Golden Duplexes & ADUs

PROTECTING OUR COMMUNITY

From the constant attack on property owner rights.

What You Can Do to Help Protect Property Owner Rights

Step 1: Make Plans to Join the Fight!

The City Council Special Meeting to decide ballot measures will be on August 5 at 6:00 pm. Your voice is important! PLAN TO ATTEND.

We need to keep speaking about the realities for those who consider renting out their secondary units! Ask other property owners and realtors you know, to join us in the fight. Pass this website on to others.

What's Being Proposed

Step 2: Come Make Your Voice Heard!

It can make a difference when the public shows up en masse. Attend the City Council meeting, Monday, August 5 at 6:00 pm, in person or via Zoom. You will have a chance to express your opinion when the Mayor invites Public Comment. Follow the Mayor's instructions to "raise" your hand on Zoom if you want to speak. (But it's via Zoom - so you can do other things while waiting your turn to speak!)

Ask the Committee to reject this ballot measure proposal from Councilmember Lunaparra as well as the Mayor and Councilmember Hahn's proposal. Check out our talking points!

Step 3: Contact City Councilmembers and Tell Them How You Feel!

It's easy to contact elected officials to let them know you oppose this proposal ahead of the meeting. If you can't attend the meeting, take the time to send a message to City Council expressing your experience as a small owner and your feelings about this legislation. Here's how.

Property Rights Being Threatened

The history of Golden Duplex & ADU voter-approved Exemptions

In 1982 (and again in 2018 and 2020), the Berkeley voters agreed that living on property with your tenant, creates a relationship similar to having a roommate. An owner and tenant are likely to share common space, interact regularly, and create a more personal relationship.

The Golden Duplex rule says that if an owner of record on December 31, 1979 lived on the property and, an owner of current record lives in one of the units, then the unit rented to the tenant is exempt from rent control and is exempt from Just Cause for Evictions Ordinance.

In 2018 - in coordination with Councilmembers, community members and builders - the voters agreed to extend the protections of a Golden Duplex owner to anyone who built and rented out an Accessory Dwelling Unit (ADU). Community feedback told us that an owner was more likely to rent out the ADU if they were exempt from rent control and the Just Cause ordinance.

These type of personal living arrangements tend to lead to lower rents and more stable housing for tenants. Commissioner Simon-Weisberg is fond of saying that "owners are regularly evicting Golden Duplex and ADU tenants." Time and time again we have asked for proof on the matter, and she refuses. With an eviction rate in Berkeley of less than .01%, we ask how that can be possible?

"Small owners who live onsite with their tenant, have a more personal relationship - one that is akin to a roommate. We share common areas, and the impact of our interactions has a far greater effect on us then an owner that doesn’t live on site. If evictions weren’t so costly and lengthy, and I could quickly disengage from a contentious relationship with my tenant, I wouldn’t be fighting for these protections. But the truth is evictions are expensive, on average take 4-6 months, and in the meanwhile, I am forced to live in close proximity to the tenant that is posing the problem or has violated the lease."

With these exemptions, an owner can more easily make decisions about their property and who lives with them. If the relationship sours, the owner can give the tenant proper notice to vacate -- just as they would if they were renting out a room in their home. Rent Board commissioners are proposing to take away an owner's right to choose who lives on the property with them.

New Registration Requirements for Rental Housing in Berkeley

Single Family Homes, condos, ADUs & New Construction Registration Requirement (Aka "Measure MM")

Despite the fact that single family homes, condos, some new ADUS, and buildings built after 2007 are not subject to rent control due to the Costa Hawkins Rental Act of 1995 (a state law), the voters passed legislation in November 2020 that requires these rental housing providers pay a fee to register their units and come under the watchful eye of the Rent Board. This means owners must required to report information about their tenancies including rental amount, tenant contact info and what is included in the rent. This allows them to track your rental and contact your tenant with information about Rent Board services. For more information, check it out here.