Berkeley Rental Ad Compliance Checklist: 2025 Edition

Before posting your next rental ad, ensure it meets the latest legal requirements and avoids common compliance pitfalls. From new 2025 screening fee rules to long-standing fair housing protections, rental advertising has never required more care. This quick checklist will help you create a rental listing that’s clear, inclusive, and legally sound, whether you’re a seasoned landlord or marketing a unit for the first time in years.

📋 Describe the Unit Factually:

[ ]  Approximate square footage or rough size

[ ]  Layout details (living room, dining area, kitchen, etc.)

[ ]  Flooring type (hardwood, carpet, tile, etc.)

[ ]  Appliances included (stove, refrigerator, dishwasher, washer/dryer)

[ ]  Number and size of closets, storage areas

[ ]  Natural light and windows

📋 Include Basic Lease Terms:

[ ]  Monthly rent amount

[ ]  Security deposit amount

[ ]  Lease term length (e.g., 12-month lease, month-to-month, etc.)

[ ]  Move-in availability date

[ ] Utilities included (specify which, if any)

[ ] Tenant responsibilities (e.g., tenant pays gas and electricity) 

[ ] Occupancy-based rent policies:

If your advertised rent is based on single occupancy or a specific number of occupants, specify this clearly in the listing. For example:
“Rent based on single occupancy. An additional occupant may increase rent by $X/month.”
This avoids confusion, prevents hard feelings, and keeps your rental process transparent and fair.

📋 Describe the Location with Facts Only:

[ ]Distance to major landmarks (e.g., "0.4 miles to UC Berkeley")

[ ]  Access to public transportation (BART, AC Transit)

[ ]  Nearby parks, bike paths, or grocery stores

[ ]  No subjective language ("safe," "quiet," "perfect for professionals," etc.)

📋 Include Required Legal Disclosures:

[ ]  State Fair Chance Housing Ordinance compliance (or exemption, if applicable)

[ ]  Cite Berkeley’s No Smoking Ordinance (Ord. No. 7230-N.S.)

[ ]  Avoid banning or discouraging Service Animals or Emotional Support Animals (ESAs)

[ ]  No references to vouchers, subsidies, or Section 8 (i.e., "No Section 8 accepted")

📋 Where You Advertise Matters, Too:

Even if your ad language is legally sound, where you post the ad also matters. Consistently advertising only on niche platforms, such as student-focused sites, private social media groups, or networks with restricted access, can raise concerns about steering or limiting access to housing based on protected characteristics like age, familial status, or source of income.

Best practice is to cast a wide net:

• Post your vacancy on multiple platforms, including public-facing ones like Zillow and Apartments.com.

• If you use a UC Berkeley- or student-focused platform like CalRentals or Livaro, be sure to also post it on a platform that’s open to the general public.

• Keep a record of where you posted each listing, just in case your advertising practices are ever called into question.

Fair housing compliance isn’t just about what you say—it’s also about who gets to see it.

📋 New for 2025: Screening Process Rules

[ ]  Provide a basic summary of your Screening Criteria in the ad (optional but recommended for transparency).

[ ]  Automatically provide the full Screening Policy to every prospective applicant before they submit an application.

[ ]  Choose your screening method:

[ ]  Accept the first-qualified applicant based on your Screening Criteria, or

[ ]  Refund the screening fee to all non-selected applicants within 7 days of selecting a tenant or 30 days of application submission (whichever comes first).

📋 Photos and Accessibility:

[ ]  Post accurate photos, if possible

[ ]  Fully describe the unit in writing for accessibility

[ ]  Assume some applicants may not view pictures easily, and make written descriptions complete

📋 Avoid These Common Mistakes:

[ ]  No references to religion, race, gender, family status, student status, or disability

[ ]  No comments about accessibility barriers — describe stairs/floor access neutrally

[ ] Do not impose unlawful occupancy limits (ex, saying "The advertised rent is based on two-person occupancy" is acceptable, while limiting occupancy for a one-bedroom to one person is not)

🚀 Pro Tip:

[ ]  Be transparent: include a Screening Criteria summary in your listing and offer the full policy early.

Feeling Overwhelmed? You’re Not Alone.

Marketing a rental takes time, attention, and patience. If you’re struggling to manage inquiries, showings, or applicant follow-up, a leasing agent might be just what you need.

Contact BPOA for referrals to trusted local leasing agents who can help you fill your vacancy without the stress.

Need Help?

Visit the Rental Housing Forms Library for BPOA’s Screening Criteria Guidance and Intellirent's webpage to access your Agent Dashboard for online resident application and screening tools and support.