November 2021 News for Berkeley Property Owners & Housing Providers
State Rent Relief Program - A.B. 832
Under the extension of the Eviction Moratorium (A.B. 832), you may continue to apply for rent relief through Alameda County's website. Up to 100% of rent debt could be paid. Priority will be given to tenants whose incomes in 2020 was 80% or below AMI.
Landlord 101 Series
If you're new to landlording, a first time Berkeley landlord or someone who just needs a refresher course, our Landlord 101 series is for you! To view past webinars, login to your member account, choose Forms Library and go Workshops & Education. Check Our Calendar for Upcoming Webinars
Insurance New Claim Prevention for Rental Housing Providers (Webinar)
Do you know if you're properly insured on your rental housing property? Learn about new laws for rental housing providers and tips/traps when filing an insurance claim. Thursday, December 2 at 3:00 pm. REGISTER HERE.
Exterior Elevated Elements (E3) Program
If you have a rental property with 3 or more units, you are subject to the E3 program for proper inspection of such elevated elements as decks, stairs, balconies, handrails and walkways. You must retain a licensed professional (see the list here) to inspect by March 31, 2022. You can learn more at the city's website.
2022 Annual General Adjustment (Rent Increase)
Each year, the Berkeley Rent Stabilization Board adopts the Annual General Adjustment (AGA). For the year 2022, eligible landlords are permitted to increase the 2022 permanent rent ceiling by 2.1%. This represents 65% of the increase in the Consumer Price Index (CPI) for All Urban Consumers in the Bay Area. For more information, click here. Rent increases are permitted during the Eviction Moratorium.
Annual Security Deposit Interest
Rental housing providers are required annually, by December 31, to pay interest on the tenant's security deposit. For 2021, the security deposit interest rate is 0%. There is no requirement to return any security deposit interest for this year.You can learn more about the requirement to pay security deposit interest here.
EVICTION MORATORIUM INFORMATION
The state's Eviction Moratorium (AB 832) ended on September 30. However, Alameda County and Berkeley's Eviction Moratoria remain, prohibiting any typc of eviction as long as the local state of emergency is stll in effect. are multiple Eviction Moratoriums in effect during this pandemic.This continues to delay the minimum 25% payment of deferred rent. BPOA is working to provide guidance as to when our local Eviction Moratoriums might end. Please contact BPOA if you need an attorney referral.
Renting Out Your House
ARE YOU AN OWNER RENTING OUT YOUR SINGLE FAMILY HOME?
If you're renting out your single family home, you too are a landlord and are subject to rent regulations in Berkeley. Many owners don't realize the risk they take when renting out their home. Whether it's for 9 months or long-term, there are things you can't afford not to know. Your tenant has more control of your home than you know! As of July 1, 2021 owners of SFR rentals will need to pay an annual fee of $150 to the Rent Board.
BECOME A MEMBER & GET ACCESS TO IMPORTANT FORMS AND INFORMATION!
REGISTRATION FEES for RENTAL HOUSING
The annual registration fee of $250 per unit was due to the Rent Board on July 1. You may pay in person or via credit card online. If you are late, there is a 100% penalty If you didn't pay, contact the Rent Board immeidately. Learn more here.
Annual inspection deadline for your unit, per the Rental Housing Safety Program is July 1. Their registration fee is $57 per year and is due October 31. If you have not done an inspection of your unit for a year or more, or you have a recent new tenancy, you will need to complete a Schedule A form. Failure to do so could result in a $200 fine. ALL units in Berkeley are required to register and do an inspection, regardless of whether it is rent controlled or not. If you did not receive a bill from the Building Department, contact them to register your unit. This is a self-reporting program and it is up to the owner to contact the department to note they have a rental.
NEW 2021 BERKELEY REGULATIONS
Prohibition on Lease Break Fees (flat) and Roommate Replacement Fees
Effective May 13, you may no longer charge a flat fee if a tenant breaks a lease. You may not charge any fees related to roommate replacement/swap. You have the right to recover any costs associated with the breaking of a lease including leasing agent fees, advertising or lost rent.
Prohibition on Querying a Prospective Tenant's Criminal Background
Effective March 25, 2021 you may no longer ask about a prospective tenant's criminal background nor run a criminal background check. Doing so can subject you to heavy fines and posibble civil lawsuit. In the future, you will be required to notify all prospective tenants of this law. Click here to access our NEW! rental application in our Forms Library.
REQUIRED NOTICE: TENANT PROTECTION ORDINANCE
The Tenant Protection Ordinance prohibits illegal evictions through the use of fraudulent and/or misleading representations, intimidating conduct, and/or coercive conduct.
The disclosure notice is required to be provided at the inception of any tenancy (beginning after April 2017) and must be included with any eviction notice. Failure to include this notice is a defense to unlawful detainer (eviction). Download the notice from the form library. (Berkeley Municipal Code 13.79.060.)
Leases, Forms & More!
How complete is your lease package? Can you list all the state and local addendums required? Do you have the right lease that covers your for Berkeley?
Members always have access to our Forms Library You'll find everything you need to help guide you through renting your unit including leases, addendums, notices to tenants, guidance on problem issues, plus educational materials from previous workshops.
If you are not a member yet and would like to see a list of BPOA-maintained forms along with brief descriptions, you can do so here.
Too Much Stuff?
Some Tips on Helping Tenants
help for low income landlords
Low Income Landlords?
Find Eviction Help Here