CITY OF BERKELEY
RENT STABILIZATION BOARD
2125 Milvia Street, Berkeley, CA 94704
TEL: (510) 981-7368 (981-RENT) TDD: (510) 981-6903 FAX: (510) 981-4940
E-MAIL: rent@ci.berkeley.ca.us INTERNET:
I
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PETITION
RENT WITHHOLDING
FAILURE
REGISTER
NSTRUCTIONS FOR
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GENERAL INFORMATION
Berkeley’s Rent Stabilization Ordinance requires landlords to file an Initial Registration Statement and, for each
tenancy beginning on or after January 1, 1996, a Vacancy Registration form, and to pay an annual registration
fee for any unit that is rented or is available for rent for residential use, unless exempted. Exemptions found in
the Ordinance (B.M.C. Sec. 13.76.050) include, but are not limited to: units constructed after June 1, 1980;
units in owner-occupied (as a principal residence by a record owner of 50% or more) duplexes, if they were
owner-occupied on December 31, 1979; units where an owner (record owner of 50% or more) shares kitchen or
bath with the tenant(s); units rented under a federal subsidy; and qualifying fraternities and sororities. Most
single-family homes with tenancies that began on or after January 1, 1996, are exempt under the Costa-Hawkins
Rental Housing Act and Regulation 508.
A tenant who resides on a property that is subject to the Ordinance and is not properly registered may petition
the Rent Board for authorization to withhold rent until the property is registered. You may find it helpful to
review B.M.C. section 13.76.150 and Chapter 15 of the Regulations. Copies of the Ordinance and Regulations
are available at the Rent Board’s office, the Berkeley Public Libraries and on the Internet
( ). Rent Board counselors are available to answer questions about the
petition process, in person or by telephone at the number listed above, Mondays, Tuesdays, Thursdays and
Fridays, 9:00 a.m. to 4:45 p.m., and Wednesdays, 12:00 p.m. to 6:30 p.m. If, after consulting with Rent Board
staff, you believe that the property you occupy is subject to rent control and not properly registered, complete
and file the attached rent withholding (RWN) petition.
FILING AN RWN PETITION
To request authorization to withhold rent, you must mail or bring the following items to the above address:
1. A completed petition signed by all petitioning tenants;
2. A proof of service stating that the landlord was served a copy of the petition and any documentation
either by first-class mail or in person.
A completed proof of service is required each time documents related to the petition are filed.
AFTER A PETITION IS FILED
Rent Board staff will investigate the allegations in the petition and prepare a report of the findings of the
investigation, which will be mailed to all parties before the hearing. If registration status can be determined
from Rent Board records, a tentative decision may be issued. If relevant facts are in dispute, a hearing will be
scheduled before a Hearing Examiner. Notice of the time, date and place of hearing, and information about the
hearing process, will be mailed to all parties no later than ten days before the scheduled date of the hearing. All
parties will have an opportunity to be heard.
After the hearing, the Hearing Examiner will issue a written decision and a copy will be mailed to the parties.
If it is determined that the rental property is not properly registered and the landlord does not register within the
time allowed, the tenant will be authorized to withhold future rent until the property is registered. The tenant
will be directed to deposit rent in an escrow account maintained by the Board. The escrow funds will be
disbursed in accordance with Regulation 1532.
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