Is Your Unit Covered by Rent Control?

Full Coverage

• Your rent is controlled and your rent ceiling can only be raised by an Annual General Adjustment (AGA).
• You can’t be evicted just because the landlord doesn't like you. The landlord must have one of the "good causes" to evict stated in the Rent Ordinance to lawfully terminate your tenancy.
• You have a right to interest on your security deposit.

Examples

• Most multi-unit properties in Berkeley that were built before June 1980
• Single-family homes with current tenants who moved in before 1996
• Single-family homes with five or more rooms rented out individually with separate leases

Partial Coverage (Measure MM Units)

• Your rent is NOT controlled and you DON'T have a rent ceiling, so your landlord can increase your rent more than what is allowed under local rent controls.
• You can't be evicted just because the landlord doesn't like you. The landlord must have one of the "good causes" to evict stated in the Rent Ordinance to lawfully terminate your tenancy.
• You have a right to interest on your security deposit.

Examples

• Single-family homes first re-rented on or after 1/1/1996
• Most condominiums
• "New construction": Units that were built and received a Certificate of Occupancy after June of 1980
• Section 8 tenancies

No Coverage

• No rent stabilization. Your rent can be raised without limit at the end of your lease and with proper notice.
• No eviction protections. You can be evicted with proper written notice for any or no reason at all.
• You do not have a right to interest on your security deposit.

Examples

• Units where the tenant shares a kitchen or bath with a landlord
• Any duplex that was owner-occupied on December 31, 1979, and currently has an owner living in one of the units (“Golden Duplexes")
• Rental units rented by a nonprofit, accredited institution
• Nonprofit cooperatives
• Tenancies started after November 7, 2018, on properties where one unit is an ADU and either unit is owner-occupied.

"New construction" units

If a new unit or an accessory dwelling unit is created out of or attached to an existing building, then it may not receive a Certificate of Occupancy, and the specific details should be discussed with a housing counselor.

Are "illegal" or unpermitted units covered by rent control?

Yes. This is to avoid rewarding property owners who violate building and zoning codes with an exemption from rent stabilization. When an illegal or unpermitted unit is created after 1980, there is a possibility that it may be exempt as "new construction" if the unit was created in a new building or was not converted from existing rental space. Contact a housing counselor with any questions.

Are Airbnb or other short-term rentals covered by rent control?

Short-term rentals in units that are covered by rent control are only exempt if the duration of the rental is less than 14 days. Other city laws or restrictions may apply.

Adding a new dwelling unit to a single-family home

If the unit was added after January 1, 1996, and was done with the appropriate permits, the single-family home will keep its exemption from rent ceiling limitations, but both units may need to be registered under Measure MM requirements. Contact a housing counselor with any questions.