RENT STABILIZATION BOARD OUTREACH COMMITTEE MEETING
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Rent Stabilization Board
RENT STABILIZATION BOARD
OUTREACH COMMITTEE MEETING
Wednesday, January 19, 2022
5:00 p.m.
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH
VIDEOCONFERENCE AND TELECONFERENCE.
Pursuant to Government Code Section 54953(e)(3), City Council Resolution 70,030-N.S., and Berkeley Rent
Stabilization Board (Rent Board) Resolution 21-29, this meeting of the Rent Board’s Outreach Committee
(Committee) will be conducted exclusively through teleconference and Zoom videoconference. Please be
advised that pursuant to the Resolution and the findings contained therein that the spread of COVID-19
continues to be a threat to the public health and that holding meetings of City legislative bodies in person
would present imminent risks to the health and safety of the public and members of legislative bodies.
Therefore, there will not be a physical meeting location available.
To access this meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device by clicking on this
URL: https://us06web.zoom.us/j/89650177721?pwd=MDEzb3A2YS93SGFBcXdhWmI4NUVJUT09. If
you do not wish for your name to appear on the screen, then use the drop-down menu and click on "rename"
to rename yourself to be anonymous. To request to speak, use the “Raise hand” icon by rolling over the
bottom of the screen.
To join by phone: Dial 1-669-900-6833, enter Webinar ID: 896 5017 7721 and Passcode: 351819. If you
wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by
the Committee Chair.
To submit an e-mail comment to be read aloud during public comment, email mlaw@cityofberkeley.info
with the Subject line in this format: “PUBLIC COMMENT ITEM FOR OUTREACH COMMITTEE”.
Please observe a 150-word limit. Time limits on public comments will apply. Written comments will be
entered into the public record. Email comments must be submitted to the email address above by 3:00 p.m.
on the day of the Committee meeting in order to be included.
Please be mindful that this will be a public meeting and all other rules of procedure and decorum will apply
for meetings conducted by teleconference or videoconference.
This meeting will be conducted in accordance with Government Code Section 54953 and all current state
and local requirements allowing public participation in meetings of legislative bodies. Any member of the
public may attend this meeting. Questions regarding this matter may be addressed to DéSeana Williams,
Executive Director, at (510) 981-7368 (981-RENT). The Committee may take action related to any subject
listed on the Agenda.
2125 Milvia Street, Berkeley, CA 94704 TEL: (510) 981-7368 (981-RENT) TDD: (510) 981-6903 FAX: (510) 981-4940
EMAIL: rent@cityofberkeley.info WEB: www.cityofberkeley.info/rentRent Stabilization Board
RENT STABILIZATION BOARD
OUTREACH COMMITTEE MEETING
Wednesday, January 19, 2022 – 5:00 p.m.
AGENDA
1. Roll call (2 min)
2. Approval of the Agenda (2 min)
3. Approval of the Minutes of the December 15, 2021 Meeting (5 min)
4. Public Comment (5 min)
5. Election of Committee Chair (5 min)
6. Discussion and Update/Possible Action re Tenant Survey (10 min)
7. Discussion and Update/Possible Action re Fair Chance Ordinance (10 min)
8. Discussion and Update/Possible Action re Eviction Moratorium (5 min)
9. Discussion and Update/Possible Action re Tenant Protection Ordinance (2 min)
10. Staff Report: Recent and Upcoming Webinars, Workshops (2 min)
11. Schedule Next Meeting Date (2 min)
12. Future Agenda Items (5 min)
13. Adjournment (2 min)
STAFF CONTACT: Moni T. Law, Housing Counselor (510) 981-4906, Ext. 704
COMMITTEE: James Chang, Andy Kelley, Paola Laverde (Chair), Mari MendoncaItem 3.
Rent Stabilization Board
RENT STABILIZATION BOARD
OUTREACH COMMITTEE MEETING
Wednesday, December 15, 2021 – 5:00 p.m.
Minutes (Unapproved)
1. Roll call: Committee Chair Laverde called the meeting to order and M. Law called Roll.
Members present: Kelley, Laverde and Mendonca. Commissioner Chang was absent.
Staff Present: D. Williams and M. Law.
2. Approval of the Agenda: M/S/C (Mendonca/Kelley) Motion to approve the agenda. Roll call vote.
YES: Kelley, Laverde and Mendonca; NO: None; ABSTAIN: None; ABSENT: Chang. Carried: 3-0-
0-1.
3. Approval of the Minutes of the November 17, 2021 Meeting: M/S/C (Laverde/Mendonca) Motion
to approve the minutes of the November 17, 2021 meeting. Roll call vote. YES: Laverde and
Mendonca; NO: None; ABSTAIN: Kelley; ABSENT: Chang. Carried: 2-0-1-1.
4. Public Comment: None.
5. Discussion and Update/Possible Action re Tenant Survey: Committee Staffer Law provided a
brief update on the delay in processing the RFP due to staffing shortages in certain City departments.
Committee Staffer Law will provide additional updates to the committee at the next meeting.
6. Discussion and Update/Possible Action re City Website: Committee Staffer Law provided a brief
update on the City’s new timeline for content creation and migration to the new website and a
proposed soft launch of the new website in Mid-January and a full launch on January 31,2022.
Committee Staffer Law will provide additional updates to the committee at the next meeting.
7. Discussion/Update/Possible Action Fair Chance Ordinance: Committee Staffer Law provided a
brief update on communication from the Underground Scholars at U.C. Berkeley on issues of
housing insecurities certain members are experiencing, on the recently completed “Complaint for
Adverse Action Against Housing Provider” instructions and form. On outreach by Just Cities, BPOA,
Rent Board and other community partners on the Fair Chance Ordinance and plans to expand
outreach to Property Management Companies, Landlords and Tenants. Committee Staffer Law will
provide updates to the committee at the next meeting.
8. Discussion/Possible Action re Eviction/COVID-19 Relief: Committee Staffer Law provided a
brief update to the Committee on the City Council’s vote at its December 14th meeting to continue the
eviction moratorium as long as the health emergency remains in place. The committee also discussed
continued outreach to Landlords and Tenants to apply for rental relief from the Alameda County
Housing Secure program despite the notice on its website, because the Federal Government might
make additional funds available in the near future. No action taken.
2125 Milvia Street, Berkeley, CA 94704 TEL: (510) 981-7368 (981-RENT) TDD: (510) 981-6903 FAX: (510) 981-4910
EMAIL: rent@cityofberkeley.info WEB: www.cityofberkeley.info/rentOutreach Committee Meeting Minutes – December 15, 2021 (Unapproved) –page 2
9. Staff Report: Recent and Upcoming Webinars, Workshops: Committee Staffer Law provided a
brief update on future webinars and community events. Commissioner Kelley suggested re-
promoting some of the relevant webinars and Commissioner Laverde discussed possible outreach on
the Tenant Protection Ordinance. No action taken
10. Schedule Next Meeting Date: The Committee agreed to meet on Wednesday, January 19, 2022 at
5:00 p.m.
11. Future Agenda Items:
• Tenant Protection Ordinance (TPO) outreach
• Invitation to Healthy Black Families, Inc. to discuss their recent “Right to Return” survey
• Source of Income Notices for Section 8
• Eviction Moratorium Rights and Resources flyer
• Explore partnership with Berkeley Business Owners Association on the Survey Incentives
• Tenant Survey, Questions, Timeline, Budget and RFP.
• Fair Chance Ordinance implementation
• Translation of certain key information on the RSB Website to multiple languages
12. Adjournment: M/S/C (Mendonca/Kelley) Motion to adjourn. Roll call vote. YES: Kelley, Laverde
and Mendonca; NO: None; ABSTAIN: None; ABSENT: Chang. Carried: 3-0-0-1. Meeting
adjourned at 6:00 p.m.
STAFF CONTACT: Moni T. Law, Housing Counselor (510) 981-4906, Ext. 704
COMMITTEE: James Chang, Andy Kelley, Paola Laverde (Chair), Mari Mendonca
2125 Milvia Street, Berkeley, CA 94704 TEL: (510) 981-7368 (981-RENT) TDD: (510) 981-6903 FAX: (510) 981-4910
EMAIL: rent@cityofberkeley.info WEB: www.cityofberkeley.info/rentItem 7.
Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
Fair Chance Housing FAQ
for Rental Property Owners and Managers
1. What does the Fair Chance Housing Ordinance do?
The Ron Dellums Fair Chance Access to Housing Ordinance allows for people returning
from incarceration to more easily find housing and/or live with their families. In general,
the Ordinance prohibits housing providers from asking about and using criminal history
and criminal background checks in their rental housing advertising, applications, or
decision-making.
To see the entire Fair Chance Housing Ordinance, go to:
https://www.cityofberkeley.info/Clerk/City_Council/2020/03_Mar/Documents/2020-03-
24_Item_01_Ordinance_7692.aspx
2. When did the ordinance go into effect?
The Ordinance became effective on March 10, 2020. However, there was a six-month grace
period during which time housing providers would not be held liable by the City for a
violation unless the City had first issued a prior warning. This grace period was extended
to January 1, 2021.
3. What does the ordinance prohibit rental housing providers from doing?
It is unlawful to do any of the following with regard to current or prospective tenants:
● Inquire about criminal history
● Indicate that persons with criminal backgrounds will not be considered for housing,
including in rental advertisements, application materials, or verbally refuse to rent
or terminate a tenancy based on criminal history
● Require disclosure or authorization for release of criminal history
● Demand higher security deposit or rental amount based on criminal history
● Refuse to allow the addition of an immediate family member based on the family
member’s criminal history
● Disqualify tenants from rental assistance programs such as Section 8 based on
criminal history (subject to certain exceptions below)
● Treat rental applicants or tenants differently based on their criminal history
4. Does the Ordinance apply to all types of housing? What are the exceptions?
The Ordinance DOES NOT apply to the following types of housing situations:
1. Single-family homes, duplexes, triplexes, and ADUs (Accessory Dwelling Units)
where the owner occupies one of the units.
Page 1 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
2. Tenants who seek to add a co-tenant or a roommate. This exception only applies
when a current tenant is seeking to add someone as a roommate AND that current
tenant (not the landlord) wants to run a criminal background check. Roommates or
groups of people moving in together on a new lease are protected under the
Ordinance. Landlords can't run criminal background checks on new groups of
tenants and cannot run criminal background checks on the people that current
tenants choose.The only time that a Landlord can run a criminal background check
is if they are physically residing in rental housing that's 3 units or under.
3. Units under a rental agreement allowing owners to move back to their home in
accordance with B.M.C. 13.76.130 A.10.
Under certain circumstances, the housing provider may review the State’s lifetime sex
offender registry in compliance with state law. See #6 for more information.
5. Does the Ordinance apply to Section 8 or other Federal Housing Authority operated
housing?
Housing providers of HUD-funded units may conduct a limited criminal background
check as required by federal rules. They must seek written consent from the applicant,
provide the applicant with a copy of the background check, and provide the applicant a
chance to submit rebutting or mitigating information. Optional background checks are
NOT allowed under the Ordinance.
6. Does the Ordinance apply to Affordable Housing Units, including those operated by
nonprofits?
Yes, it does. However, for those units that receive HUD funding, the housing provider
may conduct a limited criminal background check as required by federal rules. They must
seek written consent from the applicant, provide the applicant with a copy of the
background check, and provide the applicant a chance to submit rebutting or mitigating
information. Any optional criminal background check is not allowed.
7. Can housing providers review the State’s lifetime sex offender registry?
Housing providers may review the state’s lifetime sex offender registry if they are
concerned about the safety of persons at risk. However, prior to checking the registry, a
housing provider must first: 1) Include the lifetime sex offender screening requirement in
writing in the rental application; 2) Have already made a conditional housing offer to the
applicant subject to screening; 3) Inform the applicant in advance that the check will be
made; and 4) Request the applicant’s written consent or allow the applicant to withdraw
Page 2 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
their application. In addition, the applicant must be provided with the chance to provide
rebutting or mitigating information.
8. Does the Fair Chance Housing law prevent housing providers from evicting tenants?
No, the Fair Chance Housing ordinance does not prevent housing providers or housing
providers from evicting tenants; however, housing providers are not allowed to use
criminal conviction history as a basis for eviction. People with a criminal history share the
same rights and protections as any other tenant under Berkeley’s Just Cause Eviction or
Fair Housing laws.
9. How is the Fair Chance Housing law enforced?
Formerly incarcerated applicants and tenants, as well as applicants and tenants seeking to
add a formerly incarcerated person to their lease, may file a complaint with the City and/or
file a lawsuit if they believe a housing provider has violated the Ordinance. In addition,
close family members of formerly incarcerated residents can file a complaint with the City.
The City may issue civil penalties of at least $1,000 and up to $10,000 per violation. The
City may also file an enforcement action in Court against a housing provider.
10. As a housing provider, don’t I have the right to review all of the information that’s
available on a potential tenant?
Housing providers have a right to information that’s relevant to entering into a rental
agreement with an applicant—namely if the person is going to abide by the terms of the
lease, and pay rent on time. The Fair Chance Housing Ordinance does not take away the
housing provider’s right to review references, employment and income status, credit
reports, eviction records, and other relevant information.
11. Can housing providers state, “no criminal records,” “no felons,” “clean record
required,” or something similar when advertising a unit for rent or talking to
potential applicants?
No. Housing providers cannot advertise, publicize, or have a policy that automatically or
categorically excludes applicants with an arrest record, conviction record, or criminal
history from rental housing in the City of Berkeley.
12. Can housing providers ask, “Have you or any household member ever been convicted
of a crime?” on a rental application or when talking to an applicant?
No. Housing providers or any person cannot inquire about or require an applicant to
disclose this information. The only exceptions are when state or federal law requires
Page 3 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
criminal background checks for certain types of subsidized housing. Even in those
instances, Berkeley’s Fair Chance Housing laws require those housing providers to follow
due process protections. In addition, no optional criminal background checks are allowed.
13. As a housing provider do I have to notify potential applicants of their rights under
this notice?
Yes. Housing Providers must include the City’s Notice to Rental Applicants and Tenants
prominently on their application materials, websites, and at any locations under their
control that are frequently visited by applicants. The notice can be found on the City’s
website at https://www.cityofberkeley.info/fairchance.aspx
14. I’m with a third-party leasing/renting agency (i.e. Zillow, Onerent) and believe that
the best way to verify an applicant’s identity is through a criminal background check?
Can my company do that?
No. The law prohibits ANY person, organization, or company that owns, manages, or
leases housing in the City of Berkeley from requiring disclosure, inquiring about, or taking
any adverse action based on arrest records, conviction records, or criminal history, unless
an exclusion applies. The screening company may check the accuracy of the information
through other means, such as a credit check.
15. Where can I go to find additional information? Who can I ask if I still have
questions?
For more information from the city, contact:
Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7368, TDD: (510) 981-6903, FAX: (510) 981-4910
Email: rent@cityofberkeley.info
Website: https://www.cityofberkeley.info/rent/
For mediation services, contact:
SEEDS
2530 San Pablo Ave. Suite A,
Oakland, CA 94702
510-548-2377
Email: info@seedscrc.org
Seedscrc.org
For rental housing provider guidance contact:
Page 4 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
Berkeley Property Owners Association
2041 Bancroft Way, Suite 203
Berkeley, CA 94704
510-525-3666
Email: bpoa@bpoa.org
www.bpoa.org
Page 5 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
Berkeley Fair Chance Housing FAQ
for Formerly Incarcerated and Families
1. If I have a criminal record, what are my rights under the Fair Chance Housing
Ordinance?
The Ron Dellums Fair Chance Access to Housing Ordinance allows for people
returning from incarceration to more easily find housing and/or live with their families. In
general, the Ordinance prohibits housing providers from asking about and using criminal
history and criminal background checks in their rental housing advertising, applications,
or decision-making.
To see the entire Fair Chance Housing Ordinance, go to:
https://www.cityofberkeley.info/Clerk/City_Council/2020/03_Mar/Documents/2020-03-
24_Item_01_Ordinance_7692.aspx
2. When did the Ordinance go into effect?
The Ordinance became effective on March 10, 2020. However, there was a six-month grace
period during which time housing providers would not be held liable by the City for a
violation unless the City had first issued a prior warning. This grace period was extended
to January 1, 2021. At this point, applicants who believe they have been unfairly denied
can speak with their housing provider to find a resolution, file a claim with the city, or seek
recourse in court.
3. Does the Ordinance apply to all types of housing? What are the exceptions?
The Ordinance DOES NOT apply to the following types of housing situations:
1. Single-family homes, duplexes, triplexes, and ADUs (Accessory Dwelling Units)
where the owner occupies one of the units.
2. Tenants who seek to add a co-tenant or a roommate. This exception only applies
when a current tenant is seeking to add someone as a roommate AND that current
tenant (not the landlord) wants to run a criminal background check. Roommates or
groups of people moving in together on a new lease are protected under the
Ordinance. Landlords can't run background checks on new groups of tenants and
cannot run background checks on the people that current tenants choose.The only
time that a Landlord can run a criminal background check is if they are physically
residing in rental housing that's 3 units or under.
3. Units under a rental agreement allowing owners to move back to their home in
accordance with B.M.C. 13.76.130 A.10.
Page 1 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
Under certain circumstances and under the parameters of State law, the housing provider
may review the State’s lifetime sex offender registry. See #7 for more information.
4. Does the Ordinance apply to Section 8 or other Federal Housing Authority operated
housing?
Yes it does. However, housing providers of HUD-funded units may conduct a limited
criminal background check if required by federal rules. The current HUD rules only
automatically exclude applicants who were convicted of manufacturing methamphetamine
or are on a lifetime sex offenders registry. However, the HUD-funded housing provider
must first seek written consent from the applicant before conducting a criminal background
check, provide the applicant with a copy of the background check, and provide the
applicant with a chance to submit rebutting or mitigating information. Any optional or
discretionary criminal background check not required by law is not allowed.
5. Does the Ordinance apply to affordable housing units, including those operated by
nonprofits?
Yes, it does. However, for those units that receive HUD funding, the housing provider may
conduct a limited criminal background check if required by federal rules. They must first
seek written consent from the applicant, provide the applicant with a copy of the
background check, and provide the applicant a chance to submit rebutting or mitigating
information. Any optional or discretionary criminal background check not required by law
is not allowed.
6. What information do landlords have the right to access about applicants?
Housing providers have a right to the information that’s relevant to entering into a rental
agreement with an applicant—such as whether that person is going to abide by the terms
of the lease or pay rent on time. Under the Fair Chance Housing Ordinance, housing
providers can still ask for references, employment and income status and details, credit
reports, eviction records, and other relevant information.
7. Can housing providers review the State’s Lifetime Sex Offender Registry?
Housing providers can review the State’s lifetime sex offender registry if they are
concerned about the safety of persons at risk. However, a housing provider can only check
the registry if they have already made a conditional offer to rent to the applicant and the
applicant has agreed in writing to the check. In addition, the applicant must be provided
the chance to provide rebutting or mitigating information.
Page 2 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
8. Does Fair Chance Housing prevent landlords from evicting tenants?
No, the Fair Chance Housing ordinance does not prevent landlords from evicting tenants;
however, landlords are not allowed to use criminal conviction history as a basis for
eviction. People with a criminal history share the same rights and protections as any other
tenant under Berkeley’s Good Cause Eviction or Fair Housing laws.
9. What are the options for taking legal action against a landlord?
Anyone who believes that their rights under the Ordinance have been violated have several
options.
1. File a complaint with the City of Berkeley and have the City hold a hearing on the
claim. The complaint form can be found at
https://www.cityofberkeley.info/fairchance.aspx
For more information on filing a complaint and the hearing process, you can contact
the Berkeley Rent Stabilization Board at (510) 981-7368 or by email at
rent@cityofberkeley.info
In addition, close family members of people with criminal records can file a
complaint on their family member’s behalf. Close family members do NOT need
to be living in the unit in question in order to file a complaint for a formerly
incarcerated family member. See #10 for more information.
2. File a lawsuit in court. There are free legal service lawyers available, and the
Berkeley Rent Stabilization Board can provide referrals and can be contacted here:
(510) 981-7368 or by email at rent@cityofberkeley.info
3. The East Bay Community Law Center runs a dedicated Fair Chance Housing
hotline. Call 510-548-4040 (Select Clean Slate - menu option 5).
The Berkeley City Attorney also has the discretion to take legal action on behalf of the City of
Berkeley against housing providers who they believe are in violation of the ordinance. You can
contact the City Attorney at attorney@cityofberkeley.info or by calling (510) 981-6950.
10. If I am a family member of someone formerly incarcerated, what action can I take?
Family members who feel adverse action has been taken against them can take legal action.
Adverse action includes being prevented from adding a close family member with a
criminal history to their household, being told that they can no longer rent their unit due to
an occupant having a criminal history, having a tenant subsidy reduced or shortened, or
Page 3 of 4Berkeley Rent Stabilization Board
2125 Milvia Street, Berkeley, CA 94704
510-981-7368
rent@cityofberkeley.info
being treated differently from other tenants or applicants (for example, requirements for
higher rent or security deposit). See # 9 for the legal actions that can be taken.
Close family members also have the right to file a complaint on behalf of their formerly
incarcerated family members. Family members do NOT need to be living in the unit a
formerly incarcerated person is applying to or living in. For example, a family member
who does not live in Berkeley can file a complaint with the city for their formerly
incarcerated family member who is seeking housing in Berkeley.
Close family members include a spouse, domestic partners, parents, children, siblings,
grandparents, grandchildren.
11. Where can I go to find additional information? Who can I ask if I still have questions?
For more information from the city, contact:
Berkeley Rent Stabilization Board:
2125 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7368, TDD: (510) 981-6903, FAX: (510) 981-4910
Email: rent@cityofberkeley.info
Website: https://www.cityofberkeley.info/rent/
For tenant legal services, contact any of the following organizations:
Centro Legal de la Raza East Bay Community Law Center
3022 International Blvd., 4th Floor 2921 Adeline St.,
Oakland , CA 94601 Berkeley, CA 94703
510-437-1554 510-548-4040
tenantsrights@centrolegal.org info@ebclc.org
centrolegal.org ebclc.org
Eviction Defense Center
350 Frank Ogawa Plaza, Suite 703
Oakland, CA 94612
510 452 4541
evictiondefensecenteroakland.org
For mediation services, contact:
SEEDS
2530 San Pablo Ave. Suite A,
Oakland, CA 94702
510-548-2377
Email: info@seedscrc.org
Seedscrc.org
Page 4 of 4Item 8.
Item 9.
Notice of Tenant Protection Ordinance
In March 2017, the City Council adopted the Tenant Protection Ordinance, to prohibit illegal
evictions through the use of fraudulent and/or misleading representations, intimidating conduct,
and coercive conduct.
Among other things, the Tenant Protection Ordinance prohibits conduct that may coerce a
tenant to vacate a rental unit involuntarily. The following is only a summary of the illegal
conduct; for a complete list, you are advised to review the attached copy of the Tenant
Protection Ordinance, or review Berkeley Municipal Code 13.79.060.
Landlords must not, in bad faith, engage in any of the following conduct:
• Lies, threats, or use of violence to induce a Tenant to move.
• Threats regarding immigration status.
• Disruption of services to the rental unit.
• Interference with the right of privacy, including inquiries about immigration status.
• Abuse of the right of access to the rental unit.
• Exploitation of disabilities or other traits of the Tenant.
• Failure to perform and complete repairs in a timely and professional manner.
• Threats not to perform repairs and maintenance.
• Failure to accept or acknowledge receipt of a Tenant’s rent, or to promptly deposit the
rent, or to refuse to provide a receipt.
• Violations of the Tenant Buyout Ordinance (B.M.C.13.79.050)
• Engagement of any Tenant in any form of human trafficking as a condition of that
Tenant’s continued occupancy of a Rental Unit.
Note: A tenant aggrieved by violations of the Tenant Protection Ordinance may bring a
civil action in court against the landlord. Violators may be held liable for damages
(including emotional distress, and an additional penalty of up to $5,000 for each
violation against any person who is disabled or age sixty-five or over), court costs, and
attorney's fees. For violations related to repairs, Tenants must first provide fifteen days'
notice of the violations (see B.M.C. 13.79.060.E.2).
The City, or the Rent Board at the City's behest, may also file a civil action to enforce
the Tenant Protection Ordinance.
If you are experiencing any of the conduct detailed above, you may contact the Rent Board for
more information, at (510) 981-7368 or rent@cityofberkeley.info.
This disclosure notice is required to be provided at the inception of any tenancy beginning
after April 2017, and must be included with any eviction notice. Failure to include this notice
is a defense to unlawful detainer (eviction).
2125 Milvia Street, Berkeley, California 94704
TEL: (510) 981-7368 (981-RENT) TDD: (510)981-6903 FAX: (510)981-4910
E-MAIL: rent@cityofberkeley.info INTERNET: www.cityofberkeley.info/rentBerkeley Tenant Protection Ordinance - Page 1 of 8
ORDINANCE NO. 7,537–N.S.
AMENDING BERKELEY MUNICIPAL CODE CHAPTER 13.79 TO PROHIBIT TENANT
HARASSMENT
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. Title
This Ordinance shall be known as the “Berkeley Tenant Protection Ordinance”.
Section 2. That Berkeley Municipal Code Chapter 13.79 is amended to read as follows:
Chapter 13.79
TENANT PROTECTIONS: AUTOMATICALLY RENEWING LEASES AND BUYOUT
AGREEMENTS
Sections:
13.79.010 Owner provision of notice of intent not to renew.
13.79.020 Notice of intent not to renew or extend the lease.
13.79.030 Rent Board notification of automatically renewing lease.
13.79.040 Remedies--Civil penalty--Not exclusive.
13.79.050 Buyout offers and agreements.
13.79.060 Tenant Protections.
13.79.070 Severability.
13.79.010 Owner provision of notice of intent not to renew.
A landlord of residential rental property who has leased a residential rental unit
pursuant to a written lease which provides for the automatic renewal or extension of the
lease for all or part of the lease term shall provide the lessee(s) a form notice of the
lessees’ intent not to renew or extend the lease at the time the lease is executed.
13.79.020 Notice of intent not to renew or extend the lease.
Where a lessee has leased residential rental property pursuant to a written lease that
provides for the automatic renewal or extension of the lease for all or part of the lease
term and the lessee provides written notice of his or her intent not to renew or extend the
lease to the landlord either on the form provided by the landlord pursuant to Section
13.79.010 or any other writing at any time prior to 30 days before the expiration of the
lease, the lessee shall not be subject to the automatic renewal clause.
13.79.030 Rent Board notification of automatically renewing lease.
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A. A landlord of residential rental property who has leased a residential rental unit
pursuant to a lease which provides for the automatic renewal or extension of the lease
for all or part of the lease term and who is subject to the registration requirements of
Section 13.76.080 shall notify the Rent Stabilization Board at the time the landlord files a
Vacancy Registration Form for a new tenancy that the lease includes an automatic
renewal provision.
B. A landlord of residential rental property who has leased a residential rental unit
pursuant to a lease which provides for the automatic renewal or extension of the lease
for all or part of the lease term and who is not subject to the registration requirements of
Section 13.76.080 shall notify the Rent Stabilization Board within 20 days from the date
of lease execution that the lease includes an automatic renewal provision.
13.79.040 Remedies--Civil penalty--Not exclusive.
A. The remedies provided under this Section are in addition to any the City or any
person might have under applicable law.
B. Any person aggrieved by the landlord’s failure to comply with this Chapter may
bring a civil action against the landlord of the residential rental property for all appropriate
relief including damages and costs which she or he may have incurred as a result of the
landlord’s failure to comply with this Chapter.
C. In any action to recover damages resulting from a violation of this Chapter, the
prevailing plaintiff(s) shall be entitled to reasonable attorneys’ fees in addition to other
costs, and in addition to any liability for damages imposed by law.
13.79.050 Buyout offers and agreements.
A. This Section applies to every controlled rental unit and all rental units subject to
the "good cause" eviction protections codified in Berkeley Municipal Code Section
13.76.130.
B. The following definitions apply for the purposes of this Section:
1. "Buyout agreement" means an agreement wherein the landlord pays the tenant
money or other consideration to vacate the rental unit. An agreement to settle a pending
unlawful detainer action shall not be a "Buyout Agreement."
2. "Buyout offer" means an offer, written or oral, by a landlord to pay a tenant money
or other consideration to vacate a rental housing unit. An offer to settle a pending unlawful
detainer action shall not be a "buyout offer."
C. Prior to making a buyout offer for a controlled rental unit, the landlord shall provide
each tenant in that unit a written disclosure, on a form developed and authorized by the
City or Rent Stabilization Board, that shall include the following:
1. A statement that the tenant has a right not to enter into a buyout agreement;
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2. A statement that the tenant may choose to consult with an attorney before entering
into a buyout agreement;
3. A statement that the tenant may rescind the buyout agreement for up to thirty days
after it is fully executed;
4. A statement that the tenant may consult the Rent Stabilization Board with respect
to the buyout agreement;
5. Any other information required by the Rent Stabilization Board consistent with the
purposes and provisions of this Section; and
6. A space for each tenant to sign and write the date the landlord provided the tenant
with the disclosure.
D. Every buyout agreement shall be in writing and include the following statements in
bold letters in at least fourteen-point type in close proximity to the space reserved for the
signature of the tenant(s):
You may cancel this agreement in writing at any time before the thirtieth day
after all parties have signed this agreement. You have a right not to enter into
a buyout agreement. You may choose to consult with an attorney or the Rent
Stabilization Board before signing this agreement. The Rent Stabilization Board
may have information about other buyout agreements in your neighborhood.
E. A buyout agreement that does not satisfy all the requirements of this Section shall
not be effective and shall be void at the option of the affected tenant(s). However any
remedy based on an ineffective or void buyout agreement shall not include displacement
of a subsequent tenant or tenants of the affected unit.
F. A tenant shall have the right to rescind a buyout agreement for up to thirty days
after its execution by all parties. In order to rescind a buyout agreement, the tenant must
hand-deliver, e-mail, or place in the U.S. mail a statement to the landlord indicating that
the tenant has rescinded the buyout agreement no later than the 30th day after it is
executed by all parties.
G. 1. The landlord shall retain a copy of each signed disclosure form for five years,
along with a record of the date the landlord provided the disclosure to each tenant, and
shall give each tenant a copy of the buyout agreement at the time the tenant executes it.
2. The landlord shall provide a copy of the buyout agreement to the Rent Stabilization
Board no sooner than the thirty-first day after the buyout agreement is executed by all
parties, and no later than sixty days after the agreement is executed by all parties.
H. 1. The buyout agreements must be maintained by the Board’s legal staff in a file
that is separate from any other file.
2. All information included in the buyout agreements by which an individual might
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reasonably be identified ("personally-identifying information"), including without limitation
an individual’s name, phone number, unit number, or specific street address, must be
maintained as confidential.
3. The Board shall collect data from the filed buyout agreements--including, without
limitation, the compensation paid as consideration for the agreement and the
neighborhood of the affected unit--and shall make that data public; but only to the extent
that no personally-identifying information is revealed. (Ord. 7469-NS § 2, 2016)
13.79.060 Tenant Protections
A. The purposes of this Section include:
1. Encouraging lawful conduct between occupants of rental units used for residential
purposes in the City of Berkeley and the owners of such rental units (including the
agents of owners and others acting in concert with such persons);
2. Maintaining peaceful relations in the community and minimizing breaches of the
peace by discouraging self-help evictions, protecting vulnerable portions of the
Berkeley community, preserving Berkeley’s affordable residential housing stock,
minimizing further burden on the City’s health care system caused by victims of
involuntary displacement, minimizing additional burdens on the City’s school
system, students, and their families created by students being forced to withdraw
from or change schools due to family displacement.
3. To further the City’s interest in prohibiting illegal evictions through the use of
fraudulent and/or misleading representations, intimidating conduct, and coercive
conduct.
4. This Section augments existing City ordinances, and other laws, to achieve
stability in our inter-personal relationships, our communities, our markets, and to
promote the common welfare in upholding fundamental human rights.
B. The following definitions apply for the purposes of this Section:
1. “Tenant” shall mean any renter, tenant, subtenant, lessee, or sublessee of a
Rental Unit, as that term is defined herein, or any group of tenants, subtenants,
lessees, or sublessees of any Rental Unit entitled to the use or occupancy of such
Rental Unit.
2. “Landlord” shall mean an owner of record, agent of such owner, contractor for the
Landlord, or subcontractor performing work for the benefit of the Landlord, lessor,
sublessor or any other person or entity entitled to receive rent, or who actually
receives rent, for the use or occupancy of any Rental Unit, or any, representative
or successor of any of the foregoing.
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3. "Rental Unit" shall mean any real property, or portion thereof, including the land
appurtenant thereto, rented, or available for rent, which is used for residential use
or occupancy, as well as Live/Work Units as defined in Chapter 23F.04, together
with all housing services connected with use or occupancy of such property such
as common areas and recreational facilities held out for use by the Tenant.
C. No Landlord of any Rental Unit located in the City of Berkeley, shall do any of the
following in bad faith:
1. Influence, or attempt to influence a Tenant to vacate a Rental Unit through fraud
or intimidation, or through unauthorized physical acts.
2. Threaten by use of fraud, intimidation, or coercion to terminate a tenancy, to
recover possession of a Rental Unit, or to evict a Tenant from a Rental Unit.
Such threats shall include threatening to report any Tenant, occupant, or guest
of any Tenant or occupant, to U.S. Immigration and Customs Enforcement
3. Reduce, interrupt, or withhold any services or amenities provided to the Tenant
pursuant to the rental agreement, custom, or law. Such services include, but
are not limited to, provision of the quiet use and enjoyment of the Rental Unit.
4. Interfere with any Tenant’s rights of privacy. Unlawful interference with a
Tenant’s right to privacy shall include, but is not limited to, requesting
information regarding citizenship or residency status or social security number
of any Tenant or member of the Tenant’s family or household, occupant, or
guest of any Tenant, except for the purpose of obtaining information for the
qualifications for a tenancy prior to the inception of a tenancy. Unlawful
interference with the right to privacy also includes releasing any confidential
information regarding any person described in this subdivision, except as
required by law.
5. Abuse the limited right of access into a Rental Unit as established and limited
by Civil Code 1954.
6. Abuse, exploit, discriminate, or take advantage of, any actual or perceived
disability, trait or characteristic of any Tenant, including, but not limited to, the
Tenant’s participation in any section 8, housing choice voucher, or other
subsidized housing program.
7. Fail to perform any repairs in a timely and professional manner that minimizes
inconvenience to the Tenant; or fail to exercise due diligence in completing
repairs and maintenance once undertaken; or fail to follow appropriate industry
standards to or protocols designed to minimize exposure to noise, dust, lead
paint, asbestos, other building materials with potentially harmful health impacts.
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8. Threaten to not perform repairs and maintenance required by contract, custom,
or law, or threaten to do so.
9. Fail to accept or acknowledge receipt of a Tenant’s rent, or to promptly deposit
a Tenant’s rent payment, or to promptly provide a receipt to a tenant upon
request, except as such refusal may be permitted by state law after a notice to
quit has been served and the time period for performance pursuant to the notice
has expired.
10. Offer payments to a Tenant to vacate without providing written notice to the
Tenant of his or her rights under this Chapter, using the form prescribed by City
staff; however this shall not prohibit offers made in pending unlawful detainer
actions.
11. Engage any Tenant in any form of human trafficking as defined by California
Penal Code section 236.1, as a condition of that Tenant’s continued occupancy
of a Rental Unit.
D. The Berkeley Rent Stabilization Board may enact regulations to implement this
Section.
E. Notices
1. Landlords are required to provide a notice regarding the provisions of
Section 13.79.060 to all Tenants using the required form prescribed by the
City staff, at the beginning of a tenancy and with any notice of termination
of tenancy. Failure to provide said notice shall be a defense in any unlawful
detainer action.
2. Before a Tenant may file a civil suit alleging a violation of Section
13.79.060(C), subsections 7, 8 , the affected Tenant must first notify the
Landlord or his or her designated agent regarding the problem. If the
allegation is a violation, the Tenant must allow fifteen (15) days for the
Landlord to correct the problem, unless the Landlord notifies the Tenant
that the repairs will take more than fifteen (15) days and provides for a
reasonable time period for completion. If the repair takes more than
fifteen (15) days, the Tenant may file the civil suit if the Landlord does not
take reasonable steps to commence addressing the problem or the
Landlord does not follow through to complete the repairs with reasonable
diligence.
F. This Section shall not apply to recovery of possession of the following types of
Rental Units.
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1. Rental Units in properly licensed hospitals, skilled nursing facilities, health care
facilities, non-profit facilities whose primary purpose is to provide short term
treatment for alcohol drug, or substance abuse, Rental Units provided
incidental to alcohol, drug, or substance abuse recovery programs, or
transitional housing for homeless persons that is in compliance with Health &
Safety Code sections 1502, et seq.
2. A Rental Unit that is rented by a nonprofit, accredited institution of higher
education to a Tenant or Tenants who are student(s), faculty, or staff of the
institution or a member school of the Graduate Theological Union, provided,
however, that the institution owned the Rental Unit as of January 1, 1988.
G. This Section is remedial to accomplish the goals herein expressed. It shall be
interpreted and applied liberally to accomplish those goals.
H. Remedies
1. Any person aggrieved by a violation of this Section, any person or entity who will
fairly and adequately represent the interests of the protected class, the City or
the Rent Board at the behest of the City, may file a civil action to enforce this
Section.
2. The relief available to a plaintiff in such an action may include an injunction; all
actual damages suffered by any aggrieved party; and an award of civil penalties
in the sum of between one thousand dollars and ten thousand dollars for each
violation.
3. An award of actual damages may include an award for mental and/or emotional
distress and/or suffering. The amount of actual damages awarded to a prevailing
plaintiff shall be trebled by the Court outside of the presence, and without the
knowledge of, the jury, if any, if a defendant acted in knowing violation of, or in
reckless disregard of, the provisions of this Section.
4. A defendant shall be liable for an additional civil penalty of up to five thousand
dollars for each violation of this Section committed against a person who is
disabled within the meaning of California Government Code section 12926, et
seq., or aged sixty-five or over.
5. A prevailing defendant in a civil action under this subdivision shall only be entitled
to an award of attorneys’ fees if it is determined by the Court the action was
wholly without merit or frivolous.
6. Nonexclusive Remedies and Penalties. The remedies provided in this
subdivision are not exclusive, and nothing in this Section shall preclude any
person from seeking any other remedies, penalties or procedures provided by
law.
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I. All forms of retaliation against any Tenant because of the Tenant’s exercise of her,
his, or their rights under this Section, including a Tenant’s objecting to a Landlord’s
conduct alleged to be a violation of this Section, is prohibited. Any such retaliation,
and/or any other violation of this ordinance, may be asserted as an affirmative
defense by a Tenant in any action to recover possession of a Rental Unit.
J. Lawful Evictions
Nothing in this Section shall be construed to prevent the lawful eviction of a Tenant
by appropriate legal means.
13.79.070 Severability
If any word, phrase, sentence, part, section, subsection, or other portion of this title, or
any application thereof to any person or circumstance is declared void, unconstitutional,
or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or
other portion, or the prescribed application thereof, shall be severable, and the remaining
provisions of this chapter, and all applications thereof, not having been declared void,
unconstitutional or invalid, shall remain in full force and effect. The City Council hereby
declares that it would have passed this title, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the
display case located near the walkway in front of Council Chambers, 2134 Martin Luther
King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each
branch of the Berkeley Public Library and the title shall be published in a newspaper of
general circulation.
At a regular meeting of the Council of the City of Berkeley held on March 14, 2017,
this Ordinance was passed to print and ordered published by posting by the following
vote:
Ayes: Bartlett, Davila, Droste, Hahn, Maio, Wengraf, Worthington and Arreguin.
Noes: None.
Absent: None.
Ordinance No. 7,537-N.S. Updated 11/2017You can also read
