Completing the Notice of Tenant Rights for Partially Covered Units

Some Berkeley rental units are considered partially covered by the Rent Stabilization Ordinance (RSO). These units are exempt from local rent ceilings but remain subject to other provisions of the law. To stay in compliance, property owners must provide tenants with the official Notice of Tenant Rights for Partially Covered Units at the start of every tenancy.

This form, along with Addendum No. 1: Specific Terms, is one of the lease addenda members ask about most often. This article explains when the Notice is required, how to complete it step by step, and provides a sample version for a single-family home.

When the Notice Is Required

Use this form for partially covered units, including:

• New construction (Certificate of Occupancy issued after 1980).

• Single-family homes or condominiums (all rented SFRs and condos are partially covered locally, regardless of ownership structure).

• Government-owned or subsidized units where state or federal rules preempt local rent ceilings.

Do not use this form for:

• Fully exempt units, such as Golden Duplexes.

• Fully covered units, such as apartments in multifamily buildings built before 1980.

Step 1: Exemption From Berkeley Rent Ceilings

Check the box that matches your unit’s exemption under the RSO:

• Newly constructed rental unit – if completed after 1980.

• Single-family home or condominium – the Rent Board form uses the phrase “owned by a natural person,” but this language comes from state law (AB 1482), not Berkeley’s ordinance. For Berkeley purposes, all rented SFRs and condos are exempt from rent ceilings.

• Government subsidy or ownership – for subsidized or government-owned housing.

Step 2: State Rent Cap (AB 1482)

Next, indicate whether the state rent cap applies.

• If it does apply, mark “do.”

• If it does not apply, mark “do not” and select the correct exemption:

  • Deed-restricted affordable housing.

  • Certificate of occupancy issued within the last 15 years.

  • Single-family home or condominium owned by a natural person, trust, or qualifying LLC, and the tenant has received the AB 1482 disclosure.

  • Owner-occupied duplex (Golden Duplex).

💡 Tip: Many Berkeley rentals fall under both local and state laws. Completing this section correctly ensures you’re disclosing whether the statewide rent cap limits your unit.

Step 3: Rights That Still Apply

Even when exempt from rent ceilings, the following rules still apply in Berkeley:

• Registration – Every tenancy must be registered with the Rent Board, and the annual fee paid.

• Security Deposit Interest – Annual interest (Nov 1–Oct 31 year) must be credited or paid by January 31 of the following year. If late, tenants are entitled to 10% simple annual interest and may deduct it from rent. At move-out, prorated interest must also be paid.

• Just Cause for Eviction – You may evict only for one of the legal “just cause” reasons, and a copy of the notice must be filed with the Rent Board.

• Tenant Associations – In properties with 10 or more units, tenants may form an association and meet with you or your property manager.

Step 4: Provide the Notice Properly

• Serve the completed Notice when the tenant signs the lease.

• Keep a copy for your records.

• Ensure the information on the Notice matches what you report to the Rent Board when registering the tenancy.

Sample: Notice of Tenant Rights for a Single-Family Home

Section 1: Why the Unit Is Exempt from Rent Ceilings
☐ Newly constructed rental unit
☑ Single-family home or condominium (partially covered under Berkeley law; form language references “natural person” ownership from state law)
☐ Government subsidy or ownership

Section 2: State Rent Cap (Civil Code § 1947.12)
☑ do NOT apply

Exemption claimed:
☐ Deed-restricted affordable housing
☐ Certificate of occupancy within the last 15 years
☑ Single-family home or condominium, tenant also received AB 1482 disclosure
☐ Owner-occupied duplex

Section 3: Rights That Still Apply

• Registration with the Rent Board.

• Annual security deposit interest payment or credit.

• Just cause for eviction applies.

• Right to form a tenant association in larger or professionally managed properties.

Key Takeaway

The Notice of Tenant Rights for Partially Covered Units is not optional. Serving this form at the beginning of each tenancy ensures tenants understand their rights and owners remain compliant with both Berkeley law and state disclosure requirements.