RSO Compliance 101: Determine Your Unit’s Coverage and Obligations in Berkeley

withg Berkeley’s Rent Stabilization and Eviction for Just Cause Ordinance (RSO) applies to most rental housing in the city. Property owners are required to understand their unit’s coverage status and comply with all applicable local laws, including registration, eviction rules, and safety obligations.

This guide outlines the major coverage types under the RSO, responsibilities for new and existing landlords, and additional programs like the Rental Housing Safety Program (RHSP). It summarizes key rules but is not a substitute for legal advice. 

RSO Coverage Categories

Berkeley’s RSO classifies rental units into three general categories: fully covered, partially covered, and fully exempt. Coverage under the RSO can change depending on how a property is used or altered (e.g., converting to an ADU or adding units). Owners are responsible for staying current with Rent Board rulings or legal interpretations. 

Fully Covered Units

These are subject to both rent control and eviction protections. Violations of rent control rules, such as unlawful rent increases, can lead to tenant petitions, rent refunds, or penalties.

Examples include:

• Most multi-unit properties built before June 30, 1980.

• Single-family homes with tenants who moved in before 1996.

• Single-family homes rented to five or more tenants on separate leases.

Reference Table: Fully Covered Units

For more details, see Berkeley Municipal Code (BMC) 13.76.050

Section 8 Tenancies

Section 8 (Housing Choice Voucher) is a federal rent subsidy program. In Berkeley, whether a unit is subject to the Rent Stabilization Ordinance (RSO) depends entirely on the characteristics of the unit, not how the rent is paid.

RSO coverage applies based on the type of unit, date of construction, and occupancy history. A tenant using a Section 8 voucher does not affect whether the unit is fully, partially, or not covered by the RSO.

Examples:

• A Section 8 tenant living in a pre-1980 multi-unit building is in a fully covered unit—rent control applies.

• A Section 8 tenant in a post-1996 single-family home is in a partially covered unit—rent control does not apply, but eviction protections and registration are still required.

• A Section 8 tenant living in a legally exempt ADU or Golden Duplex is in a fully exempt unit—RSO does not apply.

Section 8 Reference Table

Key Takeaway:
The use of a Section 8 voucher does not change a unit's coverage under the RSO. Under Measure BB, subsidized rentals must now be registered and classified appropriately. But it's still the unit type, not the subsidy, that determines whether rent control applies.

Partially Covered Units

Partially covered units are not subject to Berkeley's rent ceilings but are still covered by key portions of the Rent Stabilization Ordinance (RSO). Specifically, these units must be:

• Registered annually (and upon each new tenancy), and

• Compliant with Berkeley’s just cause eviction rules

This category applies to a range of rental properties that are not fully exempt, but also not subject to rent control under the RSO.

Examples of partially covered units:

• Single-family homes first rented to a tenant on or after January 1, 1996

• Condominiums rented to tenants

• Newly constructed units with a Certificate of Occupancy issued after June 30, 1980

• Section 8 or other subsidized tenancies in buildings not subject to rent control

• Converted in-law units or other non-standard rentals, unless they qualify for a full exemption

While landlords may set the initial rent freely for these units, they must:

• Register with the Rent Board annually and with each new tenancy

• Follow just cause eviction requirements

• Pay security deposit interest

• Notify tenants of their rights under the RSO

Reference Table: Partially Covered Units

Important: Newly constructed units do not become fully covered by Berkeley’s Rent Stabilization Ordinance after 15 years. Instead, once a building reaches 15 years of age, it may become subject to state rent caps and just cause eviction rules under AB 1482, not local rent control. To confirm what laws apply to your unit, contact the Rent Board or consult a qualified housing attorney.

Fully Exempt Units

Fully exempt units are not subject to any provisions of the Rent Stabilization Ordinance (RSO). That means no rent control, no just cause eviction requirements, no registration, and no obligation to pay interest on security deposits under the RSO.

However, landlords of exempt units still must comply with state and local housing, health, and safety laws. These units are also generally subject to the Rental Housing Safety Program (RHSP).

To qualify as fully exempt, a unit must meet specific legal criteria. Exemption applies to the unit, not the tenant or rent amount, and may be lost if qualifying conditions change.

Examples of fully exempt units:

• Units where the tenant shares a kitchen or bathroom with the owner

• Golden Duplexes: duplexes owner-occupied on December 31, 1979, and still owner-occupied

• Certain ADUs (see next section) that meet all exemption requirements

• Units owned and operated by non-profit, accredited educational institutions and rented to students or staff

Important:  Most newly constructed units are not fully exempt. They are partially covered for the first 15 years and then typically become covered by state rent control (AB 1482) unless they meet other exemption criteria (e.g., owner-occupancy).

Reference Table: Fully Exempt Units

Note: Exemption status can change. For example, a Golden Duplex loses its exemption if the owner stops living on the property.

Accessory Dwelling Units (ADUs)

Some ADUs in Berkeley may qualify for full exemption from the Rent Stabilization Ordinance (RSO), but that exemption is limited and conditional. The exemption depends on both the type of property and how it is used and occupied.

A legally permitted ADU may be exempt only if all of the following are true:

1. The property consists of a single-family home and only one ADU

2. The owner occupies either the main house or the ADU as their principal residence

3. The tenancy in the ADU began on or after November 7, 2018

4. The ADU is permitted and legally recognized under local building codes

If any of these conditions are not met—such as having more than one ADU on the lot, or the owner not residing on the property—then the unit is not exempt and is typically partially covered under the RSO. That means it must be registered under Measure MM and follow just cause eviction requirements.

The exemption applies regardless of whether the ADU is:

• Detached (standalone structure)

• Attached (new addition to the main house)

• Converted (garage, basement, or interior space)

ADU Exemption Table

Note: ADUs that don’t meet the exemption criteria are not exempt! They must be registered, and eviction protections apply. 

First-Time Rental & Initial Registration

If you are renting out a unit in Berkeley for the first time, and it has never been registered with the Rent Board, you must complete an initial registration process, even if your unit is partially covered or newly built.

The registration requirement applies whether or not the unit is subject to rent ceilings. Most units, including those exempt from rent control, still require registration under Measure MM if they are not fully exempt.

Steps for First-Time Registration:

1. Determine the unit’s coverage status.
   Use this guide to identify whether your unit is fully covered, partially covered, or fully exempt from the RSO.

2. Obtain and complete the required forms.
   Initial registration forms and Measure MM packets are available for download from the BPOA website > Content Library > Rental Housing Forms Library > Required Berkeley Rent Registration Forms.

3. Submit the forms; wait for billing.
   Do not include payment with your registration. The Rent Board will review your submission and send a bill for applicable fees, which are often prorated for first-time registrations that occur outside of the annual billing cycle.

4. Track your filing.
   Keep copies of your submission and payment confirmation. Registered units must update tenant and rent information each year.

Note:

• Registration is not optional if your unit is not fully exempt.

• Newly constructed units are typically partially covered, meaning registration is required, even if rent control does not apply.

• If your unit is fully exempt, registration is not required, but the exemption must be valid.

Registration Reference Table

Note: Most newly constructed units are partially covered for the first 15 years. After 15 years, they typically become fully covered under the RSO unless another exemption applies.

Registration Requirements When a New Tenancy Begins

When a new tenant moves into a rental unit, the property owner must file an updated registration with the Rent Board within 15 calendar days of the tenancy start date. Failure to register on time can result in fines or loss of legal standing in eviction proceedings. The required form depends on the unit’s RSO coverage.

Fully Covered Units

For units under full rent control (e.g., pre-1980 multi-unit buildings), owners must file a Vacancy Registration form. This reports the new rent amount and resets the lawful rent ceiling under the RSO.

• Form: Vacancy Registration

• Deadline: Within 15 days of the new tenancy (per Measure BB)

Partially Covered Units (Measure MM)

Units that are exempt from rent ceilings but still covered by eviction protections and Measure MM (e.g., newer construction, post-1996 single-family homes) require a Tenancy Registration.

• Form: Tenancy Registration (Measure MM)

• Deadline: Within 15 days of the new tenancy

Fully Exempt Units

Units that are fully exempt from the RSO, such as Golden Duplexes, qualifying ADUs, and rooms rented with shared kitchen or bath, are not subject to tenancy registration. However, keeping records of lease terms and tenancy dates is still recommended.

Registration on New Tenancy Table

Rental Housing Safety Program (RHSP)

The Rental Housing Safety Program (RHSP) is a separate city requirement from the Rent Stabilization Ordinance (RSO) and applies to nearly all residential rental properties in Berkeley, including many that are fully exempt from rent control.

The RHSP is administered by the City of Berkeley’s Planning & Development Department through its Housing Code Enforcement division. It ensures that rental housing in Berkeley meets basic life-safety and habitability standards.

Who must comply:

• Owners of any property rented for residential use

• Owner-occupied homes where a kitchen or bathroom is shared with the tenant

• All units that are fully or partially covered by the RSO

• Units exempt from the RSO (e.g., Golden Duplexes, ADUs)

New rental units must be enrolled in the RHSP when first rented. This is required even if the unit is exempt from RSO registration.

Owner Requirements Under RHSP:

• Enroll the property when it is first rented

• Pay the annual RHSP fee, billed directly by the city

• Complete the Self-Certification Checklist annually to confirm the unit meets minimum safety and maintenance standards

• Keep one copy of the completed checklist for your records

• Leave one copy with the tenants

• Do not submit the checklist to the city unless your tenant refuses access and you are unable to complete the inspection

• Address any violations or non-passing items identified during the inspection promptly, to maintain compliance with local housing codes

Common compliance issues include:

• Failing to conduct the required self-certification

• Unpermitted ADUs or room conversions

• Missing or non-functioning smoke/CO detectors

• Substandard plumbing, electrical, or heating systems

RHSP Coverage Table

RHSP enrollment and compliance are required for almost all residential rentals in Berkeley. The program is administered by Housing Code Enforcement, not the Rent Board, and fees are billed separately by the city.

Summary of RSO/RHSP Responsibilities by Coverage Type

The table below summarizes the core legal responsibilities for Berkeley rental housing providers, based on each unit’s Rent Stabilization Ordinance (RSO) coverage status. It includes RSO obligations as well as RHSP requirements.

Note: Exemption status must be valid and verifiable. Misclassifying a unit can result in penalties. Also, newly constructed units initially partially covered under Measure MM typically become covered under AB 1482 15 years after the issuance of the Certificate of Occupancy.

If you're unsure of your unit's coverage or need help with forms, compliance, or understanding your obligations, contact BPOA staff.

Disclaimer: This document is for informational purposes only and does not constitute legal advice. For legal interpretation or dispute resolution, consult a qualified attorney.