Tenant Individual Rent Adjustment Petitions

A tenant can file an IRA petition to request a decrease to the maximum amount of rent that can be charged for a unit that is fully covered by Berkeley’s Rent Ordinance. Tenants can also ask for a refund of rent that was overcharged, or payment of overdue security deposit interest. A tenant association can file an IRA petition on behalf of all tenants affected by common-area issues. A housing counselor can help you learn about the benefits and limitations of the petitions discussed below. Please note that housing counselors cannot provide legal advice or give you an opinion on the merits of your case.

For information on the hearing process and the Rent Board’s petition filing rules, please visit our The Petition and Hearings Process page. See our Rent Board Petitions page for more information on all petition types. To access petition forms, see our Petition Forms page. 

COMMON TENANT IRA PETITIONS

Tenants most commonly seek rent reductions for the following issues:

• Illegally high rent (including failure to return security deposit)
• Decrease in living space or housing services
• Substantial deterioration; failure to provide adequate services
• Failure to comply with housing codes or the warranty of habitability

TENANT ASSOCIATION IRA PETITIONS 

A tenant association established under the Rent Ordinance (Berkeley Municipal Code section 13.76.135) can seek rent ceiling reductions on behalf of all tenants affected by common area issues. The tenant association files the IRA petition that starts the legal action. To properly file the IRA petition, the tenant association must complete a petition package and send it to the Rent Board and the landlord. The Petition Filing Rules apply to a tenant association the same way they apply to an individual tenant petitioner, with the following additional requirements:

1. The tenant association must attach a copy of the document(s) establishing the tenant association. The document(s) must contain signatures from tenants representing at least half of the occupied rental units.
2. The tenant association must identify the person who will be the Point of Contact throughout the petition process. Only the Point of Contact is authorized to communicate and file petition forms and exhibits with the Rent Board on behalf of the tenant association. The Point of Contact is also the lead contact during the hearing and is authorized to negotiate settlements for the tenant association on behalf of all the tenants.
3. When filing the petition, the tenant association must also distribute an opt-out form and a copy of the Rent Board petition to all the rental units. Any tenant who does not wish to be a part of the case must complete the opt-out form and give it to the tenant association. The tenant association must give completed opt-out forms to the Rent Board. All tenants who do not opt out will be represented by the tenant association and receive any rent ceiling reductions or refunds that might result at the conclusion of the case.

For more information on Tenant Associations, like eligible properties, formation, and landlord obligations, see our Tenant Right to Organize page.