What to know about tenant rights, landlord obligations, and City staff response under California State Law and Berkeley's Sanctuary City policies.
With the recent increase in federal immigration enforcement officers in the Bay Area, it is more important than ever that Berkeley tenants and landlords are aware of their rights and the City of Berkeley’s commitments as a Sanctuary City. The City of Berkeley has a long and proud history of defending the rights of immigrants, refugees, and those seeking safety. This is more than a policy; it is a fundamental expression of who we are as a city. Keeping our residents safe is a shared responsibility and together, we protect the families and individuals in the 40,000 rental units across Berkeley.
What All Berkeley Residents Should Know About State and Local Law
As a Sanctuary City, the City of Berkeley will not assist ICE in immigration enforcement. When interacting with Rent Board Staff and any other City employees, tenants and landlords can expect that:
- No tenant, resident, or applicant will be denied access to city services based on immigration status.
- City staff will not collect, request, or disclose information related to a person’s immigration status.
The State of California has enacted legal safeguards through the Immigrant Tenant Protection Act (AB 291 and AB 299). These laws prohibit landlords from:
- Harassing or threatening to report tenants or occupants to immigration authorities.
- Asking about or sharing a tenant’s immigration or citizenship status to pressure them to vacate.
- Initiating eviction proceedings based solely on immigration-related information.
- Retaliating against tenants for asserting their legal rights.
These protections extend to family members or others perceived to be associated with the tenant. Violations may result in civil penalties, including statutory damages and legal costs.
What Berkeley Tenants Should Know
If you are a tenant, regardless of your immigration status, or your landlord’s perception of your immigration status, you have the right to live in your home free from harassment, coercion, or threats of deportation. Your landlord cannot ask about your citizenship, residency status, or your social security number or use that information to deny housing, raise your rent, or attempt to evict you.
Contact the Berkeley Rent Board or the legal aid organizations listed below if you believe your rights are being violated.
What Berkeley Landlords Should Know
Property owners and managers must comply with all local and state laws, including refraining from inquiring regarding immigration status, avoiding discriminatory practices, and respecting tenants’ legal rights.
We encourage all landlords to review their policies carefully and to contact the Berkeley Rent Board with any questions.
Resources
The Berkeley Rent Board remains committed to fair housing practices for all. For information or assistance about your rights and responsibilities as tenants and landlords, visit the Berkeley Rent Board’s website or call (510) 981-7368.
If you or someone you know needs legal support or immigration-related assistance, the following local organizations can help:
- Centro Legal de la Raza – Free legal services and immigrant rights advocacy.
- East Bay Community Law Center – Immigration, housing, and public benefits support.
- Asian Law Caucus – Immigrant defense and civil rights protection.
- Catholic Charities East Bay – Immigration legal services and family support.
For more information about how to stay safe and the City of Berkeley's response see the Statement from Berkeley Mayor Adena Ishii and City Manager Paul Buddenhagen.
