Partially Covered Unit Registration

Overview

Berkeley voters approved registration requirements for partially covered units by passing Measure MM in the November 2020 election. Registration includes:

• Unit registration--providing initial unit information and paying an annual fee for each unit
• Tenancy registration--registering each new tenancy in a unit within fifteen days of the tenancy start date, and providing an update during the annual billing cycle. 

Rent Registry 

Fees & Penalties

Registration fees

FY 2025-26 annual registration fees of $212 per unit were due Tuesday, July 1, 2025.

This fee applies to all partially covered units, including partially covered government-owned and -subsidized units required to register under Measure BB. The Rent Board has adopted an amnesty period for payment of late registration fees for units newly required to register under Measure BB.

Failure to properly register partially covered units may be a defense to an eviction lawsuit.

Penalties

The Rent Ordinance requires that payments not received in the Rent Board office or postmarked by the due date be assessed a 100% penalty. Every six months another 100% penalty is assessed, so it is important to pay registration fees and resolve penalties as soon as possible. Owners can request a waiver of penalties but must pay all outstanding registration fees before a waiver request will be considered. 

The typical billing cycle

The Board’s Budget & Personnel Committee makes a recommendation to the full Board about setting the fee, which the Board typically adopts in April or May. All Rent Board and Committee meetings are public, and your participation is encouraged. Sign up for our Board and Committee Meeting email lists to receive notification of meeting dates, agendas, and participation instructions. Registration fee bills are typically sent to owners in April or May. The registration fee is due by July 1 (or the following Monday if July 1 falls on a weekend). Fees must be received in the Rent Board office or postmarked by the due date to be considered timely.

Unit Registration 

Rental units that must be registered as partially covered

• New construction units (units with a certificate of occupancy issued after 1980)
• Most single-family homes
• Most condominiums

Units with the following subsidies that do not fall into these categories (and would otherwise be considered fully covered under Berkeley’s Rent Ordinance) are partially covered because Federal law, State law, or administrative regulation exempt such units from rent regulation:

• Section 202 Supportive Housing for the Elderly
• Section 811 Supportive Housing for Persons with Disabilities
• Rent Supplement Program if the project has a mortgage insured or held by HUD
• Section 8 Loan Management Set Aside if the project has a mortgage insured or held by HUD
• Project-based Section 8 if the project has a mortgage insured or held by HUD

Units that are exempt from partially covered unit registration requirements

• Single-family homes or condominiums rented for up to two years IF the property owner: (1) owns no more than one residential unit in Berkeley; (2) lived in the unit as their primary residence for at least 365 consecutive days immediately prior to rental; (3) will reoccupy the unit as their primary residence when the rental ends; and (4) specifies the rental term, not to exceed 24 months, in the lease.
• Units that are occupied rent-free, owner-occupied, or for owner’s use only

Owners, if you believe a unit is exempt from partially covered unit requirements, you must use the online portal to claim the exemption. Most questions regarding whether a unit needs to be registered can be answered by Registration staff. In rare cases, a formal determination may be necessary and owners can request an administrative determination of exempt status.

Unit status changes

If a unit changes from exempt to non-exempt, the owner must register it with the Rent Board within 60 days of the change and pay a prorated fee. If a non-exempt unit becomes exempt, the owner can update the unit status using the online portal at any time.

Tenancy Registration

Tenancy registration for qualifying partially covered units will now include:

• Tenancy start date
• Number of tenants
• Starting and current rent
• Date of the most recent rent increase
• Housing services included in the rent
• Number of bedrooms in the unit

Owners are required to update tenancy information with the Rent Board within fifteen days of the start of a new tenancy. In addition, owners must report any changes to the Rent Board during the annual billing cycle (for example, even if there hasn’t been a new tenancy since the last report to the Rent Board, if the rent for that tenancy has been raised, this must be reported during the annual update).  

For tenancies started on or after December 20, 2024, owners must also, within fifteen days of the start of a tenancy, give the tenant written notice containing the following information: The existence of and scope of the Rent Ordinance; the tenant’s right to petition against certain rent increases, if applicable; whether the unit is exempt from rent control; and any other partial exemptions which may exist. If the property has an interior common area that all tenants have access to, the landlord must post the notice in the common area. The Rent Board has created a Notice of Tenant Rights for Partially Covered Units landlords can use. 

Failure to Register

In addition to the monetary penalties described above for failure to pay registration fees, failure to properly register may also be a defense to an eviction lawsuit. Proper registration includes filing all Rent Board forms, including "Registration Statement for Partially Covered Units" and "Tenancy Registration Form For Partially Covered Units." All eviction lawsuits (unlawful detainer complaints) are filed in superior court, and the Rent Board cannot provide legal advice.

Enhanced Services

Registration fees will fund enhanced services, including more comprehensive housing counseling on local and state laws related to evictions, security deposits, habitability issues, the Tenant Buyout Ordinance, and the Tenant Protection Ordinance. The Rent Board will also provide mediation services to tenants and property owners of partially covered registered units.