Translation Disclaimer

Rent Stabilization Board
Rent Stabilization Board

NEW LAWS AND REGULATIONS AFFECTING RENTAL PROPERTIES
 

RECENT RENT BOARD REGULATION CHANGES 

To see recent changes in Rent Board regulations, visit the Rent Board Regulation Changes Archive page.

The full text of all Rent Board Regulations may be viewed at the Rent Board Regulations page or in the Board’s Public Information Unit at 2125 Milvia Street weekdays between the hours of 9:00 a.m. and 4:45 p.m. except for Wednesdays when the hours are noon to 6:30 p.m.  


RECENT STATE OR LOCAL LAW CHANGES  

AB 1505 restores the authority of local governments to require the inclusion of affordable housing in new rental housing developments, superseding the 2009 appellate
court decision in Palmer vs. City of Los Angeles. (Effective September 29, 2017)

AB 2413 broadens and strengthens tenant protections for domestic violence survivors. (Effective August 24, 2018)

AB 2219 allows tenants to pay rent through a third party, provided that the third party acknowledges that a tenancy is not created with the third party. (Effective August 28, 2018)

AB 2343 gives more time for tenants to respond to eviction notices or lawsuits by excluding weekends and holidays from being counted towards the number of days to respond. The law will take effect on September 1, 2019.

 AB551 New Bedbug Law: Beginning July 1, 2017, Assembly Bill 551 creates rules for landlords and tenants to help control bed bug infestations.  Landlords must give notice to prospective tenants about bed bug infestation and prevention.  Such notice is required for all other (existing) tenants by 2018.  Tenants who report bed bugs are protected from landlord retaliation. Landlords on notice of bed bugs are prohibited from renting infested units.  Tenants are required to cooperate in the inspection and treatment of bed bugs.  

Short-Term Rentals:  A 2017 City of Berkeley ordinance requires residents who provide short-term rentals (less than 14 consecutive days) to register with the City. Hosts, who can be owners or tenants, are responsible for a 12% transient occupancy tax and a 2% monthly code enforcement fee. To qualify, the unit must be the Host’s primary residence, covered by liability insurance of $1,000,000, and located in an approved zoning district. Tenant hosts require proof of the owner’s approval and, for rent-controlled units, may only charge a daily rent that is proportional to the legal rent paid to the owner. Units that are prohibited from being short-term rentals are Below Market Rate units, units with a no-fault eviction in the last five years, and accessory dwelling units built after 4/1/17 or used as a long-term rental between 4/1/07 and 4/1/17. The short-term rental need not be the host’s primary residence if it is an accessory dwelling unit built before 4/1/17 and was not used as a long-term rental between 4/1/07 and 4/1/17, or if the short-term rental is in an approved accessory building.

Housing Discrimination Based on Source of Income: On July 25, 2017, the City of Berkeley passed legislation to prohibit landlords from discriminating based on a tenant’s or prospective tenant’s source of income. Under the new law, source of income includes governmental rental assistance and Section 8 vouchers. 

Tenant Protection Ordinance:
Effective March 14, 2017, new local legislation helps protect tenants against landlord harassment and prevent illegal evictions. The law grants civil remedies that may be pursued by tenants and the City Attorney, including injunctive relief and treble damages for egregious landlord conduct.

In November 2016, voters passed  Measure AA  with 73% in favor. The Measure increased relocation payments for tenants displaced by owner move-in, strengthening protections for   seniors and disabled tenants facing owner move-in, and prohibiting owner move-in evictions of families with children during the school year.  

Tenant Buyout Ordinance:  This City of Berkeley ordinance, enacted in April 2016, guarantees tenants the opportunity to seek legal advice and carefully consider any buyout offer for 30 days after signing, and requires that landlords use the official Rent Board form to disclose tenant’s rights at the beginning of buyout talks.  Subsequent City Council funding allows tenants to obtain free legal advice regarding a buyout from the East Bay Community Law Center or the Eviction Defense Center


Home | Web Policy | Text-Only Site Map | Contact Us
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
###