Guide to Rent Control in Berkeley Chapters 4 through 6
(updated for December 2010)
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Chapters 1 through 3 Table of Contents
4. Subletting and Replacing Roommates
To sublet or sublease is to rent part of the premises to another person for all or part of the lease term, or to rent all of the premises to another for a portion of the lease term. Thus, a form of sublet exists where the original (or "master") tenant takes in a roommate whose name is not on the lease and who pays rent to the master tenant, or where the master tenant rents the unit to another during the master tenant's absence. A master tenant remains obligated to the landlord to comply with the lease requirements. A master tenant taking in a roommate may not charge more than an amount substantially proportional to the space occupied by the subtenant (Regulation 1003(C)), and a master tenant subletting the entire premises may not charge a subtenant more than the rent lawfully due and payable to the landlord (Regulation 1003(B)).
A tenant may sublet a unit if the lease does not specifically prohibit subleasing. If the lease provides that subletting is allowed subject to the landlord's approval, the landlord may withhold consent only when he or she has a reasonable objection to the proposed subtenant. The proposed subtenant's financial responsibility or prior rental history are examples of reasonable objections.
Caution: Where specifically prohibited by the terms of the lease, a non-occupying master tenant's subletting of the entire premises may be a violation of the lease and grounds for eviction. If you have questions about whether a lease allows subletting, you should seek legal advice.
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A landlord generally must allow an original tenant to replace a roommate whose occupancy was authorized under the lease. If the lease requires the landlord's approval of a sublet, the landlord may object to a replacement tenant only if the landlord has a reasonable basis for doing so. If a landlord unreasonably objects to replacement of a vacating roommate, the remaining tenant may petition the Board for a rent reduction. (See Regulation 1270(C).) A landlord does not have good cause to evict a tenant who replaces a roommate without the landlord's consent if the landlord unreasonably withholds consent to a subtenant, the tenant remains in the unit, and the number of occupants in the unit does not exceed the number of occupants originally allowed by the rental agreement, or the Board's regulations, whichever is greater. (B.M.C. section 13.76.130.A.2.) A landlord who forces remaining tenants to vacate the unit by refusing to allow a replacement roommate is not entitled to a vacancy increase, because the vacancy was not voluntary.
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A question often arises regarding when a landlord may implement a vacancy increase under Costa-Hawkins where several tenants rent a unit together, and are gradually replaced over time by new roommates. The unit may never be entirely vacant during these changes in occupancy. The new roommates are considered subtenants of the original occupants as long as they do not sign a lease or rental agreement with the landlord, and the landlord may increase the rent when the unit is occupied only by subtenants who did not live there before 1996. Thus, a landlord may implement a vacancy increase (i.e., establish a new initial rent) by giving 30 days' written notice if (1) there has been a complete turnover of original occupants; (2) none of the remaining occupants lawfully resided in the unit before January 1, 1996; (3) none of the remaining occupants has signed a lease or rental agreement with the landlord; and (4) the landlord has not accepted rent after receiving written notice from the last original occupant that he or she has moved out or will be moving out permanently. (Regulation 1013(O).) (Thus, if the subtenants hide the fact that the last original occupant has permanently vacated the unit, the landlord's acceptance of rent does not constitute a waiver of the right to implement a vacancy increase.) The landlord may defer the imposition of a vacancy increase for up to six months after receiving written notice of the last original occupant's departure, by agreeing in writing with the remaining tenants to do so.
When the landlord lawfully imposes a vacancy increase, the tenants at that time become a new set of "original" occupants to which the same rules regarding a vacancy increase will apply.
Under Regulation 1013(O)(5), where a landlord rents a unit and places only one tenant's name on the lease, but authorizes more than one tenant to occupy the unit, all tenants who occupy the unit within one month, with the landlord's express or implied permission, are considered "original occupants." This covers situations where a landlord interviews several prospective tenants, orally accepts a group of them, but has only one tenant sign the lease; and where a landlord has a lease with a single master tenant, who is allowed to sublet to several roommates. In either case, the landlord is not entitled to raise the rent simply because the signing tenant or master tenant moves out permanently.
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5. Security Deposits - State and Local Law
Civil Code section 1950.5 regulates residential security deposits. (Search California Civil Code for 1950.5.) A landlord is authorized to deduct from a tenant's security deposit only the amount that is reasonably necessary to (1) cover rent defaults, (2) repair damages a tenant or a tenant's guest caused other than normal wear and tear, (3) do necessary cleaning (for tenancies beginning after January 1, 2003, defined as the amount of cleaning needed to return the unit to the same level of cleanliness as at the beginning of the tenancy), and (4) if allowed by the lease, cover the cost of restoring or replacing personal property (including keys) or furniture, excluding ordinary wear and tear.
At a reasonable time after either party gives notice that the tenancy is being terminated or before the expiration of the lease, the landlord must notify the tenant in writing of the tenant's right to request an initial inspection of the unit and to be present at the inspection. The purpose of the inspection is to identify needed cleaning for the tenant to perform before moving out so as to avoid deductions from the security deposit. The landlord has no duty to make an initial inspection if the tenant does not request one. If an inspection is requested, it should occur at a mutually agreed upon time no earlier than two weeks before the tenancy is to end. If a time cannot be agreed upon, the tenant may either cancel the inspection or allow the inspection to proceed in his or her absence. The landlord must give 48 hours' prior written notice of the inspection, unless the tenant waives this requirement in writing.
Immediately after the inspection, the landlord must give the tenant (or leave in the unit if the tenant is absent) an itemized list of repairs and cleaning that need to be done to avoid authorized deductions. The notice must include the text of Civil Code section 1950.5, subdivision (b) (setting forth authorized deductions from the security deposit, listed above). The tenant may then, before the end of the tenancy, remedy the identified deficiencies. The landlord may use the deposit for authorized deductions that were itemized in the statement but not cured, arose after the initial inspection, or were not identified during the inspection because they were concealed by the tenant's possessions.
Within three weeks after the tenant (or tenants) leave the unit vacant2, the landlord must (1) furnish the tenant with a written statement itemizing the amount of and purpose for which any part of the security was claimed and used; and (2) return any remaining portion of the security to the tenant.
If more than $125 is deducted from the deposit for cleaning and repairs together, the landlord must attach to the itemized statement copies of documents showing the charges and costs incurred to clean and repair the unit. If the landlord or his or her employee did the work, the statement must describe the work performed, the time spent, and the reasonable hourly rate charged. If another person or company did the work, the landlord must provide their name, address, and telephone number, and a copy of their bill, invoice or receipt for the work. A deduction for materials or supplies must include a copy of a bill, invoice or receipt.
The tenant may waive the documentation requirement in writing, but even so, the tenant may, within 14 days of receiving the landlord's itemized statement, request any omitted documentation, and the landlord must provide it within 14 days of receiving the request.
If, within 21 days of the unit being vacated, necessary repairs cannot reasonably be completed, or if a service provider does not make the documentation available, the landlord may deduct an amount based on a good faith estimate of the charges, and provide the required documentation within 14 days of completing the repairs or obtaining the documentation.
All mailings to the tenant after the tenancy ends must be sent to the tenant's new address. If the tenant did not furnish a new address, the mailings must, by law, be sent to the tenant at the vacated address. Therefore, to avoid the risk that the deposit is not forwarded from the old address to the new, tenants are urged to leave the landlord a new address when moving. A tenant who does not receive the refund and accounting within three weeks, or disputes the amount claimed by the landlord, may sue the landlord for the disputed amount (in Small Claims Court if the amount is less than $5,000) and up to twice the amount of the deposit for the "bad faith retention" of (i.e., the unreasonable refusal to return) any security. In court, the landlord has to prove the reasonableness of any amounts retained.
A security deposit for a residential rental unit is defined as any payment, fee, deposit or charge, that is imposed at the beginning of the tenancy as an advance payment of rent, or to be used for any purpose, including recovering rent defaults, repairing damages caused by the tenant, or cleaning. This does not include an application or screening fee, which must not exceed $30. Money paid as the first month's rent isn't considered a security deposit, but money paid in excess of the first month's rent (including that which is called "last month's rent") is considered part of the deposit. Generally, a security deposit may not exceed two times the monthly rent for an unfurnished unit or three times the monthly rent for a furnished unit. It is unlawful for a lease or rental agreement to make a security deposit non-refundable.
A landlord who sells a rental property must either: (1) transfer the deposit to the new landlord; or (2) return the deposit to the tenant.
In either case, the selling landlord may deduct any proper amounts for lawful claims, and must supply the tenant with an itemized accounting of the amounts deducted and the supporting documentation described above. If the seller transfers all or part of the deposit to the new landlord, the seller must also notify the tenant of the transfer, and the new landlord's name, address, and telephone number. All notices must be delivered to the tenant by first-class mail or personal delivery. If the deposit is not refunded or transferred, both the former and current landlords are jointly liable to the tenant for the whole amount.
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The provisions of the Rent Stabilization Ordinance and the Regulations governing interest on security deposits (B.M.C. section 13.76.070; Regulations 701 - 706) apply to all units that are required to be registered and to some units that are exempt from the Ordinance's registration requirements. Such units include: those constructed after 1980, single-family residences described in Regulation 508, units owned or leased by the Berkeley Housing Authority, and units rented to federal Section 8 participants.
A recent Ordinance amendment requires landlords to hold security deposits in a fiduciary capacity for the benefit of tenants. The deposits are deemed to accrue simple interest at the rate of the average interest rates paid on six-month certificates of deposit. Landlords must return interest accrued through October 31st of each year to the tenants every December as a cash payment or rent rebate. By November 15th of each year, the Board will publicize the interest rate to be applied in December, which will be based on the average for the 12 months ending November 1st. After the tenant has vacated the premises, along with the appropriate part of the security deposit, a landlord must pay the tenant the balance of any interest accrued at the average monthly rate from the prior November 1st to the departure date. The Board will publish each month's applicable interest rate. You can determine the interest due on your deposit after you move out by using the Rent Board's security deposit interest calculator on our website.
A tenant who has not received a refund of security deposit interest by January 10 for the preceding calendar year may, after giving the landlord 15 days' advance written notice of intent to do so, deduct interest at the rate of 10 percent simple interest per year, from the rent. The landlord may instead refund the interest at the 10 percent rate before the deduction is to be made. (Regulation 704.)
Landlords may not increase the amount of the security deposit for any tenant during the term of the tenancy, even if the rent ceiling increases during the term. (Regulation 705.) An exception is allowed for the landlord to collect an additional security deposit for allowing a pet or pets in the unit, where pets were previously prohibited. Nonetheless, the total deposit held still cannot exceed two times the monthly rent for an unfurnished unit and three times the rent for a furnished unit.
A tenant who does not receive a security deposit refund or accounting within three weeks of moving out may either sue the landlord in court or file a petition with the Board to recover the amount allegedly owed. (Go to Petitions and Forms for more information.) Each forum has its advantages and drawbacks. Unlike small claims court, there is no fee to file a petition, and a Rent Board hearing is less formal than a court proceeding. However, if a landlord refuses to comply with a Rent Board hearing examiner's decision ordering a security deposit refund, the tenant will have to go to court to enforce the Rent Board's decision. Also, unlike a court, the Rent Board is not authorized to award damages for "bad faith" retention of the security deposit.
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Evictions are governed primarily by state law, but the Rent Stabilization Ordinance imposes additional requirements. Evictions are complex proceedings; a landlord must follow state and local law to the letter to successfully evict a tenant. Furthermore, a landlord’s failure to follow certain procedures may entitle a tenant to substantial damages. Rent Stabilization Board counselors are available to help parties understand their rights and responsibilities, but they do not provide legal advice to landlords or tenants regarding eviction proceedings in court. Landlords and tenants are strongly urged to obtain legal advice before filing an eviction action or contesting an eviction attempt. Consult the Other Sources page on our website for referrals and publications.
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The Ordinance imposes the following requirements (see B.M.C. section 13.76.130 B, C and D) in addition to state law procedures for evictions:
In the notice to quit or notice of termination, and in the summons and complaint (the lawsuit to evict):
- The landlord must specify one or more of the good causes for eviction listed below.
- The landlord must allege compliance with B.M.C. section 13.76.080 (registration) for all covered units on the property (compliance means that all registration fees are paid and all registration forms are completed and filed), and with B.M.C. section 13.76.110 (lawful rent levels).
- The landlord must allege substantial compliance with the implied warranty of habitability (no serious repair problems) for all covered units on the property.
The landlord must file with the Rent Stabilization Board a copy of the notice to quit or notice of termination, and of the summons and complaint, within ten days of the date they are given to the tenant(s).
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The “good cause for eviction” provisions of the Ordinance (B.M.C. section 13.76.130) apply to most rental units in Berkeley, including some units that are exempt from registration with the Board or from rent ceiling controls, such as: those constructed after 1980, single-family residences described in Regulation 508, units owned or leased by the Berkeley Housing Authority, and units rented to federal Section 8 participants.
“Good cause” is any one of the following:
1. The tenant fails to pay rent to which the landlord is legally entitled, after receiving a notice to pay or move out within a period not less than three days (also known as a 3-day Notice to Pay or Quit).
2. After a written request to stop the violation, the tenant continues to violate a material term of the original rental agreement or a new provision that was mutually and voluntarily agreed to. However, a landlord may not evict a tenant for violating a subletting prohibition if: (1) the landlord has unreasonably withheld consent to the subtenancy; (2) the tenant still lives in the unit; and (3) the number of total occupants does not exceed the number originally allowed by the rental agreement or the Board's regulations, whichever is greater.
3. The tenant willfully causes or allows substantial damage to the rental unit to occur, and refuses to pay or make sufficient repairs after being asked in writing to do so.
4. On the expiration of a fixed term lease, the tenant refuses to sign a new lease that is substantially identical to the expired one.
5. The tenant continues to disturb the peace and quiet of other occupants after receiving a written request to stop.
6. The tenant, after receiving a written request to cease, refuses to allow the landlord access to the rental unit during normal business hours to show, inspect or make repairs on the unit after receiving at least 24 hours' written notice.
7. The landlord must bring the unit into compliance with the Housing Code by making substantial repairs that cannot be made while the tenant lives there. (See additional requirements below.)
8. The landlord has received a permit to demolish the unit.
9. The owner of at least a 50 percent recorded interest in the property, or such an owner's spouse, parent, or child, wishes to occupy the rental unit as their principal residence and there is or was, for 90 days before the tenant was given notice to vacate, no vacant comparable unit available on any property owned by the landlord in Berkeley. (See additional conditions in the Owner move-in section below.)
10. An owner or lessor wishes to move back into a rented or sub-leased unit as permitted in the rental agreement with the current tenant(s).
11. A tenant refuses to vacate temporary housing offered by the landlord after repairs to the tenant's prior unit have been completed.
12. A tenant engages in unlawful activity on the premises.
The sale of property, the expiration of a rental agreement, or a change in the federal Section 8 status of a unit do not constitute "good cause" for eviction.
Foreclosure on a property does not automatically mean that the tenants must move. Despite what lenders and other successor owners may say, tenants are entitled to remain in the property unless there is good cause to evict. Foreclosure is not one of the good causes listed in the Rent Ordinance. See the discussion of "good cause" above and consult a Rent Board counselor for more information.
The City's ordinance governing conversions of property to condominiums and tenancies-in-common (TICs) includes substantial protections for sitting tenants. Most significantly, the good cause for eviction provisions of the Rent Ordinance will apply, so most tenants in converted properties will not be required to move. An owner planning to convert a rental unit to a condominium must notify the tenant of their rights to: 1) continue to rent the unit, even if converted, and 2) purchase the unit, if they wish. A tenant in a unit converted to a TIC may be evicted only if an owner of a 50 percent or more interest, or the owner's qualifying relative, will occupy the unit. See the discussion of "good cause" above and consult a Rent Board counselor for more information.
Before giving a tenant notice to vacate to perform substantial repairs, the owner must obtain all necessary permits. If, from the time notice is given until the tenant leaves the unit, the owner has other vacant units in Berkeley, one of these units must be offered to the tenant to occupy temporarily or permanently. If the repairs can be completed in 60 or fewer days and the tenant honors a written agreement to vacate the unit at no cost to the landlord (other than the abatement of rent during the repair period), the tenant cannot be evicted. Finally, the tenant must be given the option to re-occupy the rental unit once the repairs have been completed.
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Owner move-in (Measure Y). The Ordinance prohibits evictions for owner or relative occupancy where either: (1) the tenant has lived on the property for 5 or more years and the landlord has a 10% or greater ownership interest in 5 or more residential units in Berkeley, or (2) the tenant is at least 60 years old or disabled, has lived on the property for 5 or more years, and the landlord has a 10% or greater ownership interest in 4 residential units in Berkeley. If all the landlord’s units are limited by the above, an eviction for the owner or relative to move in is permitted where: the landlord has owned the property for 5 years and is at least 60 years old or disabled, or the landlord’s relative is at least 60 years old or disabled.
The landlord must include, in the notice of termination, information about all Berkeley residential properties in which he or she has a 10% or greater ownership interest, and must always offer the tenant any unit that he or she owns in Berkeley that becomes available before the tenant vacates his or her unit.
The landlord must provide a $4,500 relocation assistance payment to any low-income household with at least one tenant who has resided in the unit for one year or more, if the tenant notifies the landlord and the Rent Board in writing, within 30 days of receiving the notice of termination of the tenancy, that he or she is claiming low-income tenant status for the household.
The landlord must give the terminated tenant the right to re-occupy the unit when the landlord or his or her relative moves out. Also, when the landlord or his or her relative moves out, the rent for the next tenant will be limited to the prior rent ceiling and intervening AGAs.
Finally, if a landlord rescinds a notice of termination or stops eviction proceedings for owner or relative move-in, and the tenant vacates within one year of the notice date, it is presumed that the tenancy terminated as a result of the notice, and the rent for the next tenancy will be limited to the prior rent ceiling and intervening AGAs. (Regulation 1016 .)
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Ellis Act. This state law (Government Code sections 7060 – 7060.7) allows landlords to evict tenants in order to remove units from the rental housing market. (Search California Government Code for Section 7060.) (A local ordinance, Berkeley Municipal Code Chapter 13.77, establishes specific procedures under the state law.) Generally, an owner must withdraw all units on a property in order to evict under the Ellis Act. Tenants must be given at least 120 days’ notice; the notice period is extended to one year for tenants who are disabled or 62 years of age or older. Previously, only low-income, elderly or disabled tenants were eligible for a relocation payment. Now all tenants evicted under Ellis are entitled to $8,700 in relocation monies, divided equally among all tenants in the unit, with an additional $5,000 to households whose tenancies began before January 1, 1999. Low-income, elderly and disabled tenants, and tenant households with minor children, who claim and prove their status are entitled to an additional relocation payment of $2,500. Displaced tenants may request the opportunity to re-occupy the unit, on substantially the same terms as during their former tenancy, if it is re-rented within ten years of the withdrawal date. This right to re-occupy applies only to the first re-rental within ten years.
When a landlord issues a notice of intent to withdraw rental units from the market under the Ellis Act, the rents for all units on the property will be regulated for the next five years, even if the landlord subsequently rescinds the Ellis notice. During this time, the rent ceiling may be increased only by Board-authorized rent adjustments; none of the rents may be increased to market level following a vacancy. After this five-year period, the landlord may be eligible for a rent increase to market level following a qualifying vacancy. (Civil Code section 1954.53(a).)
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Wrongful eviction. Under the Ordinance, if a landlord evicts a tenant to perform repairs or demolish the property, and the repair or demolition is not initiated within two months, or if the landlord’s claim was false or in bad faith, the tenant may sue to move back into the unit and be compensated for damages incurred. If the tenant can prove the landlord’s conduct was willful, the tenant can recover the greater of $750 or three times the actual damages. (B.M.C. section 13.76.150 B.)
Bad faith is presumed where a landlord evicts for owner or relative move-in, and the owner or relative does not move in within three months of the tenant’s vacancy, or does not occupy the unit as a principal residence for at least 36 continuous months. (B.M.C. section 13.76.130 A.9.g. ) Also, under state law, a tenant who can show an owner’s fraudulent intent not to reside in the property for at least six months may receive additional compensation. (Civil Code section 1947.10.) (Search California Civil Code for Section 1947.10.) If a unit that was withdrawn under the Ellis Act is re-rented within two years of the withdrawal date, displaced tenants may sue for damages resulting from their displacement; if the re-rental occurs more than two, but less than ten years from the withdrawal date, displaced tenants may sue for damages if the owner failed to offer them the opportunity to re-rent. (B.M.C. section 13.77.040.)
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Following is a chronological account of a typical eviction proceeding. Remember that the Rent Board does not provide legal advice about eviction lawsuits, and that the following process is governed by state law and subject to change.
The property owner gives the tenant a written three-day notice to quit (leave) or perform (e.g., pay rent or comply with the rental agreement); or a 30-day notice of termination for other good causes under the Rent Ordinance (60 days' notice is required if the tenancy has lasted more than one year); or a 120-day notice under the Ellis Act. Days are counted starting with the day after the tenant receives notice; if the last day falls on a Saturday, Sunday, or legal holiday, the tenant has until the following business day to vacate.
After a three- or thirty-day notice expires without the tenant having complied, the owner may file papers with the court, called a Summons and Complaint for Unlawful Detainer, which continue the eviction process.
A copy of the Summons and Complaint for Unlawful Detainer is served (delivered to) the tenant (usually by personal delivery).
The tenant has five days to file a written response with the court. Saturdays and Sundays are included in counting the five days, but court holidays are not. If the fifth day falls on a Saturday or Sunday, the response may be filed the next court day. (If the tenant fails to respond in writing to the Summons and Complaint within the required time, then the property owner will probably win by default.)
If the tenant has filed a written response, a date is set for a hearing before a judge, or a judge and jury. Both tenant and landlord appear in court to present their cases.
If Property Owner Wins at Trial or by Default: The owner is awarded possession of the property, and the tenant may be asked to pay back rent. If the tenant does not move voluntarily, the owner asks the court to issue a writ of possession, which authorizes the sheriff to evict the tenant. The sheriff serves a notice on the tenant to move within five days. If the tenant does not move, the sheriff will escort the tenant from the property. The tenant may not return to the property.
If the Tenant Wins: The tenant stays in the unit.
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A landlord may not retaliate against a tenant for exercising his or her rights under the Ordinance or other laws. “Retaliation” can take the form of attempting to evict the tenant, increasing rent, refusing to renew a lease, or threatening to do any of those things. Tenant actions protected by law include reporting housing code violations or filing a petition with the Rent Board. A landlord’s retaliatory motive is a defense to an eviction action.
“Self-help” evictions -- that is, forcing a tenant out of a unit without a court order -- are prohibited in California. It is illegal for a landlord to:
- remove exterior doors or windows,
- prevent a tenant’s access to the rental unit by changing the locks,
- remove a tenant’s personal property from the rental unit, or
- cut off utilities with the intent to deny the tenant use of the premises.
A landlord may not try to force a tenant to vacate a unit through theft, fraud or extortion, or by using, or threatening to use, force, threats, or menacing conduct that interferes with the tenant's right to quiet enjoyment of the premises. However, a warning given in good faith that a tenant’s conduct violates or may violate the lease or applicable laws, or an explanation of the lease terms or applicable law, is permissible.
A landlord may not demand or collect rent, or issue a notice of rent increase, or issue a three-day notice to pay rent or quit if all of the following conditions exist:
- The unit substantially lacks any of the standards of tenantability listed in Civil Code section 1941.1, contains lead hazards, or is deemed and declared substandard because a condition listed in Health and Safety Code section 17920.3 (e.g., lack of sanitation, pest infestation) endangers the life, health, property, safety, or welfare of the public or the unit’s occupants;
- The landlord has received a written citation directing him or her to abate the nuisance or repair the substandard conditions;
- The conditions have existed for more than 35 days after issuance of the citation and there is no good cause for the delay in repairing them; and
- The conditions were not caused by the tenant.
A tenant who is being evicted may assert, as a defense, that the landlord failed to provide a tenantable unit or breached the implied warranty of habitability. In addition, a landlord who tries to evict a tenant for nonpayment of rent where all of the above conditions exist is liable to the tenant for attorney’s fees and costs.
A tenant who is illegally evicted may sue to regain possession of the unit and for damages. A tenant should contact an attorney or tenants’ rights group if the landlord takes retaliatory action or attempts to force him/her out without going through the eviction process.
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Annual General Adjustments (AGA’s)
||5% OR 6.2% if owner paid for space heating
9% plus, if the owner paid for gas and electricity, including space heating, the following additional increases were authorized: $4 for studio; $7 for 1-bedroom; $9 for 2-bedroom; $10 for 3-bedroom; $12 for 4-bedroom; $16 for house with 3+ bedrooms. Rental property owners who deferred the 1982 rent increase are entitled to a banking bonus of an additional 1% for each year of deferral.
4.75% OR 5% if owner paid for electricity or gas
3% plus $2.50 per month
$25.00 per month OR $15.00 per month for residential hotels
3% OR 3.5% if owner paid for gas, electricity, or heating within the unit
$16.00 per month
4% or $17.00 per month, whichever is higher
1991 Inflation Adjustment Order (45% of the 5/31/80 rent (Searle Increase))
||$26.00 per month
||$20.00 per month
$18.00 per month
||1% not to exceed $8.00
$10, plus an additional $8 if the owner pays for all gas service to the rental unit*
3.5% or $30, whichever is less, plus an additional $9 if the owner pays for interior space heating to the rental unit*
||1%, plus an additional 3$, for units with new tenancies between 1/1/99 and 12/31/02; 1.5%, plus an additional 3$, for units with no new tenancies since 1/1/99.*
* AGAs for these years may not be implemented on any unit that had an initial rent established on or after January 1 of the previous year.
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||Annual General Adjustment (AGA), calculated according to the formula set forth in the Rent Ordinance, raises the lawful rent ceiling for eligible units
||Lawful Rent Ceiling Notices mailed to tenants and landlords
||Billing mailed to landlords for annual registration fee
||Payment due from landlords for annual registration fee
|Around October 31st
||Rent Stabilization Board publishes the Annual General Adjustment for the following year
|By November 15th
||Rent Stabilization Board publishes interest rate to be used in calculating interest on security deposits
||Information mailed to landlords and tenants concerning next AGA
|By December 1st
||Most landlords give 30-day notice of implementing the next AGA on January 1st
||Landlords must refund security deposit interest (as rent credit or cash payment)
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