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Rent Stabilization Board
Rent Stabilization Board

Is Your Unit Covered by Rent Control?

Types of Rent Control Coverage for Units in Berkeley

 
  Type of
  Coverage  
    

Description of Coverage

      Examples

     

Full
Coverage
 

Your rent is controlled and your rent ceiling can only be raised by an Annual General Adjustment (AGA). You CAN'T be evicted just because the landlord doesn't like you: The landlord must have 1 of the 11 "good causes" to evict as enumerated in the Rent Ordinance in order to lawfully terminate your tenancy. You have a right to interest on your security deposit. 

 
  • Most multi-unit properties in Berkeley
    that were built before June 1980 
  • Single-family homes with tenants
    who moved in prior to 1996 

  • Single-family homes with 5 or more
    rooms rented out individually with
    separate leases 

     
 
Partial
 Coverage    

Your rent is NOT controlled by our Rent Ordinance and you DON'T have a rent ceiling - your landlord can increase your rent without limit at the end of your fixed-term lease. You can't be evicted just because the landlord doesn't like you. The landlord must have 1 of the 11 "good causes" to evict as enumerated in the Rent Ordinance in order to lawfully terminate your tenancy. You have a right to interest on your security deposit.

  • Single-family homes first re-rented on
    or after 1/1/1996
  • Most condominiums

  • "New Construction": Units that were
    built and received a Certificate of Occupancy after June of 1980

  • Section 8 Tenancies

     
     

    Fully  Exempt

 

 

No rent stabilization: Your rent can be raised without limit at the end of your lease and with proper notice. No eviction protections: You can be evicted with proper written notice for any or no reason at all. You do not have a right to interest on your security deposit.

  • Units where the tenant shares a
    kitchen or bath with a landlord

  • Any duplex that was owner-occupied
    on December 31, 1979, and currently
    has an owner living in one of the
    units ("Golden Duplexes")

  • Rental units rented by a non-profit,
    accredited institution of a higher
    learning (i.e., dorms)

  • Non-profit cooperatives

  • Tenancies started after November 7, 2018 on properties where one unit is an ADU and either unit is owner-occupied.

 

"New Construction" units

If a new unit or an accessory dwelling unit is created out of or attached to an existing building then it may not receive a Certificate of Occupancy and the specific details should be discussed with a housing counselor.

Are "illegal" or unpermitted units covered by rent control?

Yes. The Rent Control Ordinance was crafted with the intention to cover rental units regardless of their zoning or building permit status in order to avoid rewarding property owners who violate building and zoning codes with an exemption from rent stabilization.  When an illegal or unpermitted unit is created after 1980, there is a possibility that it may be exempt as "new construction" if the unit was created in a new building or was not converted from existing rental space.

Are Air B&B or other short term rentals covered by rent control?

Short term rentals in units that are covered by rent control are only exempt if the duration of the rental is for 14 days or less. Other city laws or restrictions may apply.

If I add a new dwelling unit to my single-family home, do I lose any existing exemptions from the Rent Ordinance?

If the unit was added after January 1, 1996, and was done with the appropriate permits, the single-family home will retain its exemption from rent registration and rent ceiling limitations. Please contact a housing counselor at our office with any questions regarding these situations.

   

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Rent Stabilization Board, 2125 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: rent@cityofberkeley.info Phone: (510) 981-7368
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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