Berkeley, CA Rental Property Rules: Repairs & Habitability (2026)

BMC § 19.40.050 requires that habitable spaces have heating facilities capable of maintaining a room temperature of 68°F measured three feet above the floor, installed and maintained safely, with unvented fuel-burning heaters banned outright; hot water delivered to plumbing fixtures must run at least 110°F. These mechanical standards feed directly into § 19.40.090's definition of a "substandard building": pursuant to Health and Safety Code § 17920.3, a dwelling is substandard if it has, among other listed conditions, lack of hot and cold running water, lack of adequate heating, dampness of habitable rooms, insect or rodent infestation, visible mold beyond incidental surface growth, general dilapidation, structural hazards such as deteriorated foundations or sagging roof members, faulty or hazardous wiring and plumbing, and inadequate exits or fire protection.

Enforcement runs through § 19.40.100. An inspector who finds a violation issues a written Notice of Violation giving the owner a specific remedy and re-inspection date, with at least 30 days to complete permitted work unless an immediate hazard exists; correcting it counts as voluntary compliance and is not itself penalized. If conditions are not corrected, or are severe enough to endanger occupants, the Building Official issues a Notice and Order that can require repair, vacation, or demolition, with repair or demolition permits due within 60 days and any required vacation of the building. A posted Notice to Vacate makes it a misdemeanor to occupy the building or to remove the posted notice, and Building Official decisions are appealable to the Commission under Chapter 19.44.