According to Major Jesse Arreguin in a March 14, 2017 recommendation to the City Council, city leaders had been considering a tenant protection ordinance in Berkeley since 2016 in response to tenants rights advocates and significant changes in the rental market. Quoting from the Mayor's memorandum,
"In this housing market, where rents are increasing dramatically, there is a huge incentive for owners to force out long-term tenants in order to receive a higher market rent. There have been an increasing number of cases of tenant harassment in recent years in Berkeley, Some renters do not raise habitability issues with their owners or with city inspectors for fear of retaliation. Some renters have also been subject to constant disruptive behavior as a means to constructively evict. Some have also received verbal or written threats of eviction, with no legal basis."
San Francisco adopted a Tenant Harassment policy in 2008. Oakland also adopted a Tenant Protection Ordinance in 2014 which provides the tenant a private right to sue based on the TPO or a legal action can be initiated by the City Attorney.
The Tenant Protection amendment in Berkeley can be found here under B.M.C. chapter 13.79.060.
Interestingly, landlords are now required to provide a notice regarding the provisions of Section 13.79.060 to all Tenants using the required form prescribed by the City staff, at the beginning of a tenancy and with any notice of termination of tenancy. Failure to provide said notice shall be a defense in any unlawful detainer action.
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