Berkeley Mun. Code Chapter 13.76 § 13.76.040
Definitions (Berkeley Rent Stabilization and Eviction for Good Cause Ordinance)
Operative Text
A. "Board" refers to the elected Rent Stabilization Board established by this Chapter and Article XVII of the Charter of the City of Berkeley. B. "Commissioners" means the members of the Board who are denominated commissioners. C. "Housing services" include but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishing, telephone, parking and any other benefit, privilege or facility connected with the use or occupancy of any rental unit, including the right for tenants to organize as set forth in Section 13.76.135 . Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained. D. "Landlord" means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing. E. "Rent" means the consideration, including any deposit, bonus, benefit or gratuity demanded or received for or in connection with the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, monies and fair market value of goods or services rendered to or for the benefit of the landlord under the rental agreement. F. "Rental agreement" means an agreement, oral, written or implied, between a landlord and a tenant for use or occupancy of a rental unit and for housing services. G. "Rental unit" means any unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy (including units covered by the Berkeley Live/Work Ordinance No. 5217-NS ), located in the City of Berkeley, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant. H. "Property" means a parcel of real property which is assessed and taxed as an undivided whole. I. "Tenant" means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter’s interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit. J. "Partially-covered unit" means any rental that is subject to all sections of this Chapter except: Section 13.76.100 : Establishment of base rent ceiling and posting; Section 13.76.110 : Annual general adjustment of rent ceilings; and Section 13.76.120 : Individual adjustments of rent ceilings. K. "Fully-exempt unit" means any rental unit that is not subject to any section of this Chapter. L. "Tenant Association" means any group of tenants, residing in rental units in the same building or in different buildings operated by the same management company, agent or landlord, which requests to be so designated as set forth in Section 13.76.135 of this Chapter. M. "Rent ceiling" means the maximum allowable rent which a landlord may charge on any rental unit covered by this Chapter. N. "Base rent ceiling" means the maximum allowable rent established under Section 13.76.100 of this Chapter. O. "Fees" means for the purpose of this Chapter, a charge fixed by law for services of public officers or for use of a privilege under control of government.
Section 13.76.040 of the Berkeley Municipal Code establishes the core vocabulary used throughout Berkeley's Rent Stabilization Chapter, defining key terms such as 'rent,' 'rental unit,' 'housing services,' 'landlord,' and 'tenant.' Notably, 'rent' is defined broadly to include not just money but also goods, services, deposits, and other benefits received by a landlord, while 'housing services' extends beyond the unit itself to cover amenities like parking, laundry, and common areas. The section also distinguishes between 'fully-exempt units,' which fall outside the Chapter entirely, and 'partially-covered units,' which are subject to most but not all of its protections.
Plain English — not legal advice.
Under § 13.76.040, the definition of 'landlord' is broad enough to encompass owners of record, lessors, sublessors, agents, and successors, meaning compliance obligations under Chapter 13.76 generally follow the role rather than the title. Compliant operators typically account for the full scope of 'rent' as defined here—including non-monetary consideration—and recognize that 'housing services' such as parking or laundry facilities connected to a unit's occupancy may factor into rent ceiling calculations. Determining whether a unit qualifies as fully-exempt or partially-covered under these definitions is a foundational step in understanding which sections of the Chapter apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
The definitions in § 13.76.040 shape the scope of protections available under Berkeley's Rent Stabilization Chapter, and 'tenant' is defined broadly to include subtenants, lessees, sublessees, and successors to a renter's interest. Because 'housing services' such as parking, storage, and laundry are included in what landlords may not reduce without justification, tenants may have grounds to raise a violation if such services are removed or diminished. Tenants who believe their rights under Chapter 13.76 have been affected can contact the Berkeley Rent Stabilization Board or a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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