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Council places technical rent‑stabilization amendments on Nov. ballot after compromise on nonprofit fees and duplex protections
Summary
Council voted to place amendments to Berkeley’s Rent Stabilization Ordinance on the Nov. 3 ballot to cap banked AGAs at 10% per year for fully covered units, permit rent‑board fee waivers for nonprofit affordable housing providers, lower the tenant‑organizing threshold and protect sitting tenants from losing rights when ownership or occupancy status changes.
The council voted July 7 to place a package of amendments to Berkeley’s Rent Stabilization Ordinance (RSO) on the November ballot after months of stakeholder work and supplemental language from councilmembers and the Rent Board. The changes are presented to voters as cleanup and targeted clarifications to the RSO that arose after the 2024 Berkeley Tenant Protection and Right to Organize Act.
Key provisions: The amendments would (1) cap the amount of banked annual general adjustments (AGAs) that a landlord may impose on a fully covered unit in a single year so that increases do not exceed 10% in any one year, aligning protections for fully covered units with state protections for partially covered units; (2) authorize the Rent Board to adopt regulations to waive or reduce fees for qualified nonprofit affordable housing providers; (3) lower the tenant‑association threshold to five units (from ten) for formation and recognition; and (4) clarify that current tenants retain rights they had at the start of their tenancy even if the unit later becomes exempt under new ownership or owner‑occupancy rules.
Reasoning and debate: Council member Luna Parra, who presented the measure and co‑chaired the stakeholder working group, said the changes are intended to resolve unintended burdens and ambiguities in the existing ordinance while protecting tenants who may be affected by ownership turnover. Council member Humbert and others emphasized clarifying golden‑duplex and ADU exemptions so that tenants are not stripped of protections by post‑sale owner occupancy. The Rent Board and nonprofit affordable housing providers supported the nonprofit‑fee waiver approach to reduce administrative burden on mission‑driven housing providers.
Public comment: Speakers included nonprofit affordable housing providers supporting fee waivers, Golden‑duplex owners urging fewer regulatory changes, and tenant advocates urging strong protections. The council adopted language offered in the Luna Parra supplemental, incorporated additional clarifying language regarding replacement units, and designated council members to write the official ballot argument in favor.
Vote and next steps: Council approved placing the revisions on the November ballot by roll call and delegated authorship of the argument in favor to Council member Luna Parra, Council member Trego, and Mayor Ishee. If approved by voters, the changes will amend the locally applicable RSO.
—Reporting for this item: text and quotes drawn from Council member Luna Parra’s presentation and Rent Board staff comments in the transcript.
