Berkeley Mun. Code Chapter 13.76 § 13.76.110
Annual general adjustment of rent ceilings (Berkeley Rent Stabilization and Eviction for Good Cause Ordinance)
Operative Text
A. Effective January 1 of each year, the rent ceiling for all rental units covered by this Chapter for which the landlord did not establish an initial rent during the prior calendar year shall be adjusted by 65% of the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve month period ending the previous June 30. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual adjustment be less than zero (0%) or greater than five percent (5%). The Board shall publish and publicize the annual general adjustment on or about October 31st of each year. B. An upward general adjustment in rent ceilings does not automatically provide for a rent increase. Allowable rent increases pursuant to a general upward adjustment shall become effective only after the landlord gives the tenant at least a 30 days written notice of such rent increase and the notice period expires. C. If the maximum allowable rent specified under this Chapter for a rental unit is greater than the rent specified for such unit in the rental agreement, the lower rent specified in the rental agreement shall be the maximum allowable rent until the rental agreement expires. If the maximum allowable rent specified under this Chapter for a rental unit is less than the rent specified for such unit in the rental agreement, the lower rent specified under this Chapter shall be the maximum allowable rent. D. No rent increase pursuant to an upward general adjustment of a rent ceiling shall be effective if the landlord: 1. Has continued to fail to comply, after order of the Board, with any provisions of this Chapter and/or orders or regulations issued thereunder; 2. Has failed to bring the rental unit into compliance with the implied warranty of habitability; 3. Has failed to make repairs as ordered by the housing inspection services of the; or 4. Has failed to completely register by July 1, except as provided in Subsection E below. E. The amount of an upward general adjustment for which a landlord shall be eligible shall decrease by ten percent (10%) per month for each month beyond October 1 for which the landlord fails to register. F. An owner who has previously been out of compliance with the ordinance, regulations, or applicable housing, health and safety codes, and has been denied Annual General Adjustments, may be granted them prospectively as set forth in Board regulations.
Under Berkeley Municipal Code § 13.76.110, rent ceilings for covered units are adjusted each January 1st based on 65% of the regional CPI-U increase for the prior year ending June 30, subject to a floor of 0% and a ceiling of 5%. The Board publishes the figure around October 31st each year, but an upward adjustment does not automatically raise any tenant's rent — a landlord must still provide at least 30 days' written notice before any increase takes effect. Landlords who have not fully registered, have unresolved habitability or repair orders, or remain out of compliance with Board orders are ineligible to implement the adjustment, and late registration erodes eligibility by 10% for each month past October 1st.
Plain English — not legal advice.
Under § 13.76.110, compliant operators generally ensure full unit registration by July 1st each year, resolve any outstanding habitability or repair orders before the adjustment period, and deliver written notice of any rent increase at least 30 days before it takes effect. Because eligibility for the annual general adjustment is contingent on ongoing compliance, property managers typically monitor Board communications around October 31st when the adjustment figure is published and confirm their compliance status before issuing any notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13.76.110 means that even when an upward general adjustment is announced, a landlord cannot lawfully raise your rent without first giving you at least 30 days' written notice, and the increase is void if the landlord is out of compliance with registration, habitability, or repair requirements. Tenants who believe an increase was improperly imposed can raise the landlord's noncompliance as a defense, file a complaint with the Berkeley Rent Stabilization Board, or consult a local tenant-rights organization for guidance on 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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