Rent Stabilization Board
Rent Stabilization Board

1111. Annual General Adjustment Order For 1990

(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 the 1987 Rent Ceilings (exclusive of temporary increases in rent ceilings such as capital improvements1) upward by $16.00 for all units covered by the Ordinance, setting the rent ceilings for such units at a level of $16.00 greater than the 1989 rent ceilings.

The 1989 rent ceiling is defined as the base rent ceiling established in Section 10 of the Ordinance plus any adjustment of the base rent ceiling granted by the Board.

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

(3) The adjustments granted by this Order shall become effective on January 1, 1987, provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the Ordinance and this Order.

(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 be in the following form:


     Thirty Day Notice of Rent Increase

This notice is provided pursuant to the 1990 Annual General Adjustment (AGA) Order of the Rent Stabilization Board.

Tenant's name:  _______________________________________________________

Street address: ___________________________________  Unit No. _________   

The present rent on your unit is $ ___________ per month.  Your rent will increase ____________ pursuant to the 1990 AGA Order, which granted a $16.00 rent increase.

Your new rent will be $ _________ per month beginning __________________  (This date must be at least 30 days after service of the Notice of Rent Increase.)

Advice concerning this Notice and the rental history of the unit is available from the Rent Stabilization Board Public Information Unit, 2100 Milvia Street, Berkeley, California 9:00 a.m. -- 4:30 p.m., weekdays, 644-6128.

_________________________    _________________________________________
     Date                                               Property Owner/Manager


(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 in 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 any rental unit on the property 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 regulations of the Board concerning the affected rental unit;

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

(E) has failed to make repairs as ordered by the housing inspection services of the City of Berkeley;

(F) has failed to annually return the interest on security deposits to the tenant(s) as required by Section 7 of the Ordinance; or

(G) has failed to comply with the notice of rent increase requirements of Section 4 of this Order.


1112. ANNUAL GENERAL ADJUSTMENT ORDER FOR 1991

(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 the 1990 Rent Ceilings (exclusive of temporary increases in rent ceilings such as capital improvements) upward by four percent or $17.00, whichever is greater, for all units covered by the Ordinance, setting the rent ceilings for such units at a level of four percent or $17.00 (whichever is greater) greater than the 1990 rent ceilings.

For purposes of calculating the new rent ceiling, the 1990 rent ceiling is defined as the base rent ceiling established in Section 10 of the Ordinance plus any permanent adjustment of the base rent ceiling granted by the Board. Regulations 1101(2), 1103(2), 1104(3), 1106(3), 1107(3), 1108(2), 1110(2), and 1111(2) permitted, but did not require, that rent ceilings adjusted pursuant to the order be rounded to the nearest dollar amount. For purposes of construing these prior annual general adjustments, whenever the order permitted rounding, it shall be assumed that any fraction of a dollar of fifty cents or more was rounded up and that any fraction of a dollar of forty-nine cents or less was not rounded down. It is the intent of this paragraph to minimize confusion about the exact amount of the rent ceiling established by this order and to incorporate the computations used in certification proceedings into this order.

(2) Rent ceilings adjusted pursuant to this Order shall not be rounded to the nearest dollar amount.

(3) The adjustments granted by this Order shall become effective on January 1, 1991, provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the Ordinance and this Order.

(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. Where a new tenancy is established on or after December 1, 1990, the annual general adjustment may be established as a term of the new tenancy, without the necessity for a separate notice.

Each notice to a tenant of a rent increase pursuant to this Order shall be in the following form:


 Thirty Day Notice of Rent Increase 

This notice is provided pursuant to the 1991 Annual General Adjustment (AGA) Order of the Rent Stabilization Board.

Tenant's name:  ______________________________________________________

Street address: _______________________________________ Unit No. ________

The present rent on your unit is $ ___________ per month.  Your rent will increase __________ pursuant to the 1991 AGA Order, which granted a four percent or $17.00 rent increase, whichever is greater.

Your new rent will be $ __________ per month beginning ___________________ (This date must be at least 30 days after service of the Notice of Rent Increase.)

Advice concerning this Notice and the rental history of the unit is available from the Rent Stabilization Board Public Information Unit, 2100 Milvia Street, Berkeley, California 9:00 a.m. -- 4:30 p.m., weekdays, 644-6128.

_______________________    ___________________________________________
         Date                                       Property Owner/Manager


(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 in such unit in the rental agreement, the lower rent specified in the rental agreement shall be the lawful rent until the rental agreement expires and the tenant is given thirty days written notice of a rent increase. 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 lawful rent.

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

(A) has failed to register any rental unit on the property 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 regulations of the Board concerning the affected rental unit;

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

(E) has failed to make repairs as ordered by the housing inspection services of the City of Berkeley;

(F) has failed to annually return the interest on security deposits to the tenant(s) as required by Section 7 of the Ordinance; or

(G) has failed to comply with the notice of rent increase requirements of Section 4 of this Order.

(8) The amount of this general adjustment for which the landlord shall be eligible shall decrease by ten percent (10%) for each month beyond December 1, 1990 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 except as provided in Regulation 1278.

(10) Notwithstanding subparagraph (7), (8) and (9) above, a landlord who was ineligible for an annual general adjustment may subsequently become eligible by coming into full compliance by December 31, 1991. If the date of full compliance is more than one year after January 1, 1991, a landlord who qualifies under Regulation 1278 may establish eligibility for restoration of the annual general adjustment in the petition process under Regulation 1278.


1113. 1991 Inflation Adjustment Order

(1) The purpose of this regulation is to comply with the principles set forth in Searle v. City of Berkeley Rent Stabilization Board, Court of Appeal No. 638429-8 (July 18, 1990) and to restore to owners of Berkeley rental property erosion of their net operating incomes caused by inflation, without requiring each owner to file and pursue an individual petition, while at the same time protecting tenants, particularly low-income tenants, from unnecessarily high rent increases.

(2) In accordance with the Rent Stabilization and Eviction for Good Cause Ordinance as amended by the Tenants Rights Amendments Act of 1982 and the purposes stated in subsection (A), the Rent Stabilization Board hereby adjusts the 1991 rent ceilings (exclusive of temporary increases in rent ceilings such as capital improvements and exclusive of increases under Regulation 1280) upward by an amount calculated as follows, for all units covered by the Ordinance. The increase amount shall be the May 31, 1980 lawful rent ceiling, multiplied by .45, provided that:

(a) The amount shall be reduced to avoid double-counting resulting from any rent increase previously approved to increase net operating income based on the Consumer Price Index under Regulation 1264, and shall be further adjusted to take account of any changes which such a Regulation 1264 increase caused in the amount of rent adjustments occurring after the Regulation 1264 increase; and

(b) The increase shall be phased in as provided in Regulation 1274.

For purposes of calculating the new rent ceiling, the 1991 rent ceiling is defined as the base rent ceiling established in Section 10 of the Ordinance plus any permanent adjustment of the base rent ceiling granted by the Board (except increases under Regulation 1280). Regulations 1101(2), 1103(2), 1104(3), 1106(3), 1107(3), 1108(2), 1110(2), and 1111(2) permitted, but did not require, that rent ceilings adjusted pursuant to the order be rounded to the nearest dollar amount. For purposes of construing these prior annual general adjustments, whenever the order permitted rounding, it shall be assumed that any fraction of a dollar of fifty cents or more was rounded up and that any fraction of a dollar of forty-nine cents or less was not rounded down. It is the intent of this paragraph to minimize confusion about the exact amount of the rent ceiling established by this order and to incorporate the computations used in certification proceedings into this order.

(3) Rent ceilings adjusted pursuant to this order shall be rounded to the nearest dollar amount. Amounts of fifty cents or more shall be rounded up; amounts of forty-nine cents or less shall be rounded down.

(4) The adjustments granted by this order shall become effective on November 1, 1991, provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the Ordinance and this order.

(5) The upward general adjustment in rent ceilings 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) notice in accord with state law. Where a new tenancy is established on or after October 1, 1991 the increase may be imposed as a term of the new tenancy, without the necessity for a separate notice. Prior to January 1, 1992, increase amounts may be calculated and the increase imposed without prior action by the Board, provided that:

(a) The rental amount shall be subsequently reduced if necessary to equal the amount stated in subsequent notice given by the Board:

(b) The landlord agrees that, if subsequent notice given by the Board provides for a smaller increase amount, the tenant may withhold the amount overpaid from future payments of rent, without further Board action; and

(c) In any case where a tenant gives notice to the landlord and the Board, consistent with Regulation 1274 and this regulation, that Regulation 1274(C) applies to limit the amount of the increase, the amount of the increase prior to January 1, 1992 and the amount of the increase on and after January 1, 1992 shall be limited pursuant to the applicable provisions of Regulation 1274(C)(1).

(d) For increases taken prior to January 1, 1992, the amount of the increase shall be calculated on a worksheet furnished or approved by the Board, and the landlord shall file with the Board a copy of the rent increase notice to the tenant(s) and the completed worksheet. In a case where the lawful rent ceiling has been previously increased in order to adjust net operating income based on the Consumer Price Index, the worksheet shall provide for an appropriate reduction in the amount of the increase.

Each notice to a tenant of a rent increase pursuant to this order shall be substantially in the following form:


Thirty Day Notice of Rent Increase

This notice is provided pursuant to the 1991 Inflation Adjustment Order of the Rent Stabilization Board.

Tenant's name:  _________________________________________________________

Street address: _________________________________________________________

The present rent on your unit is $ _____________ per month.  Your rent will increase by ______________ pursuant to the 1991 Inflation Adjustment Order.

Your new rent will be $ _____________ per month beginning ______________.  (This date must be at least 30 days after service of the Notice of Rent Increase.)

The amount of the increase was calculated as shown on the attached worksheet, which has been completed on a form provided by the Rent Stabilization Board.  If the worksheet shows an amount as the "Balance of Searle Increase", that balance can go into effect as an additional increase in six months.  You must receive separate notice for the remainder of the increase to go into effect.

We agree that, if the Rent Board later gives notice providing for a smaller increase for your unit, you may withhold from future rent the full amount you have overpaid based on this notice.

Under Regulation 1274, you are entitled to further limit your rent increase if your household includes a qualifying lower-income person and your rent otherwise would be more than 30% of your household income. If you believe you qualify, you must notify us and the Rent Board within 20 days of this notice. If you do so, your rent will now increase under the order only by 10% of its current amount (10% of your present rent is), to $___________________ .

Advice concerning this notice and the rental history of the unit is available from the Rent Stabilization Board Public Information Unit, 2100 Milvia Street, Berkeley, CA, 9:00 a.m. - 4:30 p.m., weekdays, 981-7368. 

_____________________    _________________________________________ 
Date                                           Property Owner/Manager


(e) For increases taken on or after May 1, 1992 other than annual increases permitted under Regulation 1274(c), the notice of rent increase pursuant to this order shall be substantially in the following form:


Thirty Day Notice of Rent Increase

This notice is provided pursuant to the 1991 Inflation Adjustment Order of the Rent Stabilization Board.

Tenant's name:  _______________________________________________________

Street address: _______________________________________________________

The present rent on your unit is $ _________ per month.  Your rent will increase by $ ___________ .  This increase represents all or part of the balance of the increase permitted under the 1991 Inflation Adjustment Order (Regulation 1113) which has not been previously imposed.  The maximum amount of the increase was determined by the Rent Stabilization Board and stated in a Notice of Apparent Maximum Lawful Rent Ceiling prepared for your unit and mailed to you by the Board. If you did not receive such a Notice, you may request a copy from the Board. 

Your new rent will be $ ____________ per month beginning _______________ .  (This date must be at least 30 days after service of the Notice of Rent Increase.)

Under Regulation 1274, you are entitled to limit your rent increase if your household includes a qualifying lower-income person and your rent otherwise would be more than 30% of your household income.  If you believe you qualify, you must notify us and the Rent Board within 20 days of this notice.

Information concerning this notice and the rental history of the unit is available from the Rent Stabilization Board Public Information Unit, 2100 Milvia Street, Berkeley, CA, 9.00 a.m. - 4:30 p.m. weekdays, 644-6128.

___________________    ________________________________________________  
       Date                               Property Owner/Manager


(6) Landlords are not required under the Ordinance and/or this order to increase rents at all or by the full amount of the adjustment granted in this order. Adjustments authorized by this regulation shall be added to rent ceilings effective November 1, 1991 whether or not the landlord increases rents. Implementation of the increased ceilings shall remain subject to Regulation 1274.

(7) If the maximum allowable rent specified under this order for a rental unit is greater than the maximum rent allowed for such unit in the rental agreement, the lower rent specified in the rental agreement shall be the lawful rent during the period for which the rental agreement specifies a lower rent. 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 lawful rent.

(8) No rent increase pursuant to this order shall be effective if the landlord:

(a) has failed to register any rental unit on the property 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 regulations of the Board concerning the affected rental unit;

(d) has failed to bring any rental 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 materially affect the health and safety of tenant(s);

(e) has failed to make repairs as ordered by the housing inspection services of the City of Berkeley; or

(f) has failed to annually return the interest on security deposits to the tenant(s) as required by Section 7 of the Ordinance.

(9) A landlord who is ineligible to raise rents under this adjustment for an entire calendar year shall be able to raise rents under this adjustment in future years upon cure of the relevant condition(s) listed in subparagraph 8.

[Revised Regulation 1113 effective March 20, 1992]


Return to Chapter 11: Contents 

Home | Web Policy | Text-Only Site Map | Contact Us
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
TTY: (510) 981-6903
###