Berkeley Rent Control
The City of Berkeley has one of the strongest rent control programs in California, known as the Rent Stabilization and Eviction for Good Cause Ordinance (Measure D, passed in 1980). This law protects thousands of tenants by limiting rent increases, requiring landlords to follow strict rules before evicting, and ensuring tenants receive certain relocation benefits when displaced.
Who Is Covered
Most rental units in Berkeley are covered, but there are important exemptions under state law (the Costa-Hawkins Act). Units not covered generally include:
New construction with a certificate of occupancy issued after February 1, 1995.
Most single-family homes and condominiums that are separately owned and not part of a larger rental business.
Units where the tenant shares kitchen or bathroom facilities with the property owner.
Some nonprofit or government-subsidized housing.
However, courts have ruled that exemptions are interpreted narrowly. For example:
Renovations that convert existing space into new units do not always qualify as “new construction.”
Renting out rooms individually in a single-family home may remove the exemption.
Takeaway: If your rental is not exempt, then it is highly likely you are protected by Berkeley’s rent control program. Even if your landlord claims your unit is exempt, you may still be covered. Tenants should always verify coverage with the Berkeley Rent Stabilization Board or an Attorney.
Rent Increases in Berkeley
Annual General Adjustments (AGAs): Each year, the Rent Stabilization Board sets a maximum allowable rent increase based on inflation and housing costs. Landlords may only raise rent by this approved percentage.
Notice Requirement: Even when an increase is allowed, landlords must give tenants at least 30 days’ written notice before the new rent takes effect. If the Board orders a rent decrease (for example, due to reduced housing costs), landlords must also provide notice to tenants.
Individual Rent Adjustments: Landlords can apply for larger increases if they can prove that the standard adjustment does not give them a fair return. Tenants have the right to contest these petitions.
This system keeps rent affordable while still giving landlords a fair opportunity to cover costs.
Relocation Assistance
When certain types of evictions are allowed (such as owner move-in), landlords are often required to pay relocation assistance to help displaced tenants secure new housing. This is a major protection that reduces the hardship of displacement.
Registration and Landlord Obligations
All covered rental units must be registered with the Berkeley Rent Stabilization Board, and landlords must pay an annual registration fee. Registration is the foundation of enforcement, and unregistered landlords may face penalties. Registration also ensures tenants can confirm their unit’s lawful rent and protections.
State Law Interaction – Costa-Hawkins and Ellis Act
Costa-Hawkins Rental Housing Act (state law) limits local rent control by exempting certain properties (newer buildings, condos, single-family homes). Courts, however, apply these exemptions narrowly.
Ellis Act: Allows landlords to withdraw units from the rental market, but Berkeley places strict conditions on re-rental, often requiring units to return under rent control if re-rented within a certain timeframe.
Takeaway for Tenants: If you rent in Berkeley, you likely have strong rights regarding rent increases and eviction. Always confirm whether your unit is covered, and know that landlords must follow strict rules before raising rent or attempting eviction.
Peregrine Legal Group, PC, represents tenants across Berkeley. Contact us to schedule a consultation.
Berkeley website: https://rentboard.berkeleyca.gov/rights-responsibilities/rent-control-101
Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.