New Laws Affecting Rental Properties

Brief summaries of recent changes to Rent Board Regulations, and new state and local laws affecting rental properties.

Recent Rent Board Regulation changes

Regulation 1266 - Updated self-labor rates with current Consumer Price Index information. Updated January 19, 2023.

Regulation 1145 - 2023 Annual General Adjustment Order. Adopted October 20, 2022.

Appendix C to Chapter 12 - US Department of Housing and Urban Development Lower Income Limits. Dated July 21, 2022.

Appendix B to Chapter 12 - US Bureau of Labor Statistics CPI Information. Dated July 21, 2022.

Regulation 801 - Amended to clarify that landlords must file certain rent registration statements for units required to be registered pursuant to recently-enacted Measure MM. Amended January 20, 2022.

Recent state or local law changes

New Registration Requirements for Partially Covered Units

Measure MM (passed by Berkeley voters in 2020) requires rented single-family homes, rented condominiums, and newly constructed rental units to be registered with the Rent Board. These units are exempt from rent control, but not from the good cause for eviction requirements. Registration generally includes an annual fee and the filing of registration forms. The Registration requirements do not apply to landlords who only own a single-family home and who will be temporarily absent from it for not more than two years, provided they live in the home for one year before renting it out, and the period of absence is specified in the lease.

ADU Exemption

Measure MM also clarified that the full exemption for accessory dwelling units (ADUs) only applies to properties that contain one single-family home, and one ADU.

Berkeley Eviction Moratorium

The law is subject to change, as with other emergency rules and laws addressing the COVID-19 crisis, so check the Rent Board's COVID-19 page for updates.

The COVID-19 Emergency Response Ordinance, passed by City Council in March 2020, bans evictions except for those necessary for the health and safety of the residents. The law establishes a repayment period to pay back rent owed due to COVID-19. (This time period was altered by state law). Tenants have until July 31, 2023 to pay back rent delayed due to COVID-19.

State Law Limiting Evictions Due to COVID-19

Please see the Rent Board's COVID-19 page and factsheet for information on this topic.

Increased Ellis/OMI Payments

The standard relocation assistance payment to tenants for Ellis Act and Owner Move-in (OMI) evictions increased to $18,011, and the additional payment for low-income, disabled, elderly, families with minor children, or tenancies that began prior to 1999 increased to $6,003.