Frequently Asked Questions

Short-Term Rental Ordinance vs. Rent Stabilization Ordinance

In Berkeley, there are two types of "short-term" rentals - fewer than 14 days OR longer than 14 days. Short-term rentals of fewer than 14 days are subject to the city's Short-Term Rental Ordinance. Very few properties in Berkeley are permitted to rent for this length of time. They are:

• Single-family homes where the owner has been residing as their primary residence (max # of days you may rent in a year is 90)
• Accessory Dwelling Unit (ADU) that was built before February 28, 2017, and has not been used as a long-term rental since April 1, 2007.

Most units in Berkeley are not permitted to rent for fewer than 14 days, including newly constructed ADUs, multi-unit properties, duplexes, triplexes, and quadplexes. This law also impacts any unit that may not normally be subject to the Rent Stabilization Ordinance (RSO), such as Golden Duplexes or newly-constructed ADUs.

Anything over 14 days is subject to the RSO, and the tenant has eviction protections. (Note: Very few units are exempt from the RSO.)

Many owners in Berkeley will choose to rent to tenancies greater than 13 days but less than 1 year. People often refer to these as "short-term rentals" but do not understand that those tenancies have eviction protections and that the owner must follow the Rent Stabilization Ordinance. These tenancies often include visiting professors or scholars and are tenants who are more likely to leave at the end of the lease term. 

Tenancies with eviction protections mean that they cannot be terminated unless it is for "good cause." There are 13 good cause reasons, including nonpayment of rent, violation of the lease, or nuisance behavior. The end of the term of a lease or selling the property is not a good cause for termination of tenancy. This poses a problem for owners who may only want to rent out their homes for a few months at a time. For example, if a visiting professor gets an extension on his or her professorship that goes beyond the term of the lease, they have a right to stay on your property as long as they want.

You can learn more about the requirements and restrictions of the Short-Term Rental Ordinance here.

The parcel is considered a Golden Duplex if the owner of record in 1979 lived on the parcel as their primary residence and a current owner of at least 50% lives in one of the units (See Rent Stabilization Ordinance Berkeley Municipal Code 13.76.050). If a current owner lives on site and rents out the other unit, the rented unit is EXEMPT from rent stabilization AND good cause for eviction requirements and does not need to be registered with the Rent Board. This means that an owner may (with proper notice and within the lease term) raise the rent as much as they want and terminate the tenancy with or without cause. This exemption is contained within the Rent Stabilization Ordinance and is controlled by Berkeley voters.

If the owner rents out both units and does not live on-site, both units will have rent control and eviction protections.

Owners are not required to register as Golden Duplexes with the Rent Board or even let them know that they live on-site unless the Rent Board contacts them and asks for further information. If they choose, an owner can request a final determination by the Rent Board that it is a Golden Duplex. 

Needless to say, people have sometimes gone to great lengths researching the status of their property at the end of 1979! The quickest and easiest way to do this is to contact BPOA. Any member of the public may ask BPOA to check the 1979 property tax record; however, BPOA members can receive an electronic copy of the property tax record. The Rent Board also has these records but does NOT provide an electronic copy to owners.

Will I lose my Golden Duplex exemptions if I build an ADU on the parcel?

In this scenario, your parcel must be constructed in a very specific fashion to still qualify as a Golden Duplex. First, the original two structures comprising the existing GD must either be conjoined, or the new unit (the ADU) must be attached to the original single-family home, thus creating an actual "duplex." To still enjoy the Golden Duplex status, one of those two (conjoined) units must be occupied by an owner of at least 50%. The other unit rented in that duplex scenario will be exempt from rent control and eviction protections. If there are already two units conjoined together, then the third unit will need to be a separate structure from the existing two units to retain the Golden Duplex status on the conjoined units.

Partially covered units:

• Newly Constructed Rental Units:

  • Units created after June 30, 1980, are exempt from rent control for 15 years from the date of their final inspection approval or from the date the first certificate of occupancy is issued, whichever is applicable.
  • This exemption period is rolling, meaning each new construction unit will start its own 15-year exemption based on its specific final inspection or occupancy date.
  • If the standard of "certificate of occupancy" is amended or repealed, the creation date and the start of the 15-year exemption period will then be based on the final inspection approval by the City.
  • Units created as part of a "housing development project" under Senate Bill 330 are not exempt and will be subject to all provisions of this Chapter from their inception.

• Separately Alienable Rental Units:

  • Applies to single-family dwellings unless the tenancy commenced before January 1, 1996.
  • Exemption applicable as long as provisions of California Civil Code Section 1954.50 et seq. ("Costa-Hawkins") are in effect.

• Government-Owned or Subsidized Units:

  • Exempt only to the extent required by specific federal or state laws or regulations.

Fully-exempt units:

• Short-Term Transient Rentals:

  • Rented primarily to transient guests for less than fourteen consecutive days in establishments like hotels, motels.

• Co-op Rental Units:

  • In nonprofit cooperatives owned and controlled by a majority of the residents.

• Rental Units in Health Facilities:

  • Located in hospitals, skilled nursing facilities, or other specified health facilities.

• Owner-Occupied Shared Rental Units:

  • Where the landlord shares kitchen or bath facilities with tenants and was the principal resident at the start of the tenancy.

• Fraternities and Sororities:

  • Rented by active members and owned or operated for the benefit of housing members at cost.

• Accessory Dwelling Units:

  • Properties containing a single-family dwelling and a one "fully permitted and lawfully established" ADU where the owner lives on the parcel as their primary residence, and the tenancy began on or after November 7, 2018. 

• Shelters and Transitional Housing:

  • Operated by tax-exempt organizations under Section 501(c)(3) as part of a recovery or therapy program, with an explicit temporary or transitional nature disclosed at the program's inception.

• Sabbatical Exemption for Single-Family Homes:

  •  Single-family houses or condominiums rented for up to two years IF the landlord: (1) owns no more than one residential unit in Berkeley; (2) lived in the unit as their principal residence for at least 365 consecutive days immediately prior to rental; (3) will reoccupy the unit as their principal residence when the rental ends; and (4) specifies the rental term, not to exceed 24 months, in the lease. 

• Golden Duplex Exemption:

  • In duplexes where one unit was owner-occupied on December 31, 1979, and remains the landlord's principal residence.

For more information, see Regulation 13.76.050

Under California law (Civil Code 1962), if you do not provide a physical location for your tenants to drop off their rent payments, unless the lease states otherwise, the rent is considered receivable by the owner on the date posted if the tenant can show proof of mailing to the name and address provided by the owner. The same is true for the service of notices. 

RUBS is an acronym for Ratio Utility Billing Systems. When a building with multiple units shares a utility whose usage is metered to a master meter, RUBS is a way of billing each unit a portion of that master-metered utility bill. RUBS uses a "ratio" based on occupancy or square footage, estimating a unit's portion of the bill rather than billing based on actual consumption. There is no current regulation banning RUBS billing. Still, the Rent Board does tend to frown on it, preferring that tenants' utilities are either billed directly by the utility company (separately metered) based on actual consumption (sub-metered) or included in the monthly rent. 

As of December 20, 2024, Measure BB has impacted RUBS. Contact BPOA for more information.

The request to add an additional tenant  or to replace an existing tenant cannot be "unreasonably withheld."  It is reasonable to ensure the prospective tenant meets your screening criteria and the total unit occupancy, according to the general California Fair Housing rule, doesn't exceed "2 per bedroom, plus 1."  If your unit is rent-controlled and the new tenant will increase the occupancy as codified in the lease, petition the rent board for a 10% upward adjustment of the rent ceiling. Petitions are granted retroactively to the move-in date.  

Please note that this is general guidance. Please contact staff for more information.