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Rent Stabilization Board
Rent Stabilization Board

1274. Limit on Individual Increases

(A) Purpose

The purpose of this regulation is to protect tenants from substantial rent increases which are not affordable, and which may force such tenants to vacate their homes and result in consequences contrary to the stated purposes of the Ordinance, namely, to maintain the diversity of the Berkeley community, to preserve the public peace, health and safety, and advance the housing policies of the City with regard to low and fixed income persons, minorities, students, handicapped and the aged.

(B) Rent Increase Limit

Notwithstanding any other provision of this chapter, the implementation of a rent ceiling increase shall be limited each year as follows:
15% of the rent ceiling on the date the petition is granted, before any awarded increase is added.
If the amount of any rent increase granted under these regulations exceeds this limit, any portion in excess of the annual limit shall be deferred to the subsequent year, to take effect on the anniversary of the decision. Where the subsequent year’s increase exceeds the annual limit, the remainder shall be deferred again, until the entire increase has taken effect. 

The rent increase limit of this subsection (B) does not apply to the following situations:
1. Annual General Adjustments granted by the Board;

2. Landlord and tenant agreements to an increase schedule which exceeds these limits;

3. Units which are or become vacant, where the vacancy was voluntary or the result of an eviction for any of the good causes listed in Section 13 of the Ordinance except for 13(a)(8), 13(a)(9), or 13(a)(10);

4. Rent increases granted for an increase in the number of tenants under Regulation 1270;

5. Temporary rent adjustments granted under Regulation 1281 in cases where the Board finds that a different implementation schedule is appropriate.
[As amended December 26, 1992 and December 5, 1997; amended 9/19/19]

 

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