Measure X Changes to Berkeley’s Rent Ordinance
Important information on how Measure X affects Berkeley landlords and tenants.
Important: Measure X was on the November 2026 ballot for Berkeley voters. It has not yet been certified into law by Berkeley City Council. The following information will take effect after certification and is currently intended for informational purposes only.
Measure X, a ballot measure in the November 2026 election, makes several changes to Berkeley’s Rent Ordinance that affect tenant and landlord rights and responsibilities. Please read to learn how Measure X may affect you.
OVERVIEW OF MEASURE X CHANGES
Measure X made several substantive changes to Berkeley’s Rent Ordinance. Each of the changes mentioned below is discussed in more detail in the sections that follow.
- Annual registration fees are now due on or before September 30.
- The Rent Board can require paperless billing.
- Rent increases based on unused Annual General Adjustments are now capped at 10% within any 12-month period regardless of the unit’s rent ceiling.
- In some cases, landlords can no longer claim certain exemptions to the Rent Ordinance for units with sitting tenants who had rent control and/or eviction protections at the start of their tenancies.
- The right to organize and maintain Tenant Associations now applies to more properties.
- Landlords of partially covered properties no longer need to report a new tenancy to the Berkeley Rent Board within 15 days of the start of the tenancy.
- Most landlords no longer need to include certain pre-1996 property information when registering a fully covered rental unit for the first time.
- The Rent Board no longer has a specified timeline to redistribute Owner Move-In related relocation payments.
- The Board may waive or reduce registration fees for government subsidized rental units operated by a 501(c)(3) organization.
- The following units can now be subject to rent control: new construction replacement units in a "housing development project" as defined in the Housing Crisis Act of 2019 (Senate Bill 330); new construction units and separably alienable units subject to contracts with a public entity (Civil Code 1954(b) contracts).
ANNUAL REGISTRATION FEES NOW DUE SEPTEMBER 30
The new deadline to register your property and pay all registration fees is September 30th. This will begin with the upcoming 2027-2028 registration fee cycle.
PAPERLESS BILLING CAN NOW BE REQUIRED
The Rent Board has the power to require paperless billing and require payment through the online Rent Registry. A landlord subject to this requirement must provide the Board a current email address to receive billing statements.
IMPORTANT: The elected Board must adopt regulations to make this change.
NEW 10% CAP ON RENT INCREASES BASED ON ANNUAL GENERAL ADJUSTMENTS (AGA)
Landlords who want to apply unused Annual General Adjustment rent increases, also known as “banked” AGA’s, may not raise the rent using banked increases by more than 10% within any 12-month period regardless of the unit’s rent ceiling.
“NO REMOVAL OF RIGHTS”: EXISTING TENANT RIGHTS NEWLY PROTECTED
Landlords can no longer claim certain exemptions to the Rent Ordinance for a tenancy that started on or after November 3, 2026, if the tenancy was fully covered when it began. This means sitting tenants will keep their rights under the Rent Ordinance in cases where, before Measure X, the unit would have become exempt, and the tenant would have lost their rights.
This “no removal of rights” provision may, in some cases, apply to tenancies that started before November 3, 2026. Landlords and tenants should contact a housing counselor to understand how this provision applies to a particular tenancy.
REDUCED REPORTING FOR LANDLORDS OF PARTIALLY COVERED UNITS
Landlords of partially covered rental units no longer need to report a new tenancy to the Rent Board within 15 days of the start of the tenancy. Landlords must continue to verify tenancy information annually when paying registration fees.
EXPANDED RIGHTS FOR TENANT ASSOCIATIONS
Lower Threshold for Organizing a Tenant Association
The right to organize a Tenant Association now applies to tenants who live in properties with five or more units and all tenants who live in properties managed by a property management company.
Established Tenant Associations Remain Valid if Property Management Company Withdraws
A tenant association formed for properties containing between 1 and 4 units managed by a property management company will remain valid even if the property management company is later withdrawn.
ADDITIONAL CHANGES:
Reduced Reporting of Pre-1996 Property Information
Most landlords no longer need to include certain pre-1996 property information when registering a fully covered rental unit for the first time.
Changes To Owner Move-in Relocation Payment Distribution Timeline
There is no longer a specified timeline for the Berkeley Rent Board to redistribute Owner Move-In related relocation payments, allowing the Rent Board to better align with the City of Berkeley’s Finance Department’s process for issuing checks.
Rent Board Empowered to Change Fee Structure for Government Subsidized Rental Units Owned by a 501(c)(3) Organization
The Board has the power to waive or reduce registration fees for rental units owned or leased by a 501(c)(3) organization that are subject to a regulatory agreement with a government agency that controls the unit’s rent levels.
IMPORTANT: The elected Board must adopt regulations or pass a resolution when the registration fee is set to make this change.
New Construction Replacement Units Created Under the Housing Crisis Act of 2019 Could Be Fully Covered
Allows new construction replacement units created pursuant to SB 330 to be fully covered, not partially covered, and therefore subject to rent control.
IMPORTANT: The City of Berkeley would have to amend the Demolition Ordinance to allow this.
New Construction Units and Separably Alienable Units Subject to Contracts with a Public Entity Could Be Fully Covered
New construction units and separably alienable units subject to contracts with a public entity (Civil Code 1954(b) contracts) could be fully covered, not partially covered, and therefore subject to rent control.
IMPORTANT: The City of Berkeley Planning Department would have to change its practices to create such units.
Questions About How Measure X Impacts You?
Please contact a housing counselor by making an appointment, calling (510) 981-7368 (RENT), or emailing rent@berkeleyca.gov.
