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Rent Stabilization Board
Rent Stabilization Board

Measure MM Registration


|Overview| |Unit Registration| |Fees & Penalties| |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 

YOU MUST REGISTER OR CLAIM EXEMPTIONS BY APRIL 15, 2021. There is no fee for the current fiscal year (ending June 30, 2021). There will be a fee next fiscal year. Failure to pay the fee will result in penalties and may be a defense to an eviction lawsuit. The elected Rent Board commissioners have not yet determined what the fee will be. The Fees & Penalties section has more information. 

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.

Measure MM Webinar: We understand that changes in the law may seem confusing. Join us on April 14, 2021 from 10:00 a.m. - 11:30 a.m. to learn more about Measure MM. 


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. 


Fees & Penalties 

Current fee:
There is no fee for the current fiscal year (ending June 30, 2021). You must still register Measure MM units and tenancies, or claim exemptions by April 15, 2021. There will be a fee for the next fiscal year.

The typical billing cycle:
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). The elected Rent Board has not yet determined the fee for the next fiscal year. Fees must be received in the Rent Board office or postmarked by the due date to be considered timely.

The Board’s Budget & Personnel Committee will make 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.  

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. 


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:  

 


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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