Information and tools for understanding, calculating, and implementing the 2023 AGA.
The Annual General Adjustment (AGA) allows landlords of most (but not all) units fully covered by Berkeley’s Rent Stabilization Ordinance (Ordinance) to raise the rent by a set percent with proper notice, starting January 1. Under the Ordinance, the AGA must be calculated at 65% of the percentage increase in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose region as published by the U.S. Department of Labor.
Based on this formula, the Berkeley Rent Board has adopted the 2023 AGA of 4.4%.
Beginning January 1, 2023, landlords may raise rent ceilings by 4.4% for all tenancies starting prior to January 1, 2022, after giving tenants a proper written notice of rent increase. Proper notice is:
- 30 days for rent increases of 10% or less
- 90 days for rent increases of more than 10%.
A landlord is not eligible for the 2023 AGA if a tenancy started in 2022. In addition, under Rent Board Regulations 1100 and 1145, landlords cannot take the AGA in the following cases:
- Failure to properly register rental units as required by B.M.C. §13.76.080, including the requirement to file a vacancy registration form at the start of a new tenancy commencing on or after January 1, 1996.
- Failure to comply, after order of the Board, with any provisions of the Ordinance and/or Board orders or regulations,
- Failure to bring the rental unit into compliance with the implied warranty of habitability, as shown by an outstanding Notice of Violation from the City of Berkeley’s Housing Code Enforcement, and/or failure to comply with a Rent Board Hearing Examiner’s Decision.
- Failure to return interest on a tenant’s security deposit.
For more information, including Notice of Rent Increase forms, please see the following web pages:
