13.77.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set forth below.
A. "Owner" means only the holder of record title having the entire legal and equitable title to the property, or the successor in interest thereto. It shall not include the lessor, sublessor, agent or representative of the landlord. It is the intention of this chapter to permit only the "owner" as defined herein to have and exercise the privileges and responsibilities set forth in this chapter.
B. "Tenant" means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a tenant’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit and includes a former tenant displaced by the withdrawal of an accommodation from rent or lease.
C. "Accommodations" means either of the following:
1. The residential rental units in any detached physical structure containing four or more residential units.
2. With respect to a detached physical structure containing three or fewer residential rental units, the residential rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in subparagraph (1).
D. "Rent control" means the system of controls on residential rents and evictions established pursuant to the Rent Stabilization and Eviction for Good Cause Ordinance, including all amendments thereto, and any successor ordinance or charter provision regulating residential rents in Berkeley.
E. "Withdrawal" means the eviction of all tenants from all units on a particular property through compliance with the requirements of this chapter and implementing regulations. Such withdrawal results in a removal of rental units from the housing market under the terms and conditions set forth in this chapter, and as such is a limited form of removal by means other than conversion or demolition. To the extent that owners of withdrawn units desire to convert such units to other uses, including but not limited to condominiums, community apartments, stock cooperatives, other forms of owner-occupancy, or other change in use, or to permanently remove them from the rental housing market by demolition, or otherwise remove them by means other than withdrawal, such owners must obtain all required permits and approvals from the City in addition to complying with the provisions of this chapter.
F. "Low-income tenants" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in Health & Safety Code Section 50079.5. The City shall maintain and provide to owners and tenants information concerning current income levels which qualify tenants as "low-income" under this section.
G. "Disabled" means a person with a disability, as defined in Section 12955.3 of the California Government Code.
H. "Elderly" means a person who is 60 years of age or older.
I. "Minor child(ren)" means a person(s) who is 18 years or younger at the time the notice of withdrawal of accommodations is served. (Ord. 7012-NS § 1 (part), 2007: Ord. 6646-NS § 1, 2001: Ord. 6529-NS § 3, 2000: Ord. 6181-NS § 2, 1993: Ord. 5732-NS § 1 (part), 1986)