A handy reference to rent registries throughout the Bay Area for owners to stay in good graces with the city where their property is located.
Background
We have long spoken out against rent registries, whether because of the herculean administrative burden and costs, privacy concerns, enforcement issues, and the potential for reduced investment, among other concerns.
Despite the best efforts of some lawmakers in Sacramento to establish a statewide rent registry, repeated attempts have failed. We’ve learned that if the state legislature could not pass big, bold initiatives, the agenda of tenants’ advocates would be taken to the local level.
Whenever we welcome new clients, we glean much information, but a new question we must ask is whether the property owner is compliant with any applicable local rent registry requirements, as failure to do so will limit our ability to assist, and carries additional consequences. Our strong advice is to comply.
With that said, let's take a trip around the Bay Area.
San Francisco
Applies to: Most owners must report, even if the unit is owner-occupied without any tenants. In this case, the owner can easily confirm that the unit is owner-occupied. More information is required when someone other than the owner occupies the units. This may include tenants, lodgers, employees, family members, and guests. Owners of vacant units must also volunteer reams of information.
Deadline to register: March 1 of every year. However, if there is a change in the property owner’s business contact information, it should be updated within 30 days.
Consequence for non-compliance: Owners who refuse to get with the program and register will lose their “license” to impose annual allowable and banked rent increases.
Oakland
Applies to: All units subject to the Rent Adjustment Program (RAP) Fee.
Deadline to register: The 2024 deadline to register rent and tenancy information is July 1, 2024. Fast forward to 2025 and owners must confirm and/or update their units’ registered tenancy information annually by March 1st.
Consequences for non-compliance: Owners cannot file petitions for rent increases, but it gets worse. If a tenant files a petition against the landlord, the owner is muted; they are unable to respond. Moreover, the tenant or their counsel can use the failure to register the unit as an affirmative defense in most unlawful detainer actions.
Since its inception, Oakland’s rent registry has been plagued by technical difficulties that have led to delays in implementing it, and the dysfunction continues. We understand that the RAP program is $4 million in debt, with other public services funds being diverted to fund the program. Although the program may not be optimized, our strong advice is to comply.
Berkeley
Applies to: Units that are fully covered by Berkeley’s Rent Ordinance. These are units where rent control, registration, security deposit interest, and good cause for eviction requirements apply. This includes:
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Most units in multifamily properties built before 1980
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Single-family homes with current tenancies that began prior to 1996
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Single-family homes with five or more rooms rented out individually with separate leases (each room is considered a unit)
It is entirely possible that a previously exempt unit can have its status change to being covered by the Rent Ordinance. In that event, the owner subject to a new regulatory regime will have to register the unit within 60 days of the change and pay a prorated fee. Conversely, a covered unit that becomes exempt can also be reported through Berkeley’s online rent registry portal.
Deadline to register: Each new tenancy in a unit must be registered within 15 days of the tenancy start date.
Consequences for non-compliance: Owners who fail to register their units risk their ability to increase rent and/or evict tenants. Compliance includes filing all Rent Board forms, including Vacancy Registration forms for current tenancies. Tenants and their counsel can also use the failure to register as a defense to an eviction lawsuit.
City of Alameda
Applies to: Most multi-unit buildings.
Deadline to register: We’ll have to ascertain whether units are fully or partially regulated by the Rent Ordinance. For those landlords of fully regulated rental properties, an annual registration statement for each rental unit is required. Thereafter, registration must be updated within 30 days of the start date of any new tenancy and when there is a transfer of ownership.
Consequences for non-compliance: For fully-regulated properties, non-compliant landlords cannot lawfully raise rents or file a petition for a rent increase, including Capital Improvement Petitions. Being substantially out of compliance may result in:
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Mailing of non-compliance letters with a copy sent to affected tenants
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Late fees of 10% per unit per month for not paying annual program fees
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Additional penalties and Administrative Citations.
Richmond
Applies to: To be compliant, landlords must enroll all rental units with the Rent Board, except those fully exempted from the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.
Additionally, owners of any properties containing more than one dwelling unit on the parcel (2+ units) that were built before February 1, 1995, must complete a Tenancy Registration form for each rental unit on the property except units receiving a government subsidy. Single-family homes with one or more unpermitted residential dwellings are considered multi-unit properties and require the completion of Tenancy Registration forms.
Deadline to register: Landlords must submit a new Tenancy Registration form when there is a complete turnover of original occupants in a rental unit.
Consequences for non-compliance: Fines and penalties, ineligibility to increase rent, as well as ineligibility to evict tenants, even for reasons that would normally considered just cause under Richmond’s ordinance. Tenants may elect to withhold rent or seek damages for violation of the ordinance. The city is also prone to sue.
Hayword and other locales soon to follow. Be sure to subscribe to updates as they become available.