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Berkeley council adopts ADU condo-conversion route with tenant protections
Summary
The council adopted an ordinance to allow separate sale (condominium conversion) of accessory dwelling units under AB 1033, adding a 90‑day right of first refusal and a five‑year restriction after no‑fault evictions for converted units; the measure passed after debate over fees and production impacts.
Berkeley’s City Council voted to adopt an ordinance implementing AB 1033 that allows accessory dwelling units (ADUs) to be sold separately as condominiums, while preserving tenant protections intended to limit displacement.
The measure, sponsored by planning staff and amended on the dais, creates a ministerial path for ADU condominium conversion and includes tenant safeguards that the council said balance new homeownership pathways with renter stability.
During presentations, Branka Tatarovich, associate planner in the Planning Department, summarized staff’s approach: “The chapter applies only to the separate sale of ADUs on eligible lots and creates no new development rights,” and said the ordinance preserves tenant protections such as the right of first refusal and required…
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