Measure X

City of Berkeley Rent Ordinance Amendment Measure

Measure X would amend the Rent Stabilization and Eviction for Just Cause Ordinance by making most rent control and registration exemptions inapplicable to units that were not exempt when the current tenancy began. It will allow modifications or fee waivers for subsidized units owned or leased by nonprofits, will change the annual registration deadline, limit annual rent increases to ten percent, and allow tenant associations in smaller properties.

This measure requires approval by a majority of voters voting on the measure to pass.

Fiscal Impact: Measure X is not expected to have a fiscal impact.

Next Alameda County Measure: Measure Y

See Endorsements for Measure X

Pro:

Supporters say Measure X was crafted through a collaborative process between the Rent Board, the City Council, tenant advocates, non-profit affordable housing providers, and small landlords to ensure a final product that was acceptable to all parties. They say passing Measure X will reduce financial burdens on non-profit affordable housing organizations who provide key services to low income and elderly Berkeley residents, all while maintaining existing legal protections for vulnerable residents. It will also enable the Rent Board to provide more efficient and effective services to landlords and tenants alike by modernizing and streamlining administrative processes.

A YES vote on this measure means: you support making the proposed changes to the Rent Stabilization and Eviction for Just Cause Ordinance.

Con:

Opponents say Measure X adds costs, complexity and legal risk-but does little to help tenants who are struggling to pay the rent. They say Measure X creates more paperwork, penalties and lawsuits, costing taxpayers and citizens more money. Increased risk and liability translate to higher starting rents, deferred building improvements, and fewer people willing to provide rental housing.

A NO vote on this measure means: you are against making the proposed changes to the Rent Stabilization and Eviction for Just Cause Ordinance.

Background

In 1980, the People of Berkeley passed the Rent Stabilization and Eviction for Good Cause Ordinance, establishing the registration of rental units, the regulation of rental increase amounts, and the requirement for a landlord to provide good cause prior to terminating a tenancy. In 1995, the California Legislature enacted the Costa-Hawkins Rental Housing Act, which prohibited the ability of local governments to control the rental amount on a rental unit. As a result, many rental units became unaffordable to Berkeley residents. The City continues to experience a severe housing shortage and an unprecedented increase in the number of residents experiencing housing hardships.

According to data from the United States Census Bureau, in 2019, 53% of Berkeley renter households were "rent burdened," paying more than 30% of their household income towards rent. Due to the continuance of the housing emergency which existed when the voters of Berkeley first enacted this Chapter, the Berkeley Rent Stabilization Board (hereinafter, "Board") finds that reasonable regulation of aspects of the landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of a variety of rental housing options, and protect the health, safety, and general welfare of the public.

Proposal

If approved, Measure X would amend the Rent Stabilization and Eviction for Just Cause Ordinance (the “Ordinance”) by making the following changes:

Providing that certain exemptions from rent control and just-cause eviction, including the exemptions for certain Accessory Dwelling Units and certain owner-occupied duplexes, would apply only if the unit was exempt when the current tenancy began. If the measure is approved, a tenant who first moved into a unit that was not exempt would be covered under the Ordinance even if the unit would otherwise qualify for an exemption at a later date during the tenancy.
Prohibiting property owners from raising the lawful periodic rent by more than 10% in a one-year period.
Allowing the Rent Stabilization Board (the “Board”) to adopt regulations to waive or reduce fees for government-subsidized rental units owned, leased or controlled by nonprofit organizations.
Allowing, to the extent permitted by state and local law, owners of single-family homes or new construction buildings to voluntarily agree to have their properties subject to the Ordinance in exchange for financial assistance.
Lowering the number of rental units on a property for the tenants who live at that property to be eligible to form a tenant association from ten to five.

Source: Measure X Impartial Analysis

Alameda County Election Resources

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Con:

Background

Proposal

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