March 2021 News for Berkeley Property Owners & Housing Providers
COVID-19 GUIDANCE
Learn more about how to manage rental housing in a time of crisis at our COVID-19 Guidance page. Read the Berkeley's Rent Board's guidance here. The Berkeley Renter's Relief Fund can be accessed here. Guidance for showing units during COVID can be found here.
S.B. 91 - Notice for Nonpayment of Rent Due February 28
Read our Frequently Asked Questions for more information on how this new law impacts Berkeley
This extends the state's Eviction Moratorium (previously A.B. 2088) and details how nonpayment of rent due to COVID-19 is to be handled. It also includes a Rent Relief Assistance program for owners and tenants. Checkk out our FAQ where we address how the local eviction moratorium and the new law interact.
MEMBER MEETING & WORKSHOP
Legislative Perspective: What's on Deck for State Housing Bills in 2021
Come hear about proposed state legislation and how it impacgts rental housing providers. More and more is being placed on the backs of owners nad you can't afford to keep your head in the sand!
Thursday, March 18 - 1:00-2:00 pm
Members Only: Go to our calendar for the registration link.
Legislative News
EVICTION MORATORIUM INFORMATION
There are multiple Eviction Moratoriums in effect during this pandemic. Berkeley's Eviction Moratorium currently prohibits any type of eviction during the local state of emergency and dictates how rent not paid during the pandemic is to be handled. You can learn more here. The state's Eviction Moratorium (AB 3088 effective Sept 1 to Jan 31) is currently being modified at the legislature. We expect the moratorium will be extended through June of 2021, as well as continue to defer the 25% payment of rent until then. BPOA is working to provide guidance as to how the state's extension will interact with our local Eviction Moratorium. Check back to get the lastest on all the rules and regulations!
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 to the Rent Board.
BECOME A MEMBER & GET ACCESS TO IMPORTANT FORMS AND INFORMATION!
2021 Annual General Adjustment (Rent Increase)
Each year, the Berkeley Rent Stabilization Board adopts the Annual General Adjustment (AGA). For the year 2021, eligible landlords are permitted to increase the 2021 permanent rent ceiling by 1.0%. 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.
Member Workshop
OUR MONTHLY WORKSHOP HAS MOVED ONLINE!
Join us for an online version of our monthly member meeting, hosted by Executive Director Krista Gulbransen with special speakers. We are currenty in the process of developing our 2021 educational calendar. Please check back for updated meeting dates and times.
Tell Us What Topics You'd Like to See Covered! Take our member survey here.
RSVPS ARE NOW REQUIRED FOR OUR MEETINGS. Check out our Events Calendar for registration link and details on other workshop dates and topics.
NEW BERKELEY REGULATIONS
Temporary Reduction in Rent Will Not Result in Impact to Rent Ceiling
If you have at tenancy in the first 12 months of the lease that started below September 9, and the tenant is asking for a rent reduction due to the current pandemic, you may reduce the rent temporarily, without impacting your rent ceiling. Learn more here.
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 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.
ANNUAL REGISTRATION FEE IS DUE BY JULY 1, 2021
The annual fee will be announced in June. A new registration fee for single family homes, some Accessory Dwelling Units and new construction (new than 15 years) will be required for the first time this year. Payments not postmarked by July 1 are subject to a 100% penalty.
News & Research
The Latest News: Debunking Myths from the Rent Board
CASA (The Committee to House Bay Area) Compact, MTC's response to the Bay Area Housing Crisis, December, 2018
Why We Need a New Conversation on Rent Control in California, Terner Center for Housing Innovation, UC Berkeley, May 2018
Rental Glut Sends Chill Through Hottest U.S. Rental Markets, September, 2018
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
Who Hoard
