Laws & Ordinances Affecting Rental Housing in Berkeley
Berkeley law prohibits housing discrimination based on a tenant’s source of income. This means landlords may not refuse to rent to someone because they use Section 8 or any other rental assistance program, nor may they state or imply in advertising or communications that vouchers are not accepted.
[Adopted July 25, 2017].
A state law ushered in rent control exemptions for single-family homes, townhomes, and condos, as well as for new construction residential rental units that have received a Certificate of Occupancy. This law was later modified by AB 1482 (the
Tenant Protection Act of 2019) regarding new-construction exemptions.
[Civil Code 1954.50-1954.535]
Properties with three or more units are required to inspect all elevated elements on the property (balconies, decks, staircases) every six (6) years and to submit a work certification to the city. The next certification date will be in 2027. Read more about the program
here. Visit our
Network of E3 Professionals.
[Adopted 2015].
In order to evict a tenant in Berkeley, you must have at least one of 11 "just causes" to do so. This is a
layman's term outline of those causes. Note: In December of 2024, the ordinance was modified to remove one of the good causes.
[BMC 13.76.130]
Measure BB made several compliance changes for Berkeley housing providers. It narrowed certain exemptions, required many government-subsidized units to register, and added new notice and reporting obligations. The measure eliminated the ability to terminate a tenancy because a renter declines to sign a substantially similar lease extension or renewal, imposed a minimum rent-debt threshold for nonpayment cases, and tightened the standards for lease-breach evictions. It also capped the Annual General Adjustment (AGA) at 5%, required annual adjustments to owner Move-In (OMI) relocation payments, and clarified rules on utilities, capital-improvement petitions, and tenant organizing rights.
See more at the Rent Board's Measure BB website.
[Adopted December 20, 2024].
Imposes an annual vacancy tax of $3,000–$6,000 per unit. A unit is considered vacant if it is unoccupied, uninhabited, or unused for more than 182 days in a calendar year, whether consecutive or not.
A unit is generally not subject to the tax if it is occupied for at least 183 days in the year or qualifies for one of the law’s seven Vacancy Exclusion Periods.
Units reported as vacant or registered as Not Available for Rent (NAR) may be investigated and taxed if the vacancy threshold is met and no exemption or exclusion applies.
Owner-occupied properties with four or fewer units (including single-family homes) may qualify for an exemption if owned by a natural person or trust that owns no other residential units in Berkeley.
Review the Vacancy Exclusionary Periods here. Learn more at the Rent Board's website. [Adopted November 8, 2022].
[BMC Chapter 7.54]
Single-family homes and some ADUs and duplexes (but not Golden Duplexes), must register their first tenancy and pay an annual registration fee to the Rent Stabilization Board.
Learn more at the Rent Board's website. [Adopted November 6, 2020].
Units created through conversion or substantial rehabilitation generally do not qualify as “new construction” and remain subject to Berkeley’s rent-control rules. The Costa–Hawkins Rental Housing Act exempts units with a Certificate of Occupancy issued after February 1, 1995, from state rent-ceiling limits, but Berkeley’s own exemption is narrower. Under Regulation 510, a unit is considered “new construction” in Berkeley only if it received a Certificate of Occupancy issued on or after June 30, 1980. Converted, remodeled, or expanded spaces do not receive new Certificates of Occupancy and therefore do not meet this exemption.
A public database of units registered with the Rent Board. Also, a portal for owners to pay invoices and update tenancies. You do not need to have an account/log in to view an address; type the street number and name into the search field.
All rental units in Berkeley (with the exception of Golden Duplexes, rented rooms in which the owner shares a kitchen and/or a bathroom, and select ADUs) are subject to paying an annual fee with the Rent Board. For fully covered units (where the unit is rent-controlled and the tenant has eviction protections), the July 1, 2024, fee is $344, and for partially covered units (where tenants have eviction protections but it is not rent-controlled), the fee is $212. Also, see Measure M above (rent registration for partially covered units) and Measure BB (rent registration for some subsidized housing units, including Section 8). [
BMC 13.76.080]
The Rent Stabilization & Just Cause Ordinance. What started it all, and what remains primary legislation for rental registration, rent control, and Just Cause for Eviction protections.
[BMC 13.76 Primary adoption in 1980].
The Rental Housing Safety Program (RHSP) requires all rental housing providers to inspect their units annually using the RHSP Checklist (formerly called Schedule A) and by giving a copy to the tenant. You may be asked to produce the document should a Rental Housing Safety Inspector come to inspect your unit. You are NOT required to file this with the RHSP unless the tenant refuses entry to the unit. This is required for all unit and room lets, regardless of whether you are subject to rent control and/or eviction protections. Learn more about the program and the required annual fee. [BMC 19.40.080]
Owners/Property Managers of Berkeley rental units with tenants who have eviction protections for just cause must pay interest on security deposits, accrued annually and upon termination of the tenancy/move-out. The security deposit interest year is from November 1st to October 31st. Annual interest should be paid by December 31st. If your tenant has not received their interest compensation by January 31st, they are entitled to recover interest at 10% and reduce their rent payment in lieu of receiving a cash payment. To calculate the interest owed on your tenant's security deposit,
click here. [
BMC 13.76.070]
Effective July 1, 2024, caps on security deposits for new tenancies are in effect. Rental housing providers may not collect security deposits exceeding the equivalent of one month's rent, regardless of whether the unit is furnished or unfurnished. This law is not retroactive and does not apply to tenancies or security deposits collected before July 1, 2024. Owners of no more than two properties comprising no more than four residential rental units offered for rent may request the equivalent of up to two months' rent. Read our
FAQ here.
[Adopted July 1, 2024]
Exempts single-family homes, condos, townhomes, and new construction from rent control. Subsequent law AB 1482 (Tenant Protection Act of 2019) modified the new construction exemption to the first 15 years after issuing a Certificate of Occupancy. [Costa-Hawkins effective January 1, 1996. AB 1482 adopted October 8, 2019].
Although you are only required to provide
the notice of the Tenant Protection Ordinance to any new tenancy, this is the Tenant Protection Ordinance in its entirety. All rentals (regardless of rent control or eviction protection applicability needs to provide this notice.
[BMC 13.79.060 Adopted March 28, 2017].
Prohibition of lease break fees for all tenancies in Berkeley and the requirement to notify prospective tenants of the Tenant Screening Fee Rights Statement.
[BMC 13.78 Adopted July 2020].
Smoking is prohibited in any property except single-family homes. All leases executed on or after May 1, 2014, must include the anti-smoking clause. (found in the BPOA lease).
[Adopted December 20, 2013].
California State Laws for Rental Housing
California Civil Code 1946. Termination of Month-to-Month Tenancy. Outlines noticing requirements, which include that a 30-day notice may be given at any time of the tenancy.
California Civil Code 1942.1. Noticing Requirements. Dictates when notices of 30 days or 60 days are permitted.
California Civil Code 1951.2 - Early Lease Termination. Dictates owners' rights when a lease is terminated prior to the expiration of the term.
California Civil Code 1946.7 - Early Lease Termination for Domestic Abuse Survivors. Dictates residents' rights when a lease is to be determined due to domestic abuse.
California Civil Code 1950.5 - Security Deposits. Dictates how security deposits may be used in a tenancy.
The California Fair Housing Act Gov Code 12955-12957- Anti-Discrimination. Use these handy reference guides: Fair Housing Fact Sheet Source of Income Fact Sheet Housing Rights Booklet
City of Berkeley Departments
Building Department - Permit Service Center, Elevated Exterior Elements Ordinance, Housing Code, Zoning Policies; (510) 981-7500, buildingandsafety@berkeleyca.gov
Business Finance Department - Business License & Business Tax on Rental Income; (510) 981-7200
Rental Housing Safety Program - Pay Fee, Schedule A Inspection Form, Code Enforcement Issues; Main: (510) 981-5444, Billing: (510) 981-5445; HCE@berkeleyca.gov
Rent Stabilization Board - Rent Regulations, Rent Registry, Eviction Protections; (510) 981-7368; rent@berkeleyca.gov (510) 981-7368
Division of Aging and Adult Protection; Adult Protective Services, (510) 577-3500; 24-Hour hotline: (866) 225-5277
Rental Housing Industry Reports
Rent Regulation Policy in the U.S. - National Multifamily Housing Council, January, 2024
The Ownership and Management of Small Multifamily Rental Properties - Terner Center for Housing Innovation, January 2024
