Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-3
DEFINITIONS
Operative Text
A. Unless otherwise expressly stated, the following terms, when used in this chapter, shall have the meanings ascribed to them in this subsection: AGENT: A person authorized to act for and under the direction of another person when dealing with third parties. CODE OFFICIAL: The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative. CRIME FREE HOUSING SEMINAR: A seminar sponsored by the Berkeley or other police departments or other private parties to provide information to landlords and their designated agents regarding the landlord-tenant relationship and requirements of village codes, including the crime free housing lease provision. MULTIPLE-UNIT BUILDING: Rental residential property with more than two (2) rental residential dwelling units, which are not single- unit dwellings, in a building with all units in that building owned by the same owner. OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the county or village as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court having jurisdiction. PROPERTY AGENT: A person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the code official to manage a rental residential property, including the authority to receive notices or citations. QUALIFYING OFFENSE: Any felony violation for the following: 1. Homicide. 2. Kidnapping. 3. Possession of explosives or incendiary devices. 4. Unlawful use of a weapon or firearm. 5. Mob action. 6. Child pornography. 7. Controlled substance violation. 8. Felony production, sale, distribution or possession of cannabis. 9. Gang activity violations as described in the streetgang terrorism omnibus prevention act. 10. Unlawful contact with a gang member. 11. Violation of the methamphetamine control and community protection act. 12. Assault. 13. Battery. 14. Prostitution. 15. Soliciting or patronizing a prostitute. 16. Keeping a house of prostitution. 17. Sexual assault or sexual abuse. 18. Arson. 19. Criminal damage to property. 20. Theft. 21. Interference with a public/peace officer. 22. Trespass. RENTAL RESIDENTIAL DWELLING UNIT: A residential dwelling unit let or intended to be let for rent or lease. The term does not include an owner occupied dwelling unit. RENTAL RESIDENTIAL PROPERTY: The lot and rental residential dwelling units on that lot. SINGLE-UNIT DWELLING: Rental residential property with only a single-family attached or detached rental residential dwelling unit as defined in the village zoning ordinance. TENANT: An occupant of a rental residential dwelling unit. B. Words or phrases used in this chapter and not herein defined shall be defined as provided by the property maintenance code and building code of the village, as adopted and amended in this title. (2016 Code; amd. Ord. 23-49, 10-3-2023)
Section 10-18-3 of Berkeley's Chapter 18 Rental Residential Housing Code establishes the foundational vocabulary used throughout the chapter. Key terms such as "Owner," "Tenant," "Code Official," "Qualifying Offense," and "Rental Residential Dwelling Unit" are given specific, bounded meanings that govern how the rest of the chapter is interpreted and applied. Any word or phrase not defined here defaults to the definitions found in the village's property maintenance code and building code. Understanding these definitions is essential for correctly reading any other provision in Chapter 18.
Plain English — not legal advice.
Property owners and managers operating under Berkeley Chapter 18 should familiarize themselves with the definitions in § 10-18-3, as terms like "Owner," "Property Agent," and "Multiple-Unit Building" carry precise legal meanings that determine which obligations apply to a given property. Designating a Property Agent in writing to the Code Official, as contemplated by this section, is a recognized step that compliant operators typically take to ensure notices and citations are properly received. The broad definition of "Owner" in § 10-18-3 means that legal or equitable interest holders—not just titleholders—may be subject to the chapter's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Berkeley rental properties should be aware that § 10-18-3 defines "Tenant" as any occupant of a rental residential dwelling unit, which establishes who is covered by the protections and obligations throughout Chapter 18. The definition of "Qualifying Offense" in this section is particularly relevant, as it lists the felony categories that may trigger other provisions in the chapter affecting tenancy. Tenants who have questions about how these definitions apply to their situation may find it helpful to consult a local tenant-rights organization or the Berkeley Rent Stabilization Board for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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