Berkeley City Council revisits in-law units, golden duplexes, considers subjecting them to rent control

Voters overwhelmingly passed Measure Q in 2018, a law that exempted Accessory Dwelling Units from rent control. Tenants’ advocates are now asking voters to have a change of heart by attempting to advance another ballot measure for this November to repeal the exemption.

Also on the chopping block is “golden duplexes,” two-unit properties where the owner lives in one unit. To qualify as a golden duplex and escape rent and eviction controls, the property had to be owner-occupied on December 31, 1979 and the current owner of record with at least a 50% ownership stake maintains the unit as his or her principal residence.

If there is any doubt as to whether the property falls into this category, the Berkeley Property Owners Association asks owners to contact them. They state that if the property address notes in 1979 that the owner of record took a homeowner's exemption on their taxes, the property could very well be considered a golden duplex.

Far from greed-fueled landlords

The owners of golden duplexes have a close-knit relationship with their tenants living in close quarters, and there is not much profiteering amongst this group. These units have enjoyed exemptions from rent stabilization and good cause for eviction requirements for decades and need not be registered with the rent board. 

Nonetheless, tenants’ advocates make the argument that every renter in Berkeley deserves protections and says it is unfair to make people living in golden duplexes vulnerable to the whims of their neighboring landlords. 

Where the measure goes from here

After sailing through a committee, the full Berkeley City Council will decide if voters should decide on placing ADUs and golden duplexes under rent and eviction controls. If the answer is in the affirmative, the proposed exemptions would head to the ballot box in November. 

Rental property owners and operators are urged to attend the City Council’s virtual meeting on Monday, July 28 at 6:00 PM  to voice their concerns.The capability to log in to the Zoom meeting will be published here.