Rent Stabilization Board
Rent Stabilization Board

 1100. Conditions for Taking Annual General Adjustments

(A) No rent increase in the rent ceiling for a rental unit pursuant to an Annual General Adjustment shall be effective for the period of time in which the landlord:

(1) has failed to register a rental unit on the property with the Board;

(2) has demanded, accepted, received or retained rent in excess of the lawful rent ceiling for the affected unit;

(3) has failed to comply with any order of the Board concerning the affected unit;

(4) has failed to bring the affected unit into compliance with the implied warranty of habitability; or

(5) has failed to pay interest on security deposits for the affected unit as required by Section 7 of the Ordinance.

(B) Under California Civil Code Section 1947.7, certain owners may obtain previously lost AGA's. In order to regain them, an owner must file a petition. The Rent Stabilization Board will determine the owner's eligibility under Regulation 1278.

[Amendments effective November 3, 1995; December 6, 2004 eliminating former Subsection (A)]


1101. Annual General Adjustment Order for 1981

(1) In accordance with Section 11 of the Rent Stabilization and Eviction for Good Cause Ordinance, the Rent Stabilization Board hereby adjusts the rent ceilings upward by five percent (5%) for all rental units covered by the Ordinance, setting rent ceilings for such units at a level of five percent (5%) greater than the Base Rent Ceiling established in Section 10 of the Ordinance. Further, where the cost of space heating to individual rental units is paid in full by the landlord, the Board hereby adjusts rent ceilings for such units upward by an additional one and two-tenths percent (1.2%), setting rent ceilings for such units at a level six and two tenths percent (6.2%)greater than the Base Rent Ceiling established in Section 10 of the Ordinance.

(2) Rent ceilings adjusted pursuant to this Order may be rounded to the nearest dollar amount.

(3) The upward general adjustment granted in this Order does not automatically provide for a rent increase. Rent increases pursuant to this Order shall become effective only after the landlord gives the tenant(s) at least thirty (30) days prior notice of such rent increases and the notice period expires.

(4) Landlords are not required under the Ordinance and/or this Order to increase rents at all or by the full amount of the general adjustment granted in this Order.

(5) No rent increase for a rental unit pursuant to this Order shall become effective if the landlord has continued to:

(A) fail to register the unit in accordance with Section 8 of the Ordinance and/or orders or regulations of the Board.

(B) demand, accept, receive or retain any payment in excess of the maximum rent for the unit permitted by the Ordinance;

(C) fail to comply, after order of the Board, with any provisions of the Ordinance and/or orders or regulations of the Board;

(D) fail to bring the unit into compliance with the implied warranty of habitability. Such compliance means the unit substantially complies with the City of Berkeley's building, housing and health codes which affect the health and safety of tenant(s).

(6) If the maximum rent allowed for a unit by the Ordinance and this Order is greater than the rent specified in the rental agreement for such unit, the lower rent specified in the rental agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified for a rental unit under the Ordinance and this Order is less than the rent specified for such unit in the rental agreement, the lower rent specified under the Ordinance and this order shall be the maximum allowable rent.


1102. Banking of General Adjustments

(1) For 1981:

(A) Rents may be increased pursuant to the General Adjustment Order for 1981 at any time after adoption of the order in conformity with the requirements set forth in the Order.

(B) Any change in this policy shall be announced 90 days before it becomes effective.

[Effective Date: December 26, 1980]

(2) For 1982:

(A) Rents may be increased pursuant to the General Adjustment Order for 1982 at any time after adopting of this Order in conformity with the requirements set forth in the Order.

(B) Any change in this policy shall be announced 180 days before it becomes effective, and registered owners shall be noticed by mail.

[Effective Date: November 29, 1981]


1103. Annual General Adjustment Order for 1982

(1) In accordance with Section 11 of the Rent Stabilization and Eviction for Good Cause Ordinance, the Rent Stabilization Board hereby adjusts rent ceilings upward nine percent (9%) for all rental units covered by this Ordinance, setting rent ceilings for such units at a level nine percent (9%) greater than the 1981 Rent Ceiling.

Further, where the cost of gas and electricity including space heating for individual units is paid in full by the landlord, the Board hereby adjusts rent ceilings for such units by an additional:

           $4.00 per month for studio units;
           $7.00 per month for one bedroom units;
           $9.00 per month for two bedroom units;
           $10.00 per month for three bedroom units;
           $12.00 per month for four bedroom units;
           $16.00 per month for single family houses having at least three bedrooms

thus setting rent ceilings at nine percent (9%) greater than the 1981 rent ceiling plus the appropriate gas and electricity adjustment amount.

Further, where the owner defers imposition of the annual general adjustment for 1982 specified above, the Board hereby adjusts the rent ceilings for such units by an additional one percent (1.0%) of 1981 rent ceiling for each year of such deferral. This additional adjustment shall be prorated in exact proportion to the period of such deferral. Thus, the rent ceilings for such units shall be set at a level greater than the 1981 rent ceilings by the amounts specified in this subsection.

The 1981 rent ceiling is defined as the Base Rent Ceiling established in Section 10 of the Ordinance plus adjustments granted by the Board.

(2) Rent ceilings adjusted pursuant to this Order may be rounded to the nearest dollar amount.

(3) The upward general adjustment granted in this Order does not automatically provide for a rent increase. Rent increases pursuant to this order shall become effective after the landlord gives the tenant(s) at least thirty (30) days prior written notice of such rent increases and such rent increases and the notice period expires.

(4) Landlords are not required under the Ordinance and/or this order to increase rents at all or by the full amount of the general adjustment granted in this Order.

(5) No rent increase for a rental unit pursuant to this Order shall become effective if the landlord has continued to:

(A) fail to register the unit in accordance with Section 8 of the Ordinance and/or orders or regulations of the Board.

(B) demand, accept, receive or retain any payment in excess of the maximum allowable rent for the unit permitted by the Ordinance;

(C) fail to comply, after order of the Board, with any provisions of the Ordinance and/or orders or regulations of the Board;

(D) fail to bring the unit into compliance with the implied warranty of habitability. Such compliance means the unit substantially complies with the City of Berkeley's building, housing and health codes which affect the health and safety of tenant(s).

(6) If the maximum rent allowed for a unit by the Ordinance and this Order is greater than the rent specified in the rental agreement for such unit, the lower rent specified in the rental agreement shall be the maximum allowable rent for the term specified by agreement. If the maximum allowable rent specified for a rental unit under the Ordinance and this Order is less than the rent specified for such unit in the rental agreement, the lower rent specified under the Ordinance and this Order shall be the maximum allowable rent.


1104. Annual General Adjustment Order for 1983

(1) In accordance with Section 11 of the Rent Stabilization and Eviction for Good Cause Ordinance as amended by the Tenants Rights Amendments Act of 1982, the Rent Stabilization Board hereby adjusts rent ceilings upward by four and seventy-five one-hundredths percent (4.75%) for all rental units covered by the Ordinance, setting the Rent Ceilings for such units at a level four and seventy-five one-hundredths percent (4.75%) greater than the 1982 Rent Ceilings.

Further, where the cost of common area electricity or gas, electricity or gas in an individual unit, or space heating in an individual unit is paid by the landlord, the Board hereby adjusts rent ceilings upward for such unit by an additional twenty-five one-hundredths of one percent (0.25%), setting the Rent Ceiling s for such units at a level five percent (5%) greater than the 1982 Rent Ceilings.

The 1982 Rent is defined as the Base Rent Ceiling established in Section 10 of the Ordinance plus adjustments by the Board.

(2) The adjustments granted by this Order shall become effective on January 1, 1983, provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the Ordinance and this Order.

(3) Rent ceilings adjusted pursuant to this Order may be rounded to the nearest dollar amount.

(4) The upward general adjustment granted in this Order does not automatically provide for a rent increase. Rent increases pursuant to this Order shall become effective only after the landlord gives the tenant(s) at least thirty (30) days' written notice of such rent increases and the notice period expires.

Each notice to a tenant of a rent increase pursuant to this Order shall include the landlord's written certification that he or she is in compliance with the provisions of this Order and the Ordinance. THE NOTICE AND CERTIFICATION SHALL BE ON A FORM APPROVED BY THE BOARD.

(5) Landlords are not required under the Ordinance and/or this Order to increase rents at all or by the full amount of the general adjustment granted in this Order.

(6) If the maximum allowable rent specified under this Order for a rental unit is greater than the rent specified for such unit in the rental agreement, the lower rent specified in the rental agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified under this Order for a rental unit is less than the rent specified for such unit in the rental agreement the lower rent specified under this Order shall be the maximum allowable rent.

(7) No rent increase pursuant to this Order shall be effective if the landlord:

(A) has failed to register the unit in accordance with Section 8 of the Ordinance and/or orders or regulations of the Board; or

(B) demands, accepts, receives or retains any payment in excess of the maximum allowable rent for the unit permitted by the Ordinance; or

(C) has failed to comply, after order of the Board, with any provisions of the Ordinance and/or orders or regulations of the Board; or

(D) has failed to bring the unit into compliance with the implied warranty of habitability. Such compliance means the unit substantially complies with the City of Berkeley's building, housing and health codes which affect the health and safety of tenant(s); or

(E) has failed to make repairs as ordered by the Housing Inspection Services of the City of Berkeley; or

(F) has failed to place security deposits in an interest-bearing account as required by Section 7 of the Ordinance or has failed to annually return the interest to the tenants as required by Section of the Ordinance.

(8) If the landlord has failed to register completely by September 1, the amount of this general adjustment for which the landlord shall be eligible shall decrease by ten percent (10%) per month for each month beyond December 1 for which the landlord fails to register.

(9) A landlord who ineligible to raise rents under this general adjustment for an entire calendar year shall not be eligible to raise rents under this general adjustment in future years.

(10) Should any expense component underlying this general adjustment be finally declared invalid by a court of competent jurisdiction, the amount of this adjustment and the Rent Ceilings established pursuant thereto shall be reduced by the percentage increase attributable to said expense component. The Board shall, by regulation, specify the time and manner of any such reduction so as to implement this provision in an orderly fashion.

(11) Should any expense component underlying this general adjustment be finally ordered refunded to landlords by a court of competent jurisdiction, the amount of this adjustment attributable to said expense component shall be refunded to tenants who have actually paid said component. The Board shall specify by regulation the timing and manner of any such refund. Landlords shall maintain records which will enable them to determine the amount of this adjustment paid by each tenant.

Should a tenant vacate a covered unit, the landlord shall maintain a record of the tenant's last known address and any forwarding addresses provided by the tenant. The Board may, by resolution, terminate this record-keeping requirement upon certification by the Rent Stabilization Board Program Chief that said records need not be retained.

Should it be impossible for a landlord to locate a former tenant, the Board shall, by regulation, specify the proper disposition of any refund to which the tenant is otherwise entitled.


1105. Annual General Adjustment Order for 1984

Pursuant to the provisions of Section 11 of the Rent Stabilization and Eviction for Good Cause Ordinance, as amended, the Rent Stabilization Board has considered setting and adjusting the rent ceiling for all rental units covered by the Ordinance.

The Board has determined that the lawful rent ceilings established in the Annual General Adjustment Order for 1983 remain in effect for 1984. There shall be no increase or decrease in the rent ceiling for any covered unit in 1984 except pursuant to the Individual Rent Adjustment process set forth in Section 12 of the Ordinance and the applicable regulations.

In the absence of any Individual Rent Adjustment Order a landlord may not charge more than the lawful rent ceiling for any covered unit in 1983. Security, cleaning and other deposits may not be increased for existing tenants.


1106. Annual General Adjustment Order for 1985

(1) In accordance with Section 11 of Rent Stabilization and Eviction for Good Cause Ordinance as amended by Tenants Rights Amendment Act of 1982, the Rent Stabilization Board hereby adjusts Rent Ceilings upward by 2% for all rental units covered by the Ordinance, setting the Rent Ceilings for such units at a level 2% greater than the 1984 Rent Ceilings.

The 1984 Rent Ceiling is defined as the Base Rent Ceiling established in Section 10 of the Ordinance plus adjustments granted by the Board.

(2) The adjustments granted by this Order shall become effective on January 1, 1985, provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the Ordinance and this Order.

(3) Rent Ceilings adjusted pursuant to this Order may be rounded to the nearest dollar amount.

(4) The upward general adjustment granted in this Order does not automatically provide for a rent increase. Rent increases pursuant to this Order shall become effective only after the landlord gives the tenant(s) at least thirty (30) days' prior written notice of such rent increase and the notice period expires.

Each notice to a tenant of a rent increase pursuant to this Order shall include the landlord's written certification that he or she is in compliance with the provisions of this Order and the Ordinance. THE NOTICE AND CERTIFICATION SHALL BE ON A FORM APPROVED BY THE BOARD.

(5) Landlords are not required under the Ordinance and/or this Order to increase rents at all or by the full amount of the general adjustment granted in this Order.

(6) If the maximum allowable rent specified under this Order for a rental unit is greater than the rent specified for such unit in the rental agreement, the lower rent specified in the rental agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified under this Order for a rental unit is less than the rent specified for such unit in the rental agreement, the lower rent specified under this Order shall be the maximum allowable rent.

(7) No rent increase pursuant to this Order shall be effective if the landlord:

(A) has failed to register the unit in accordance with Section 8 of the Ordinance and/or order or regulations of the Board; or

(B) demands, accepts or receives or retains any payment in excess of the maximum allowable rent for the unit permitted by the Ordinance; or

(C) has failed to comply, after order of the Board, with any provisions of the Ordinance and/or orders or regulations of the Board; or

(D) has failed to bring the unit into compliance with the implied warranty of habitability. Such compliance means the unit substantially complies with the City of Berkeley's building, housing and codes which affect the health and safety of tenant(s); or

(E) has failed to place security deposits in an interest-bearing account as required by Section 7 of the Ordinance or has failed to annually return the interest to the tenants as required by Section 7 of the Ordinance or has failed to annually return the interest to the tenants as required by Section 7 of the Ordinance.

(8) If a landlord has failed to register completely by September 1, the amount of this general adjustment for which the landlord shall be eligible shall decrease by ten percent (10%) per month for each month beyond December 1 for which the landlord fails to register.

(9) A landlord who is ineligible to raise rents under this general adjustment for an entire calendar year shall not be able to raise rents under this adjustment in future years.


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