1. No less than 120 days prior to the date upon which the accommodation is to be withdrawn, the owner shall provide written notice to each tenant on the property of the owner’s intent to withdraw said accommodation. Said notice shall contain a statement that the accommodation is withdrawn, that all of the accommodations on the parcel are being withdrawn, the date upon which the accommodation is to be withdrawn, that the owner has paid all fees due the City or its designated agency pursuant to Section 13.77.070 of this chapter, and a statement that all "low-income," elderly or disabled tenants, and tenant households with minor children are entitled to relocation payment and the amount thereof pursuant to Section 13.77.055. The notice shall include a table clearly showing the low-income range for each household size up to eight people. The owner shall determine whether a member of the household of each unit can speak English and seek appropriate assistance in communicating the importance of the contents of the notice to any household whose members cannot speak English. The notice shall be served on each tenant by either personal service or certified mail, return receipt requested. It shall advise the tenant of the tenant’s rights to regain possession of the premises and to damages as set forth in Section 13.77.040 of this chapter. A copy of this notice shall be filed with the City or its designated agency. The notice shall be accompanied by stamped postcards addressed to the owner and the City or its designated agency by which the tenant can represent whether they qualify for relocation assistance. The notice shall be on forms approved by the City or its designated agency. A notice stating the owner’s intent to withdraw the accommodation from rent or lease shall not be valid unless the tenants of all of the units on the property are also served with notice that each of their units is to be withdrawn from rent or lease and unless all fees due the City or its designated agency pursuant to Section 13.77.070 of this chapter have been paid.

2. A notice of termination of tenancy having an effective date no earlier than 120 days after the date of service shall also be served on each tenant at the same time the notice stating the intent to withdraw the premises from rent or lease is served on the tenant.

3. Not less than 120 days prior to the date upon which the accommodations are to be withdrawn, the owner shall notify the City or its designated agency of the intention to withdraw those accommodations from rent or lease. The notice shall be on a form approved by the City or its designated agency, and shall contain statements, under penalty of perjury, providing information on the number of accommodations, the address or location of those accommodations, the name(s) of the tenant(s) of the accommodations and the rent applicable to each residential unit. The notice required to be filed by this subsection shall be maintained by the City or its designated agency in files other than those maintained pursuant to the Rent Stabilization and Eviction for Good Cause Ordinance. The information contained in the notice required by this subsection respecting the name(s) of the tenant(s), the rent applicable to any unit, or the total number of units, is confidential and shall be treated as confidential information for the purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. The City or its designated agency shall, to the extent required by the preceding sentence, be considered an "agency" as defined by subdivision (b) of Section 1798.3 of the Civil Code. However, nothing in this subsection shall be construed as making any information maintained by the Rent Stabilization Board pursuant to the Rent Stabilization and Eviction for Good Cause Ordinance confidential.

4. At the time the notice specified in Section 13.77.050A.3 is filed with the City or its designated agency the owner shall record with the County Recorder a memorandum of the notice required by Section 13.77.050A.3 summarizing its provisions, other than the confidential provisions, on a form approved by the City or its designated agency.

5. At the time notice is given to the City or its designated agency as required in Section 13.77.050A.3, the owner shall notify any tenant to be displaced that the City or its designated agency has been notified pursuant to Section 13.77.050A.3, that the notice specified the name of the tenant and the amount of rent paid by the tenant as an occupant of the accommodation and the amount of rent the owner specified in the notice to the City or its designated agency. The notice shall also contain a statement of the tenant’s rights to regain possession and to damages, in the event the accommodation is again offered for rent or lease, under Section 13.77.040 of this chapter. A copy of the notice shall be filed with the City or its designated agency with proof of service upon each tenant.

6. Not less than 120 days prior to the date upon which the accommodations are to be withdrawn, the owner shall provide two copies of a notice containing language substantially identical to the following: "I assert that I have lived in this unit at least one year prior to having been notified that I am to be evicted from this unit under the City of Berkeley’s Ellis Ordinance (BMC Chapter 13.77 et seq.). I further assert that I am a disabled person under the meaning of California Government Code Section 12955.3. It is my understanding that I am entitled to one year’s notice prior to surrendering this unit to its owner." With this notice, the tenant shall be enabled by the owner to assert to both the owner and the City that they are disabled.

7. Not less than 120 days prior to the date upon which the accommodations are to be withdrawn, the owner shall provide two copies of a notice containing language substantially identical to the following: "I assert that I have lived in this unit at least one year prior to having been notified that I am to be evicted from this unit under the City of Berkeley’s Ellis Ordinance (BMC Chapter 13.77 et seq.). I further assert that I am 62 years or older. It is my understanding that I am entitled to one year’s notice prior to surrendering this unit to its owner." With this notice, the tenant shall be enabled by the owner to assert to both the owner and the City that they are 62 years or older.

8. If the tenant or lessee is at least 62 years of age or disabled and has lived in their accommodations for at least one year prior to the date of delivery of the notice of intent to withdraw to the City, then the date of withdrawal of the accommodations of that tenant or lessee shall be extended to one year after the date of delivery of the notice to the City, provided that the tenant or lessee gives written notice of their entitlement to an extension to the owner within 60 days of the date of delivery to the City of the notice of intent to withdraw.

9. If a tenant or lessee gives timely written notice of their entitlement to an extension of the date their accommodation will be withdrawn from the rental market, the owner may elect to extend the date of withdrawal on any other accommodations up to one year after date of delivery to the City of the notice of intent to withdraw. To make such an election, the owner shall give written notice to the City and the affected tenant or lessee of the owner’s election to extend the date of withdrawal and the new date of withdrawal within 90 days of date of delivery to the City of the notice of intent to withdraw. (Ord. 7012-NS § 1 (part), 2007: Ord. 6827-NS § 1 (part), 2004: Ord. 6767-NS § 2 (part), 2003: Ord. 6538-NS §§ 1, 2, 2000: Ord. 6529-NS § 5, 2000: Ord. 6337-NS § 1, 1996: Ord. 6237-NS § 1 (part), 1994: Ord. 6181-NS § 1 (part), 1993: Ord. 5751-NS § 1, (part), 1986: Ord. 5732-NS § 1 (part), 1986)