelling place where the person actually resides a majority of the time.  For the purpose of this Ordinance, a person may have only one principal residence.

(D) In the determination as to the principal residence status of the dwelling place, the following factors shall be considered:

(1) whether the person carries on basic living activities at the dwelling place;

(2) whether the person maintains another dwelling and, if so, the amount of time that the person spends at each dwelling place;

(3) whether the person has filed for and obtained a homeowner's exemption for the dwelling place;

(4) whether the person is a registered voter at the dwelling place;

(5) other relevant factors.

[Effective Date:  11/26/80; renumbered 04/09/99; added new sections A and B, and enumerated  sub-section identifiers of new Section D (previously A through D) 06/17/13.]

 


504. Transient Units

A rental unit in an establishment such as a hotel, motel, inn, tourist home, or rooming or boarding house, shall be presumed to be rented primarily to transient guests and exempted from the Ordinance if all of the following facts exist:

(A) The establishment is properly licensed as a hotel, motel, inn, tourist home, rooming or boarding house, or similar establishment and said usage is lawful under the zoning laws of the City of Berkeley;

(B) The unit has been continuously occupied by its current occupant(s) for less than 14 days;

(C) The current occupant(s) of the unit have continuously resided in the property for less than 14 days. For purposes of this regulation, the term property shall be defined as set forth in Section 4(h) of the Ordinance;

(D) The occupancy is subject to the hotel tax; and

(E) The unit has been occupied by persons described in (B) through (D) above, for at least 184 days in the 12-month period immediately preceding September 1 of each year and/or has been vacant and available for rent to transient guests for 184 days.

[Effective Date: 10/27/82, renumbered 04/05/99.]

 


505. Non-Transient Units

A rental unit in an establishment such as a hotel, motel, inn, tourist home, or rooming or boarding house, shall be presumed to be rented primarily to non-transients and subject to the provisions of the Ordinance if:

(A) The occupancy is not subject to the hotel tax; or

(B) The current resident(s) have continuously resided in any unit on the property for at least 14 days.

[Effective Date: 10/27/82; renumbered 04/05/99.]

 


506. Changes in Status of Transient Unit

If a unit becomes subject to the provisions of the Ordinance by virtue of Regulation 505, it shall be registered within 60 days as set forth in Section 8(I) of the Ordinance. If thereafter the unit becomes vacant and is rented to a transient, it shall be exempt for the period of time of such transient occupancy.

During such period of exemption, the provisions of the Ordinance relating to limitations on rents and eviction controls shall not apply. When the unit is again occupied by a nontransient, the rent must revert to the level which would have been lawful under the Ordinance had the unit continuously been occupied by a nontransient. A unit which is subject to the Ordinance need only be registered once each year regardless of the number of times its status changes.

[Effective Date: 10/27/82; renumbered 04/05/99.]

 


507. Posting of Rents for Non-Transient Occupancy

The maximum lawful rent for non-transient occupancy shall be posted in a readily visible place in each unit subject to registration by virtue of these regulations. Such posting shall be done on a form approved or provided by the Board.

[Effective Date: 10/27/82; renumbered 04/05/99.]

 


508. Exemption for Certain Single Family Residences

(A) Effective July 1, 1999, the following single-family residences shall be exempt from the terms of Berkeley Municipal Code Section 13.76.080 [Rent Registration]; Section 13.76.100 [Establishment of Base Rent Ceiling and Posting]; Section 13.76.110 [Annual General Adjustment of Rent Ceilings] and Section 13.76.120 [Individual Adjustment of Rent Ceilings - except as it relates to the recovery of security deposits]:

(1) A single-family residence that first became subject to the Rent Ordinance on or after January 1, 1996.

(2) As of January 1, 1999, a single family residence for which a new tenancy began on or after January 1, 1996 except where:

(a) The preceding tenancy was terminated by the landlord by notice pursuant to Section 1946 of the Civil Code or was 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; or

(c) The dwelling 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.

(B) 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 but does not include a condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value as provided in Civil Code section 1954.52(a)(3)(B)(ii).

(C) Except as provided in this regulation, single-family residences remain subject to the terms of the Rent Ordinance, including Berkeley Municipal Code Section 13.76.070 [Security Deposits] and Section 13.76.130 [Good Cause Required for Eviction].

[Effective Date: 4/23/99; revised Section (B) added lines after.. Professions Code.. 1/24/02]

 


509-520 RESERVED

 


521. Procedure for Claiming Exemption

(A) The landlord of any rental unit claimed to be exempted from the provisions of the ordinance shall inform the Board of the nature of the claimed exemption and the specific facts upon which the landlord relies in support of the exemption. The landlord shall supply such further information and documentation as the Executive Director or his or her designee may require to investigate and verify the claimed exemption. The landlord and all tenants of unit shall be notified in writing of the exemption determination.

(B) If the Executive Director, or his or her designee, determines that the unit is subject to the ordinance and the landlord disagrees, the landlord may within 15 days of the determination, file a request for hearing on exemption status. The hearing shall be conducted in accordance with the rules for hearing regarding nonregistration of units.

[Effective Date: 05/23/84; renumbered 04/05/99.]

 


522. Procedure for Challenging Exempt Status

The tenant of a unit which has been determined to be exempt by the Executive Director, or his or her designee, may at anytime obtain review of the unit's exemption status by filing a tenant petition for rent withholding for non-registration. Such a petition shall not be granted if the property was previously held to be exempt after a landlord-initiated hearing on exemption status was held unless it can be shown that there has been a material change in the facts after the first hearing was held, or that the information supplied by the landlord in support of the exemption was false.

[Effective Date: 05/23/84; renumbered 04/05/99.]

 


523. When Exemption Must Be Claimed or Verified

(A) Where the claimed exemption is based upon the grounds set forth in subsections C., E., F. and G. of Section 5 of the Rent Ordinance [B.M.C. §§13.76.050], the exemption need not be claimed or verified each year. However, if the facts that gave rise to the exemption cease to exist, the landlord shall register the unit in accordance with Section 8.i. of the Ordinance within 60 days after the unit becomes subject to the Ordinance.

(B) Where the claimed exemption is based upon subsections B. or D. of Section 5 of the Rent Ordinance [B.M.C. §§13.76.050], the exemption must be claimed and verified on an annual basis.

(C) Where the claimed exemption is based upon subsection I of Section 5 of the Rent Ordinance [B.M.C. §§13.76.050]., the exempt status of the unit need only be claimed and verified once.

(D) Where the claimed exemption is based upon Regulation 508, the Board will determine the exemption before July 1 of each year, by referring to the Vacancy Registrations filed with the Board, and will notify the landlord and the tenant. Either party can object to the determination by following the procedure set forth in Regulations 521 or 522.

(E) Nothing in this Chapter shall prevent the Executive Director or his or her designee from investigating and reviewing the status of any unit claimed to be exempt or previously found to be exempt if there is reason to believe that the claimed exemption is not supported by the facts or has been obtained as a result of falsely supplied information.

[Effective Date: 05/23/84; amended & renumbered 04/05/99.]

 


524. Tenant in Occupancy.

(A) In accordance with the purposes of the Rent Stabilization Ordinance, to address the city of Berkeley's Housing Crisis, the rent ceiling limitations of Berkeley Municipal Code Section 13.76.110 and Section 13.76.120 apply only to a rental unit that is occupied by a "tenant in occupancy," which is an individual who otherwise meets the definition of tenant set forth in Berkeley Municipal Code Section 13.76.040.I and who occupies the unit as his or her primary residence. Rental units that are kept primarily for secondary residential occupancy, such as a pied-a-terre or vacation home, or primarily for non-residential use, such as storage, commercial, or office use, are not subject to the rent ceiling limitations of Berkeley Municipal Code Sections 13.76.110 and 13.76.120.

(B) Occupancy as a primary residence does not require that the individual be physically present in the unit at all times or continuously, but the unit must be the tenant's usual place of return. Evidence that a unit is the individual's "primary residence" includes, but is not limited to, the following elements:

(1) the individual carries on basic living activities at the subject premises for extended periods;

(2) the individual does not maintain another dwelling or, if the individual does maintain another dwelling, the amount of time that the individual spends at each dwelling place;

(3) the subject premises are listed as the individual's place of residence on any motor vehicle registration, driver's license, voter registration, or with any other public agency, including Federal, State and local taxing authorities;

(4) utilities are billed to and paid by the individual at the subject premises;

(5) all of the individual's personal possessions have been moved into the subject premises;

(6) a homeowner's tax exemption for the individual has not been filed for a different property;

(7) the individual is enrolled as a student or is a member of the faculty at an institution of higher education in the San Francisco Bay Area;

(8) the subject premises are the place the individual normally returns to as his/her home, exclusive of military service, hospitalization, vacation, family emergency, Peace Corps service, academic sabbatical, travel necessitated by employment or education, or other reasonable temporary periods of absence.

(C) A tenant who is enrolled as a student or is a member of the faculty or staff at an accredited institution of higher education in the San Francisco Bay Area may qualify as a tenant in occupancy notwithstanding his or her having another residence to which he or she will ultimately return.

(D) If an individual rents two units in the same building and resides in one of the units as a primary residence, the second unit shall qualify as a tenant in occupancy unit if it is used primarily for residential storage of the personal property of the individual.

[Effective Date: 05/22/03]

 


525. Procedure for Challenging Tenant in Occupancy Status.

(A) The landlord of any rental unit who seeks a determination that the unit is not being occupied by a tenant in occupancy may file a petition on a form provided by the Board. The petition shall include a brief explanation of the basis for the petition, including a statement that the unit is not occupied by any subtenants. (See Regulation 1013 (O) and California Civil Code Section 1954.53 (d) et. seq. for the status of units occupied by subtenants, where the original occupant(s) no longer permanently reside(s) in the unit.) Proof that the petition has been served on all tenants claiming a right to possession of the unit shall be submitted with the petition. Service shall be by personal service or service by mail to the unit and any other address provided to the owner by the tenant in writing. Concurrent with or anytime after the filing of the petition, the landlord may give legal notice of a rent increase that exceeds the limitations of Berkeley Municipal Code Section 13.76.110 and Section 13.76.120, however, the noticed increase shall remain inoperative until a decision is rendered on the landlord's petition.

(B) Petitions filed under this section shall be expedited so that a hearing on the petition is held within 30 days of filing and a decision rendered within 30 days of the hearing. The parties shall be given at least 15 days notice of the hearing.

(C) Except as provided in subsection (B), proceedings on petitions filed under this section shall be conducted according to all provisions of Chapter 12, Subchapter B. A determination that a tenant is not a tenant in occupancy must be supported by a preponderance of the evidence presented to the hearing examiner. If the owner makes a prima facie showing that the unit is not continuously occupied by the individual as a residence, the burden of proving that the unit is the usual place of return and not a secondary residence or used primarily for commercial, office, or storage, except as provided in Section 524 (D), shall shift to the tenant. If the hearing examiner determines that the tenant is not a tenant in occupancy, any rent increase noticed by the landlord shall become effective on the date specified in the notice or the date on which rent is next due following service of the hearing examiner's decision, whichever is later.

[Effective Date: 05/22/03]

 


526 - 599 (RESERVED)

 


601. Adoption, Amendment and Repeal of Regulations

It is the purpose of this article to establish basic minimum procedural requirements for adoption, amendment or repeal of Rent Stabilization Board Regulations. The provisions of this article shall not be superseded or modified by any subsequently adopted regulation except to the extent that such regulation shall do so expressly.

 


602. First and Second Readings and Effective Date of Regulation or Repeal

(A) There shall be a first and second reading of all proposed regulations and orders of repeal. At any meeting at which a proposed regulation has been placed on the agenda for second reading, the Board may adopt, amend, or repeal the regulation. Except as provided in Regulation 608, a regulation of an order or repeal shall become effective upon publication under Regulation 607 unless a later date is prescribed in the regulation or order. This subsection shall not apply to the adoption of any Annual General Adjustment.

(B) Prior to the first or second reading, the Board may make changes to a proposed regulation and may adopt the proposed regulation with the changes following the second reading without having to notice additional readings of the proposed regulation.

[Revised Regulation 603 effective April 19, 1991.]

 


603. Notice of Proposed Action

For any proposed revision of a regulation which the Board, in its discretion, determines that public comment should be solicited, the Board may direct that notice of the proposed revisions be given in the following manner:

(A) Mailed to every person who has filed a written request for notice of regulatory actions with the Board.

(B) When appropriate in the judgment of the Board, mailed to any person or group of persons whom the Board believes to be interested in the proposed action.

(C) Published in one or more newspapers serving the City of Berkeley in such form and manner as the Board shall prescribe.

The failure to mail notice to any person as provided in this section shall not invalidate any action taken by the Board pursuant to this article.

[Revised Regulation 603 effective April 19, 1991.]

 


604. (RESERVED)  [Regulation 604 rescinded effective April 19, 1991.]

 


605. Hearing

The Board may, in its discretion, choose to hold a formal or informal public hearing concerning proposed adoption, amendment or repeal of a regulation. If a public hearing is held, statements, arguments, or contentions, either oral or in writing, or both shall be permitted. If the Board elects not to hold a public hearing, Board may, afford any interested person or his or her duly authorized representative, the opportunity to present statements, arguments or contentions in writing.

[Revised Regulation 605 effective April 19, 1991.]

 


606. (RESERVED) [Regulation 606 rescinded effective April 19, 1991.]

 


607. Publication of Regulations

Within five (5) business days of the adoption, amendment or repeal of any regulation, the Board shall cause to be published in one or more newspapers serving the City of Berkeley, a concise summary of the regulation or repeal order. The Board may, in its discretion, cause the entire text of the regulation or repeal order to be published.

 


608. Emergency Regulations and Orders of Repeal

(A) The provisions of Regulations 602 through 606 shall not apply to an emergency regulation or order of repeal adopted pursuant to this subdivision.

(B) If the Board makes a finding that the adoption of a regulation or order of repeal is necessary for the immediate preservation of public peace, health and safety or general welfare, the regulation or order of repeal may be adopted as an emergency regulation or order of repeal. Any finding of an emergency shall include a written statement which contains a description of the specific facts showing the need for immediate action. The enactment of an urgency statute or ordinance shall not, in and of itself, constitute a need for immediate action.

(C) The emergency regulation or order of repeal shall become effective upon adoption by the Board notwithstanding the provisions of Regulation 602 or upon any later date specified by the Board as part of the regulation or order of repeal.

(D) No regulation or order of repeal adopted as an emergency action shall remain in effect for more than 180 days unless the Board has complied with Regulations 602 through 605, inclusive, prior to the adoption of the emergency regulation or order of repeal, or has, within the 180 day period, completed the regulation adoption or repeal process by formally adopting the emergency regulation or order of repeal or any amendments thereto, pursuant to the provisions of Regulations 602 through 605.

(E) In the event an emergency regulation is adopted as an amendment to an existing regulation, upon failure of the Board to comply with subdivision (D), above, the regulation as it existed prior to such emergency amendment shall thereupon become effective.

(F) In the event a regulation is originally adopted as an emergency regulation and the Board fails to comply with subdivision (d), above, such failure shall constitute repeal of said regulation.

(G) In the event an order of repeal is originally adopted as an emergency order of repeal and the Board fails to comply with subdivision (D), above, the regulation as it existed prior to such emergency order of repeal shall thereupon become effective.

(H) The Board shall make reasonable efforts to notify the public and local media of the pendency of any emergency regulation or order of repeal prior to the adoption thereof.

[Revised Regulation 608 effective April 19, 1991.]

 


609 - 630 (RESERVED) [Regulation 630 rescinded effective April 19, 1991.]

 


631. Effective Date of Rules and Regulations

Rules and regulations adopted by the Board shall become effective on the date of publication under Regulation 607, unless a later date is specified by the Board.

[Revised Regulation 631 effective April 19, 1991.]

 


632. Application of New Regulations and Amendments to Existing Regulations to Actions Pending Before the Board

Unless otherwise stated, all newly adopted regulations and amendments to existing regulations shall apply to all petitions and appeals pending before the Board at the time of adoption or amendment.

[Effective April 10, 1992.]

 


633 - 689 (RESERVED)

 


690. Litigation by Commissioner

(A) Litigation v. Rent Stabilization and Eviction for Good Cause Ordinance. Any Commissioner of the Berkeley Rent Stabilization Board who is a plaintiff or petitioner in any court action challenging the validity or seeking to enjoin the enforcement of any part of the Rent Stabilization and Eviction for Good Cause Ordinance shall be deemed to have breached his or her public trust of office and to have thereby faithfully indicated an inability to faithfully discharge her or his duties and responsibilities as a Commissioner.

(B) Suspension. Upon a finding by the Board that any member is a plaintiff or petitioner in any court action prohibited by this rule, the Board shall immediately suspend said Commissioner from the Board, with such suspension subject to review and rescission by the City Council. If the suspended Commissioner is not present when the Board suspends, said Commissioner shall be promptly notified in writing of said suspension.

(C) Right to Hearing. Any Commissioner suspended pursuant to this rule has a right to request in writing a hearing before the Board, at which the suspended Commissioner may ask the Board to reinstate said Commissioner or rescind the suspension. The hearing shall be held within 15 days of receipt of the written request, and a final decision shall be made within 15 days of the hearing. The Board shall make every effort to expedite the hearing process by holding the hearing at its earliest opportunity at the request of the suspended Commissioner, particularly where the litigation status of the suspended Commissioner is the reason for the request for reinstatement. At the hearing, the suspended Commissioner shall have the right to be represented by counsel or a representative, to present evidence and make arguments.

(D) Rescission of Suspension. If, after the hearing, or at any subsequent hearing, the Board concludes that it incorrectly found that the suspended Commissioner was a plaintiff or petitioner to a court action prohibited by this rule, the Board shall immediately rescind the suspension.

(E) Reinstatement. If, after the hearing, or at any subsequent hearing, the Board finds that the suspended Commissioner is no longer a plaintiff or petitioner to any such prohibited court action, and that said Commissioner will be able to faithfully discharge the duties and responsibilities of being a Rent Stabilization Board Commissioner, the Board shall reinstate said member. In making this determination, the Board shall consider all evidence and factors relevant to said Commissioner's involvement in the litigation.

(F) Plaintiff or Petitioner. For purposes of this rule, a Commissioner shall be deemed to be a plaintiff or petitioner to a court action if the Commissioner is:

(1) a named plaintiff or petitioner;

(2) a general partner in a partnership which is named plaintiff or petitioner;

(3) an officer or director in a corporation or unincorporated association which is a named plaintiff or petitioner; or

(4) a trustee of a trust which is a named plaintiff or petitioner.

(G) Effective Date. This rule shall take effect immediately upon approval by a majority of the Board and the City Council after it is publicized by the Board.

[Effective Date: November 3, 1980.]

[Original policy adopted 9/30/80. Modified and approved by City of Berkeley Council on 10/14/80. Adopted by the Board on October 29, 1980.]

 


691 - 699 (RESERVED)

 


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