City of Berkeley
Berkeley Rent Board
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Ronald V. Dellums Fair Chance Access to Housing Ordinance

The Fair Chance Access to Housing Ordinance prohibits rental housing providers in Berkeley from asking about and using criminal history and/or criminal background checks in their rental housing advertising, applications, tenant selection process, or decision-making.

On April 14, 2020, Berkeley City Council passed the Fair Chance Access to Housing Ordinance (BMC 13.106). An overview of the ordinance is available below. Please review the Ordinance for more specific details related to your property or tenancy.

It is unlawful to do any of the following with regard to current or prospective tenants

  • Inquire about criminal history
  • Indicate that persons with criminal backgrounds will not be considered for housing, including in rental advertisements, application materials, or verbally
  • Refuse to rent or terminate a tenancy based on criminal history
  • Require disclosure or authorization for release of criminal history
  • Demand a higher security deposit or rental amount based on criminal history
  • Refuse to allow the addition of an immediate family member based on the family member’s criminal history
  • Disqualify tenants from rental assistance programs such as Section 8 based on criminal history (subject to certain exceptions below)
  • Treating rental applicants or tenants differently based on their criminal history

Exemptions

Please view the Ordinance on specific requirements for each exemption.

  • Lifetime sex offenders
  • Public housing/Section 8 properties limited exemptions
  • Owner-occupied properties (between 1-3 units) in which an owner of record resides in one of the units as their primary residence
  • Units under a rental agreement allowing owners to move back to their home in accordance with BMC 13.76.130 A.9
  • Units occupied by existing tenant(s) seeking to sublet or add/replace roommates

Written Notice and Opportunity to Respond Required

If a landlord takes any action against an applicant or tenant based on criminal history (such as refusing to offer a lease, refusing to add a family member, etc.), the landlord is required to provide the applicant/tenant with written notice and an opportunity to respond. This is due to the fact that criminal background checks and reporting services frequently provide inaccurate or incomplete information.

Civil Penalties

Any landlord found to be in violation of the Ordinance shall be subject to administrative fines of at least $1,000 and up to $10,000 per violation, civil damages including actual damages or three times the amount of one month's rent, punitive damages, attorneys' fees and costs, and injunctive relief. 

Filing a Complaint with the City

The City of Berkeley Rent Stabilization Board will be administering complaints regarding the Ordinance. You may use this complaint form, which includes instructions and information about the hearing process:

Applicants or tenants with criminal records who believe their rights have been violated by a housing provider under the terms of the Fair Chance Access to Housing Ordinance during the application, leasing, or tenancy process can file a complaint. Filing a complaint is also an option if you are a close family member of someone with a criminal record and you believe they were prevented by a housing provider from being added to your household on the basis of their criminal record, or from obtaining their own housing, or facing other adverse action from a housing provider.

Responding to a Complaint

Housing providers may respond to a complaint and participate in the hearing process by completing and submitting this answer form, which also includes instructions and information regarding the hearing process:

Formal Notice Distribution

Housing providers must include the following Notice to Rental Applicants and Tenants prominently on their application materials, websites, and at any locations under their control that are frequently visited by Applicants:

Resources

News

Rent Board Housing Counselor
Email: rent@berkeleyca.gov
Phone: (510) 981-7368 (RENT) Ext. 1

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