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Berkeley, CA Rental Property Rules: Tenant Anti-Harassment (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code
BMC 13.79
Treble damages
Yes
Daily fine
Up to 1,000 dollars
Adopted
2014, amended 2020

Summary

Berkeley's Tenant Protection Ordinance prohibits sixteen categories of landlord harassment, providing tenants with private right of action, treble damages, and Rent Board enforcement against displacement pressure.

1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. (5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant. (b) A tenant who prevails is entitled to a civil penalty up to $2,000 for each violation.

Source: Berkeley Rent Stabilization BoardView official code

Full Breakdown

BMC Chapter 13.79, adopted in 2014 and strengthened in 2020, defines harassment to include service interruptions, repeated buyout solicitations, threats based on immigration status, refusal to accept rent, and abuse of access rights. Tenants may sue in civil court for actual damages plus treble damages, attorney fees, and injunctive relief. The Rent Stabilization Board investigates complaints and issues administrative fines up to 1,000 dollars per violation per day. The ordinance reinforces Berkeley's 1971 sanctuary status by treating immigration-based threats as per se harassment.

Violations & Fines

Each harassment act exposes landlords to actual damages trebled, statutory penalties, attorney fees, and administrative fines, with civil remedies stacking atop Rent Board enforcement.

Frequently Asked Questions

Are buyout offers harassment?
Repeated unsolicited buyout offers after written refusal qualify as harassment, as do offers conditioned on immigration status or sourced from threats.
Can I sue without going to the Rent Board first?
Yes. Tenants may file directly in superior court, and many pursue both Rent Board complaints and civil suits simultaneously for full relief.

Sources & Official References

Other rules in Berkeley

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All Berkeley rules

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Tenant Anti-Harassment in Nearby Cities

How other cities in Alameda County handle tenant anti-harassment.

Oakland, CA
Significant Restrictions