Housing Services in Berkeley Rentals: Protecting Flexibility with Separate Agreements

Under Berkeley’s Rent Stabilization Ordinance, the treatment of housing services, such as parking, storage, laundry, depends on whether the rental unit is fully covered (subject to rent control and eviction protections) or partially covered (subject only to eviction protections).

What Are Housing Services?

Housing services include any benefit provided to the tenant in connection with their housing, such as:

• Parking

• Storage

• On-site laundry

• Use of common areas

If these services are provided as part of the tenancy—either written into the lease or provided informally and without charge—they may become protected components of the tenancy.

Fully Covered Units: Services Become Locked In

For fully covered units, housing services are regulated alongside the rent. Once a service is included in the lease or routinely provided for free:

• It becomes part of the rent-controlled tenancy.

• You cannot unilaterally remove it or begin charging for it.

• Even informal or undocumented services (e.g., free parking or laundry) may be protected.

Removing a service or charging for it without the tenant’s consent can be treated as an illegal rent increase.

Partially Covered Units: More Flexibility After the Fixed Lease Term

In partially covered units, landlords have more flexibility regarding services and rent, but they still may not unilaterally change the terms of an active lease. This includes removing or charging for housing services. However:

• After the lease ends or transitions to a month-to-month agreement, landlords may propose changes (including service fees or removal).

• These changes should be made clearly and in writing in any new or revised agreement.

Best Practice: Use Separate Agreements

To preserve long-term flexibility, landlords should consider offering amenities like laundry, parking, and storage through separate written agreements—distinct from the lease. This allows for:

• Clear boundaries between core tenancy and optional services

• Easier removal or adjustment of services in the future

• Less risk of Rent Board interpretation that a service is part of rent

Caution: These agreements must be genuinely separate. If the Rent Board believes the service is essential or was implied as part of the tenancy, they may still consider it protected.

Summary: