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Rent Stabilization Board
Rent Stabilization Board

Measure MM Registration


Overview | Fees & Penalties | Unit Registration | Tenancy Registration | Failure to Register | Enhanced Services | Forms & Documents | Contact Us  


Overview 

Most rental units that are partially covered by Berkeley’s Rent Ordinance (not subject to rent control, but covered by good cause for eviction protections and security deposit interest provisions) are now required to be registered with the Rent Board. Berkeley voters approved this change by passing Measure MM in the November 2020 election.  Registration includes: 

  1. Unit registration--providing initial unit information and paying an annual fee for each unit
  2. Tenancy registration--providing tenancy information annually  
Annual registration fees were due July 1, 2021.  Payments not received in our office or postmarked by the due date are assessed a 100% penalty.  See the Fees & Penalties section for information and to learn about penalty waivers.

Measure MM Button  
 
 
The information on this page does not change registration requirements for owners of units that are fully covered by Berkeley’s Rent Ordinance. To register those units visit the Fully Covered Rental Unit Registration page.

Fees & Penalties 

Registration fees: 
Annual registration fees were due Thursday, July 1, 2021.

  • Most units: $150 per unit ($100 for FY 2021-22 services and $50 to recover implementation costs)
  • Affordable housing projects*: $37 per unit ($25 for FY 2021-22 services and $12 to recover implementation costs) 

*Managed by a nonprofit with an operative regulatory agreement with the City of Berkeley through its Housing Trust Fund program

Penalties: 
The Rent Ordinance requires that payments not received in the Rent Board office or postmarked by the due date be assessed a 100% penalty. Every six months another 100% penalty is assessed, so it is important to pay registration fees and resolve penalties as soon as possible. Owners can request a waiver of penalties, but must pay all outstanding registration fees before a waiver request will be considered.

Penalty waivers: 
Under Rent Board Resolution 21-19, landlords who pay the registration fee for Measure MM units by October 31, 2021 are eligible for a full administrative waiver of all penalties.  Please contact our registration unit at (510) 981-7368 Ext. 2 for more information.

The Typical Billing Cycle:
The Board’s Budget & Personnel Committee makes a recommendation to the full Board about setting the fee, which the Board typically adopts in April or May. All Rent Board and Committee meetings are public, and your participation is encouraged. Sign up for our Board and Committee Meeting email lists to receive notifications with meeting dates, agendas, and instructions on how to participate. Registration fee bills are typically sent to owners in May. The registration fee is due by July 1 (or the following Monday if July 1 falls on a weekend). Fees must be received in the Rent Board office or postmarked by the due date to be considered timely.


Unit Registration  

These rental units must now be registered:
  • New construction units (units with a certificate of occupancy issued after 1980)
  • Most single-family homes
  • Most condominiums

These units are exempt from Measure MM registration requirements:

  • Single-family homes or condominiums rented for up to two years IF the property owner: (1) owns no more than one residential unit in Berkeley; (2) lived in the unit as their primary residence for at least 365 consecutive days immediately prior to rental, (3) will reoccupy the unit as their primary residence when the rental ends; and (4) specifies the rental term, not to exceed 24 months, in the lease.
  • Units with Section 8 or Shelter Plus tenancies.
  • Units that are occupied Rent-Free, Owner-Occupied, or for owner’s use only.

If you believe your unit is exempt from the Measure MM registration, you must use the online portal to claim the exemption.

Unit status changes:
If a unit changes from exempt to non-exempt, you must register it with the Rent Board within 60 days of the change, and pay a prorated fee. If a non-exempt unit becomes exempt, you can update the unit status using the online portal at any time. 


Tenancy Registration 

Registration of qualifying partially covered units will now include: the tenancy start date, number of tenants, the starting and current rent, date of the most recent rent increase, the housing services included in the rent, and the number of bedrooms in the unit.

After the initial registration, you are only required to report changes, including rent increases, once a year during the annual billing cycle. You do not have to update the Rent Board each time there is a new tenancy or a change to an existing tenancy in a unit.  


Failure to Register 

In addition to the monetary penalties described above for failure to pay registration fees, failure to properly register may also be a defense to an eviction lawsuit. All eviction lawsuits (unlawful detainer complaints) are filed in superior court, and the Rent Board is unable to provide legal advice. 


Enhanced Services 

Registration fees will fund enhanced services, including more comprehensive housing counseling on local and state laws related to evictions, security deposits, habitability issues, the Tenant Buyout Ordinance, Tenant Protection Ordinance, and the state eviction moratorium. The Rent Board will also provide voluntary mediation services to tenants and property owners of Measure MM registered units.

Most questions about whether a unit needs to be registered under Measure MM can be answered by Registration staff. In rare cases, a formal determination may be necessary and owners can request an administrative determination of exempt status. 


Forms & Documents

Forms:

Documents:  
  • Resolution 21-06 Setting FY 2021-22 Annual Registration Fee for Measure MM Units (pending)
  • Resolution 21-07 Setting FY 2021-22 Annual Registration Fee for Measure MM Units in Affordable Housing Projects Managed by a Nonprofit and Have an Operative Regulatory Agreement with the City of Berkeley Through the Housing Trust Fund Program (pending)
  • List of Registration Fees for Measure MM Units: 2021-present  

Contact Us 

If you have questions, please contact the Registration Unit at (510) 981-7368 Ext. 2, or email rent@cityofberkeley.info.

You can also sign up for our Measure MM for Property Owners email list to receive outreach updates and information.

 

 

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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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