Berkeley Rent Board: Complete Landlord Guide

What the Berkeley Rent Board Does

• Sets the Annual General Adjustment (AGA) — the maximum annual rent increase for covered units
• Maintains the rental registry — all covered units must register and pay annual fees
• Processes eviction notices — landlords must provide a copy of all eviction notices to the Board
• Mediates disputes — offers free mediation between landlords and tenants
• Reviews capital improvement petitions — approves pass-throughs for qualifying improvements

Which Units Are Covered?

Covered: Most residential rental units built before June 1980.

Exempt:

• Owner-occupied buildings of 2 or fewer units (owner must actually live there)
• New construction after June 1980 (Costa-Hawkins Act)
• Government-subsidized housing (Section 8 project-based, public housing)
• Single-family homes and condos (Costa-Hawkins exemption, but AB 1482 may still apply)

Even exempt units may be subject to AB 1482 statewide rent caps if they don’t qualify for a separate AB 1482 exemption.

Registration Requirements

• Annual registration fee: approximately $300 per unit (set annually by the Board)
• Registration deadline: fees are due each year with the billing cycle (typically July)
• New owners: must register within 30 days of acquisition
• How to register: online at rentboard.berkeleyca.gov or in person at the Board offices

2026 Annual General Adjustment (AGA): 1.0%

Effective date: The AGA takes effect January 1 each year. You can only implement the increase on the tenant’s rent anniversary date with 30 days’ written notice.

Banking Unused Increases

If you don’t take a rent increase in a given year, you can “bank” the unused AGA and apply it in a future year. Banked increases are cumulative, so if you skip 3 years at 1.0% each, you can take a one-time 3.0% increase (in addition to the current year’s AGA). The total increase is still subject to the 30-day or 90-day notice requirement based on the percentage.

Just Cause Eviction

Berkeley has its own just cause eviction ordinance (separate from AB 1482). You can only evict for one of these reasons:

1. Non-payment of rent
2. Breach of lease terms
3. Nuisance or substantial damage
4. Illegal use of the unit
5. Refusal to execute a new lease with similar terms
6. Refusal to allow lawful access
7. Unapproved subtenant after written notice
8. Owner move-in (strict requirements)
9. Demolition or removal from rental market (Ellis Act)
10. Substantial rehabilitation
11. Lead paint remediation
12. Code compliance requiring vacancy

Relocation payments are required for most no-fault evictions (owner move-in, demolition, Ellis Act). Amounts are set by the Board and adjusted annually.

Capital Improvement Pass-Throughs

Landlords can petition the Rent Board for rent increases above the AGA to cover qualifying capital improvements:

• 12+ unit buildings: must get Board approval before implementing the pass-through
• Under 12 units: can implement without prior approval but must register the improvement
• Qualifying improvements: new roof, seismic retrofit, plumbing/electrical replacement, ADA compliance, energy efficiency upgrades
• Amortization: costs are amortized over the useful life of the improvement (typically 5–20 years)

Contact the Berkeley Rent Board

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