Section 1.12 Annual Rent Increase
(Amended February 21, 1984; effective March 1, 1984; amended December 8, 1992; Subsection (b) amended August 20, 1996; amended June 10, 2008)
(a) Where a landlord is entitled to an annual rent increase to be effective from December 8, 1992 through February 28, 1993, the allowable amount of increase is 1.6%. Thereafter, the annual allowable increase determined by the Board shall become effective each March 1, and shall be no more than 60% of the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose region as published by the U.S. Department of Labor for the 12 month period ending October 31. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place, and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual increase be greater than seven percent (7%). The Rent Board shall publish the annual allowable increase amount on or about January 1. The published increase shall be determined only once for each 12 month period and shall remain in effect until the next scheduled recalculation.
(b) Where a landlord was entitled to an annual rent increase between March 1, 1992 and December 7, 1992, the allowable amount of increase is 4%. If a landlord did not impose the 4% increase to which the landlord was entitled during the period March 1, 1992 to December 7, 1992, the landlord may impose the increase at any time, even if two years have not elapsed since the effective date of the last annual increase.
(c) Where a landlord is entitled to an annual rent increase to be effective from December 8, 1992 through February 28, 1993, the allowable amount of increase is 1.6%. Any notice of rent increase which imposes only a 4% or less annual increase effective during the above period is lawful in the amount of 1.6%, and only that portion of the increase above 1.6% is null and void, provided that the increase is given in good faith without knowledge of the effective date of Proposition H. Nothing in this Regulation shall affect any banking rights that the landlord may have.
(d) For rent increases effective during the period December 8, 1992 through February 28, 1993, where a tenant has received a notice of increase in excess of the allowable amount but has not yet paid the requested amount, the notice shall be null and void. Nothing in this Regulation shall affect any banking rights that the landlord may have.