Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-4

A. License Required:


1. It is unlawful for any owner, person, firm, partnership, corporation, or other legal entity to operate, maintain, or offer to rent within the village a rental residential dwelling unit, whether vacant or not, without first obtaining a rental residential license for each multiple-unit building or single- unit dwelling as provided in this chapter.


2. It is unlawful for a person to occupy a rental residential dwelling unit, or for any owner or property agent to allow anyone to occupy a rental residential dwelling unit, which is not within a licensed rental residential building.


3. It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or any dwelling unit that becomes vacant in a rental residential building for which a license is under suspension.


B. Application For License:


1. No license shall be issued except upon written application filed with the village. A complete application for a license shall be filed not less than thirty (30) days prior to the issuance thereof. Said application shall be signed by the legal titleholder of the rental residential property. Any person seeking to renew a license issued pursuant to this chapter shall file a completed application not less than thirty (30) days prior to the expiration of the currently valid license. Application forms may be obtained from the village and shall contain such information as the code official may require including, but not limited to:


a. The address of the rental residential property.


b. The number of dwelling units within the rental property.


c. Name, address and work and home telephone numbers of each owner. When the owner is a land trust, the application shall include the name and address of each person holding a beneficial interest and/or power of direction therein.


d. If the owner is not a resident of the village, then either:


(1) Name, address, and work and home telephone numbers of any person appointed as managing agent with authority to accept service or notice of a violation. If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing agent specifically assigned to the rental residential property; or


(2) A statement by the owner that service by regular mail upon the owner at the address stated in the application will be considered sufficient service for all purposes.


e. Name, address and work and home telephone numbers of the janitor(s) or engineer(s) in charge of the maintenance of the rental residential property and its systems, including emergency repairs.


f. Name, address and work and home telephone numbers of any person(s) (other than those listed pursuant to subsections B1c, B1d and B1e of this section), if any, having authority to make any decision with respect to the management and/or maintenance of the rental residential property. Attached to the application shall be a statement of such person's authority to manage, lease, and/or maintain the rental residential property.


g. The name, address, and telephone number of each company that services any alarm systems in the rental residential building.


h. A copy of a plan evidencing what improvements, renovation(s), and/or replacements are budgeted for the license year for a multiple-unit building.


2. Every owner shall notify the code official of any change in the above information within seven (7) days of any change.


C. Issuance Of License; Inspection:


1. Upon receipt of a completed application for a license for a rental residential property, including the payment of all required fees, the code official shall schedule an inspection. Pending the inspection and issuance or denial of the license, the code official shall allow the continued occupancy of a rental residential dwelling unit that was previously licensed.


2. Licensing inspections shall include the building exterior, common areas, basement, and all rental residential dwelling units except as hereafter required. The code official shall determine the order and inspection process. The code official shall, prior to entering an occupied dwelling unit, require the resident manager or owner to be present during the inspection. Unless otherwise specified in a court order or warrant, the code official will not inspect or search personal property of the tenant. The code official, while performing the duties of office, will otherwise fully consider the privacy and dignity of the tenant and will not enter or open closets, medicine cabinets, or the other closed cabinets or lockers unless the code official has reasonable grounds to believe that to do so would establish evidence of code violations.


3. When a licensing inspection of a rental residential property reveals any violation of applicable codes, the code official shall give notice of the compliance time frame as provided in section 10-18-10 of this chapter.


4. A licensing reinspection will be conducted at the end of the compliance time frame. Upon completion of the licensing reinspection of the rental residential property, a license shall be issued if the multiple-unit building or single-unit dwelling meets the requirements of this code. If the code official finds the requirements of applicable village codes have not been met, a written notice of violation stating the defects shall be issued as provided in section 10-18-10 of this chapter.


5. Subsequent inspections of a multiple-unit building or single-unit dwelling required because of cited violations not being corrected at the time of that inspection shall be subject to the reinspection fees set forth in the annual fee schedule.


D. Terms Of Licenses:


1. The license for multiple-unit buildings shall be for a twelve (12) month period.


2. The license for a single-unit dwelling shall be for a twenty four (24) month period beginning from the first day of the month after the license application is received.


E. Posting License: Rental residential buildings having more than two (2) dwelling units shall post the license in the common area or on site office, which shall have included the permitted occupancy limits for those units.


F. Nontransferability Of License; Purchase Of Existing Property: A license for a rental residential property cannot be transferred to another rental residential property or a succeeding owner. A purchaser of an existing licensed rental residential building shall make application and obtain a new license in compliance with this chapter prior to the issuance of the real estate transfer tax stamp, except no additional license fee shall be assessed nor inspection required until the renewal application at the beginning of the next license year. (2016 Code)