January 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 A.B. 3088 & 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.
BERKELEY VOTER GUIDE FOR PROPERTY OWNERS
- Rent Board - Wendy Hood Neufeld, Soulmaz Panahi, Bahman Ahmadi, Pawel Moldenhawer & Dan McDunn
- Prop 21: NO - Prop 15: NO - Prop 19: NO POSITION
- Measure MM: NO
- District 2: Alex Sharenko (1st) & Terry Taplin (2nd)
- District 3: Deborah Matthews
- District 6: Susan Wengraf
A.B. 3088 & Berkeley's Eviction Moratorium
Read our Frequently Asked Questions for more information on how this new law impacts Berkeley
This new law went into effect on September 1, 2020 and details how nonpayment of rent due to COVID-19 is to be handled. In our Frequently Asked Questions, we address how the local eviction moratorium and the new law interact.
Member Workshop
OUR MONTHLY WORKSHOP HAS MOVED ONLINE!
Join us for an online version of our Saturday monthly member meeting, hosted by Executive Director Krista Gulbransen with special speakers. Join us for The Worst Can Happen! Everyday Life in Remediation for Mold, Fire, Water, Sewage & Other Trauma
Thursday, November 5 at 2:00 pm
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.
REGISTRATION FEES DUE JULY 1!
RENTAL HOUSING SAFETY PROGRAM SCHEDULE A DELAYED TO NOVEMBER 1!
The annual registration fee of $250 per unit is due to the Rent Board by 5:00 pm on July 1. You may pay in person or via credit card online. If you are late, there is a 100% penalty. Learn more here.
Annual inspection deadline for your unit, per the Rental Housing Safety Program has been postponed to November 1. Registration fee 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.
ANNUAL REGISTRATION FEE OF $250 PER UNIT IS DUE WEDNESDAY, JULY 1, 2020
The Rent Stabilization Ordinance requires that payments not received in the Rent Board Office or postmarked by the due date be assessed a 100% penalty.Rental units must be properly registered in order to take rent increases and/or evict tenants. If you have any questions about the registration status of your property, please contact the Rent Board at (510) 981-7368 and ask for the Registration Unit.
2020 Annual General Adjustment (Rent Increase)
Each year, the Berkeley Rent Stabilization Board adopts the Annual General Adjustment (AGA). For the year 2020, eligible landlords are permitted to increase the 2020 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.
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!
BECOME A MEMBER & GET ACCESS TO IMPORTANT FORMS AND INFORMATION!
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 recent passage of AB 3088 at the state level leaves a lot of questions as to whether Berkeley's Eviction Moratoirum will remain after its expiration date of Spetember 30. Check back to get the lastest on all the rules and regulations!
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
In March 2017, the City Council adopted the Tenant Protection Ordinance, Berkeley Municipal Code 13.79.060, to prohibit illegal evictions through the use of fraudulent and/or misleading representations, intimidating conduct, and 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 (This includes a 3-Day Notice). Failure to include this notice is a defense to unlawful detainer (eviction). Download the notice from the forms library and send it to ALL of your tenants TODAY!
Note:Please also find a Proof of Service in the forms libary.
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