Golden Duplex: How to Document Current Owner Occupancy
Qualifying for the Golden Duplex exemption isn't a one-time event. While the 1979 record establishes a property's historical qualification, the exemption remains active only as long as the current owner-occupancy requirements are satisfied.
Think of the Golden Duplex exemption as a light switch.
The 1979 record determines whether the property is eligible for the exemption. Current owner occupancy determines whether the exemption is ON or OFF.
Who Must Occupy the Property?
The owner occupying the property must:
- Hold at least a 50% ownership interest in the property; and
- Occupy one of the original qualifying units as their principal residence.
The Berkeley Rent Stabilization Ordinance specifically defines "landlord" for purposes of the Golden Duplex exemption as the owner of record holding at least a 50% ownership interest in the property.
What Is a Principal Residence?
A principal residence is the place where you actually live as your primary home.
While no single document determines principal residence, it is generally reflected by the totality of the circumstances, including where you live on a day-to-day basis and where you maintain your permanent home.
What Happens If the Owner Moves Out?
If the qualifying owner no longer occupies one of the original qualifying units as their principal residence, the Golden Duplex exemption is no longer active.
The property's historical qualification does not disappear. However, because the current owner-occupancy requirement is no longer satisfied, the exemption is OFF.
Can the Exemption Become Active Again?
Yes.
If an owner holding at least a 50% ownership interest later occupies one of the original qualifying units as their principal residence, the Golden Duplex exemption becomes active again.
Best Practice
Golden Duplex owners should maintain documentation demonstrating current owner occupancy, such as:
- Government-issued identification
- Voter registration
- Homeowner's Exemption records
- Utility bills
- Other records demonstrating that the property is their principal residence
Keeping these records with your property's 1979 record creates a strong file documenting both the property's historical qualification and its current eligibility.
Learn More
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