Rent Board Petitions

Landlords and tenants can file a variety of petitions with the Rent Board. A petition starts a legal hearing process. After the petition is filed, the Rent Board will schedule a hearing where both sides can present their case with evidence. A hearing examiner will then issue a written decision on whether the claim(s) will be granted or not. Rent Board hearings are similar to, but less formal than, a court hearing. 

The Rent Board can determine things like whether a unit should be registered or if it is exempt from registration requirements, and whether a landlord can set a new market rate rent for a fully covered unit. The Rent Board can also make upward or downward adjustments to a unit’s rent ceiling. Only landlords or tenants of fully covered units (units subject to the rent control provisions of the Ordinance) can file petitions to adjust a unit’s rent. The Rent Board cannot award a party damages for things like property damage or emotional distress, and the Rent Board does not decide whether a tenant can be evicted. 

For information on the hearing process and the Rent Board’s petition filing rules, please visit our The Petition and Hearings Process page. For petition forms, see our Petition Forms page. Read on to learn about the most common types of Rent Board petitions and who can file them.

COMMON TYPES OF PETITIONS AND WHO CAN FILE THEM

Individual Rent Adjustment (IRA) petition

Landlords and tenants can file an IRA petition to ask for a change to the maximum amount of rent that can be charged for a unit that is fully covered by Berkeley’s Rent Ordinance. The petitioner (the person who filed the petition) can also ask for a refund of rent that was overcharged or payment of overdue security deposit interest.

• Learn more about Tenant IRA Petitions, including information about when and how tenant associations can file IRA petitions.
• Learn more about Landlord IRA Petitions, including the petition process for adding utility costs to the rent ceiling under Measure BB, and the petition process to raise the rent ceiling for Section 8 and Shelter Plus Care units to the maximum rent permitted by the government subsidizing agency.

Request for Rent Withholding (RWN) petition

Tenants in units not registered with the Rent Board, or who believe their unit is improperly registered, can file this petition asking the Rent Board to decide if the landlord is in compliance with registration requirements. If it is determined that the unit needs to be registered and the landlord fails to do so by a deadline set by the hearing examiner, the tenant will be authorized to withhold rent. Talk to a housing counselor first to see if there is reason to believe your unit should be registered.

Petition to Determine Exempt Status of Rental Unit (E) petition

A landlord who believes a rental unit is exempt from registration can ask for an administrative determination of exemption. If the exemption claim is administratively denied, the landlord can file an E petition to challenge the denial.

Initial Rent Determination (IRD) petition

Landlords and tenants in units fully covered by Berkeley’s Rent Ordinance can file this petition asking the Rent Board to decide if the landlord is allowed to set a new market-rate rent for a unit.

Less common types of petitions

Other types of petitions less commonly used are: Appeal of Certificate of Permissible Rent (C Petition); Petition for the Determination of Occupancy Status (D Petition); Petition for the Determination of Owner/Relative Move-In or Ellis Act Eviction Relocation Assistance; and Petition to Determine the Initial Rent for a Non-comparable Replacement Unit. Please speak with a housing counselor about these petitions. 

A housing counselor can also help you learn if a petition is right for your situation, and which petition forms to use. The Rent Board also offers mediation services that may be a better way to resolve your dispute more quickly and amicably.