1118. ANNUAL GENERAL ADJUSTMENT ORDER FOR 1996
(A) In accordance with Section 11 of the Rent Stabilization and Eviction for Good
Cause Ordinance as amended and Board Regulation 1100, the Rent Stabilization Board hereby
adjusts the 1996 Rent Ceilings (exclusive of temporary increases in rent ceilings such as capital
improvements) upward by 1% of the 1995 Permanent Rent Ceilings, i.e., the rent ceilings
exclusive of temporary increases, for all units covered by the Ordinance.
The 1996 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.
(B) Rent Ceilings adjusted pursuant to this Order may not be rounded to the nearest
dollar amount.
(C) The adjustments granted by this Order shall become effective on January 1, 1996,
provided the landlord is otherwise entitled to the adjustment pursuant to the provisions of the
Ordinance and this Order.
(D) 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 increases 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 1996 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.
[The 1996 AGA Order adjusts rent ceilings upward by an amount equal to 1%
of the 1995 Permanent Rent Ceiling, i.e., the lawful rent exclusive of any
capital improvement or other temporary rent increases. ]
Your rent will increase ______________ pursuant to the 1996 AGA 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.)
Advice concerning this Notice and the rental history of the unit is
available from the Rent Stabilization Board Public Information Unit, 2125
Milia Street, Berkeley, California 9:00 a.m. - 4:30 p.m., weekdays,
644-6128.
____________________ _________________________________________________
Date Property Owner/Manager
(E) 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.
(F) 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.
(G) No rent increase pursuant to this Order shall be effective if the landlord:
(1) 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
(2) demands, accepts, receives or retains any payment in excess of the maximum
allowable rent for the unit permitted by the Ordinance; or
(3) has failed to comply, after order of the Board, with any provisions of the
Ordinance and/or orders or regulations of the Board concerning the affected rental unit; or
(4) has failed to bring the 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); or
(5) has failed to make repairs as ordered by the housing inspection services of the
City of Berkeley.
(H) 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 October 1, 1995 for which the
landlord fails to register.
(I) A landlord who is ineligible to raise rents under this general adjustment for an entire
calendar year shall be able to raise rents under this adjustment in future years upon compliance
with Board Regulation 1278 or 1278.5.
1119 - 1199 (RESERVED)
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