Tenant Right to Organize

Housing counselors can help you understand the rights and responsibilities outlined on this page, but cannot provide legal advice. In addition, Rent Board staff cannot provide technical assistance regarding forming and maintaining tenant associations.

Properties Subject to the Tenant Right to Organize

The right to organize applies to tenants who live in properties that:

• Contain ten or more rental units; or
• Contain between 1 and 9 rental units, so long as the units are managed by a property management company.

 “Property management company” is defined in Rent Board regulation 411.

Signed Petition Required to Form a Tenant Association

Tenants who live in properties described above can establish a tenant association by giving their landlord a form signed by at least 50% of the tenants of occupied rental units at the property (including rooming houses) certifying their intent to form a tenant association. For purposes of tenant associations, this form is referred to as a “petition.” A petition may include individual written statements signed by tenants, or a combination of individual and collective written statements signed by tenants.

As a courtesy, the Rent Board offers the following forms, which tenants may use, but are not required to:

• Petition to Establish Tenant Association, and additional signature pages if needed.
• Certification of Delivery to Landlord

While not required to do so, the Board encourages tenant associations to  file a copy of the Petition to Establish Tenant Association and the Certification of Delivery to Landlord with the Rent Board by emailing them to RentRegistry@berkeleyca.gov. Please note:

• You must provide the landlord with a copy of the Petition to Establish Tenant Association even if you file it with the Rent Board.
• The Rent Board does not review Petitions to Establish Tenant Associations for compliance with the Rent Ordinance, and acceptance by the Rent Board does not indicate that a valid Tenant Association has been created. Be sure to review Berkeley Municipal Code section 13.76.135 carefully.

Organizing Activities

Organizing activities are:

• Initiating contact with tenants to assess interest in and/or seek support for forming a tenant association.
• Joining or supporting a tenant association.
• Distributing literature, requesting or providing information, offering assistance, holding meetings with or without landlord representatives present.
• Other actions on behalf of one or more tenants regarding issues of common interest or concern.

A tenant’s participation or lack of participation in organizing activities has no effect on whether that person qualifies as a tenant.

Requirement to Confer in Good Faith

Landlords and tenant associations must confer in good faith regarding things like housing services and conditions, community life, landlord-tenant relations, rent increases, and other issues of common interest or concern. Discussions must continue for a reasonable amount of time as the parties exchange information, opinions, and proposals to try to reach agreement. Conferring in good faith may look like:

• Keeping a designated point of contact
• Maintaining regular communication
• Responding to reasonable requests for information
• Allowing participation by non-resident advocates
• Providing enough time for limited-English speakers to obtain translation services
• Providing and meeting timelines to address habitability concerns
• Negotiating written agreements

Landlords must allow a tenant association representative to attend meetings involving the landlord and one or more tenants.

Certain Tenant Rights Now Qualify as a “Housing Service”

The following tenant rights now qualify as a "housing service:” 

• The right to engage in organizing activities
• The right to receive help from a tenant association
• The right to hold organizing activities at the property

If the landlord fails to confer with a tenant association in good faith, a tenant may file a rent adjustment petition requesting that a hearing examiner determine if a rent reduction is warranted for the loss/reduction of a housing service.

Tenant Association Rent Adjustment Petitions for Common Area Issues

A tenant association can seek rent ceiling reductions on behalf of all tenants affected by common area issues. Please see our Tenant Individual Rent Adjustment Petitions webpage for important information on filing requirements. 

Landlord Attendance at Tenant Association Meetings

Requesting the Landlord’s Attendance at a Meeting

The tenant association must send the landlord a written request at least 14 days in advance, or, if the tenant association meets at a regularly scheduled time and place, the tenant association may send the landlord a single standing request to attend meetings for the rest of the calendar year.

Attendance Requirement

If requested in writing by the tenant association, the landlord or their representative must attend at least one tenant association meeting per calendar quarter, and remain in attendance until all of the agenda items are complete unless the meeting exceeds two hours. In that case, the landlord can request that remaining agenda items be continued to the next meeting.

Meeting Location

Tenant association meetings must occur at a time and place that is convenient for both association members and the landlord/representative.

Right to File a Private Lawsuit

Any tenant or tenant association may file a private lawsuit for harm caused by violations of BMC 13.76.135, Right to Organize, and seek monetary damages and/or injunctive relief (a court order that requires or prevents specific actions). If the plaintiff (the filing party) wins the lawsuit, they may be entitled to an award of reasonable attorney’s fees. The court will make this determination.

The Rent Board cannot advise you on whether your rights have been violated, or whether you should pursue a private lawsuit.