Berkeley rent increase calculator Berkeley Rent Stabilization Ordinance (BMC Ch. 13.76): 2026 AGA = 1.0% (65% × CPI) — the lowest cap in the catalogue.
Enter a Berkeley rental unit's current rent, building first-occupancy era, registration status, and the planned notice effective date. We'll pick the controlling calendar year (2025 = 1.6%, 2026 = 1.0%), do the Cal. Civ. Code §827(b) notice math (30 days for any increase under 10%, 90 days for 10%+), check the Costa-Hawkins exemption (single-family with post-1996 tenancy / condo / post-February-1-1995 multi-unit), check the four-condition AGA-denial gate (registration, board orders, habitability, deposit-interest), and flag tenancies established in 2025 that are not eligible to receive the 2026 AGA until January 1, 2027.
Scope: Berkeley multi-unit residential buildings whose first certificate of occupancy was issued on or before February 1, 1995 AND that are not owner-occupied 3-or-fewer-unit buildings. Single-family homes with tenancies starting on or after January 1, 1996, condominiums lawfully separable, and post-February-1-1995 multi-unit construction are Costa-Hawkins exempt from the Berkeley rent cap and instead fall under AB 1482 at the higher 8.8% (2026) statewide cap. Berkeley good-cause-eviction (§13.76.130) and tenant-harassment (§13.79) protections may still apply to Costa-Hawkins exempt units.
Statute summary
What BMC Chapter 13.76 actually says.
In plain English:
- Annual General Adjustment (AGA) = 65% × CPI-U San Francisco-Oakland-Hayward MSA (July-to-June). The formula lives in Rent Board Regulation 1271 and the AGA-publication mechanism in BMC §13.76.110(B). The Berkeley Rent Stabilization Board adopts the Order each year before June 30 (typically June or October Board meeting); it takes effect the following January 1 and applies for that calendar year.
- 2026 AGA = 1.0%. Adopted by RSB Order on October 16, 2025 (RSB Item 8E). Computed from approximately 1.5% Bay Area CPI growth July 2024 – June 2025: 65% × 1.5% ≈ 0.98%, rounded to 1.0%. The LOWEST cap in the catalogue.
- 2025 AGA = 1.6%. Adopted June 17, 2024. Computed from approximately 2.4% Bay Area CPI growth July 2023 – June 2024: 65% × 2.4% ≈ 1.56%, rounded to 1.6%.
- Calendar-year reset (January 1). The AGA is per calendar year of the effective date. A notice served in November 2025 with a March 2026 effective date uses the 2026 AGA, not the 2025 AGA.
- Eligibility cutoff under §13.76.110(B)(1): the 2026 AGA may NOT be applied to a tenancy where the initial rent for the current tenancy was first established between January 1, 2025 and December 31, 2025. Those tenancies become eligible only on January 1, 2027 — the AGA-eligibility clock is "12 months from the establishment of the tenancy's initial rent." This is distinct from SF's "12 months from prior increase" once-per-year rule.
- Costa-Hawkins exemption. Single-family homes (UNLESS the tenancy commenced before January 1, 1996, in which case the unit remains rent-controlled), condominium units lawfully separable, and multi-unit residential buildings whose first certificate of occupancy was issued AFTER February 1, 1995 are exempt from the Berkeley rent cap under Cal. Civ. Code §§ 1954.50–1954.535. Instead governed by AB 1482 at the higher 8.8% (2026) statewide cap.
- Banking = rent-ceiling accumulation, not stacking ceiling. Under BMC §13.76.110(B), the lawful rent ceiling automatically rises by the AGA each January 1 whether or not the landlord applies it. A landlord who skipped the 2024 AGA (5.0%) and the 2025 AGA (1.6%) has a rent ceiling approximately 6.7% above the 2024 baseline; with 2026's 1.0% added, the cumulative rise is approximately 7.7%. There is NO 7%-per-year or 10%-per-notice ceiling like SF's §4.12 — the math is whatever the rent-ceiling history says. The Rent Board's AGA Calculator (rentboard.berkeleyca.gov/aga-calculator) computes this.
- Once-per-12-months rule. Under §13.76.110(C), rent may be increased at most once per twelve-month period from the effective date of the most recent prior allowable annual increase. Catch-up to ceiling does NOT permit a second increase within twelve months.
- Four-condition AGA denial under §13.76.110(B)(2). The AGA may NOT be applied to a unit if any of the following is true: (a) the unit has not been REGISTERED with the Rent Board on a current basis, including filing of the annual rent-roll registration form; (b) the landlord has failed to comply with a Rent Board order; (c) the unit has substantiated HABITABILITY VIOLATIONS not cured by the AGA effective date; (d) the landlord has failed to pay required ANNUAL SECURITY-DEPOSIT INTEREST to the tenant under §13.76.070. Any one condition blocks the AGA for that calendar year. This is the most distinctive feature of the Berkeley regime and the most common source of wrongful-increase petitions.
- Notice = Cal. Civ. Code §827(b). The Berkeley Rent Stabilization Ordinance does not displace state notice rules. 30 calendar days for any increase under 10% (which the 1.0% AGA always is). 90 calendar days for any increase of 10% or more (only possible by combining multi-year ceiling catch-up). Service per Cal. Code Civ. Proc. §1013 (personal delivery, or post-and-mail with +5 days, or substituted service).
- Initial-tenancy registration under §13.76.080. A landlord MUST register every covered rental unit with the Rent Board within 15 days of any new tenancy, on a form prescribed by the Board, and provide the tenant a copy. Annual unit fee is approximately $280 (subject to Board adjustment). Failure to register triggers AGA denial.
- Vacancy under Costa-Hawkins. On a legal vacancy, the landlord may reset the unit's rent to market for the next tenancy. The 12-month clock and the AGA apply going forward starting from the new market rent — and the rent ceiling rebuilds from each subsequent annual AGA Order. Vacancies caused by unlawful eviction (§13.76.130 violations), tenant harassment (§13.79), or Ellis Act re-rental violations do NOT qualify for the Costa-Hawkins reset.
- Above-AGA mechanisms (petition-based, Rent Board approval required). Individual Rent Adjustment (IRA) petitions for capital improvements and operating-and-maintenance hardship under BMC §13.76.110(F) and Rent Board Regulations 1257–1273. Self-help passthroughs above the AGA without Rent Board approval are unlawful.
- Penalty for overshoot. Tenant petitions the Rent Board for a wrongful-increase determination under BMC §13.76.150. Rent rollback going forward, refund of the unlawfully-collected portion, ongoing overcharge findings that block future allowable increases until cured, per-unit civil penalties, TREBLE DAMAGES where the violation was willful or in bad faith (3x the unlawfully-collected portion), and ATTORNEY FEES to the tenant in willful violations. This treble-damages-plus-fee-shifting framework is more aggressive than SF's no-fee-shifting petition system.
- AB 1482 preemption. For covered Berkeley units, the lower Berkeley AGA controls under Cal. Civ. Code §1947.12(b)(1)(B) — AB 1482's stricter-local-rule clause means the 1.0% Berkeley figure governs, not the 8.8% AB 1482 figure. For Costa-Hawkins exempt units, AB 1482 governs (subject to its own carve-outs).
Full statute: Berkeley Rent Stabilization Board (rentboard.berkeleyca.gov) · BMC Chapter 13.76 · Costa-Hawkins (Cal. Civ. Code §§ 1954.50–535) · Cal. Civ. Code §827(b).
Draft your Berkeley Rent Stabilization worksheet — free.
The free preview gives you the cap-rate computation against the controlling AGA (1.0% for CY 2026 vs 1.6% for CY 2025), the Cal. Civ. Code §827(b) 30-day vs 90-day notice math, the Costa-Hawkins single-family/condo/post-Feb-1-1995 exemption check, the four-condition AGA-denial check (registration / board orders / habitability / deposit-interest), and the eligibility cutoff for tenancies established in 2025. The paid $9 flow archives the worksheet to your unit's compliance log keyed to your account, with the calendar-year AGA stamped so you can defend the computation if the tenant petitions the Rent Board for a wrongful-increase refund. Pro subscribers ($19/mo) get unlimited worksheets and a Pro stamped PDF.
Frequently asked
Berkeley Rent Stabilization Ordinance FAQ
What is the Berkeley Rent Stabilization Ordinance and who enforces it?
Berkeley's Rent Stabilization and Good Cause for Eviction Ordinance, codified at Berkeley Municipal Code (BMC) Chapter 13.76 and originally enacted by Berkeley voters as Measure D in June 1980. Two distinct protections: (1) a price-control regime — annual rent increases on covered units are capped at the Annual General Adjustment (AGA) percentage published each year by the Berkeley Rent Stabilization Board for the upcoming calendar year (1.0% for 2026); (2) a good-cause-eviction regime under BMC §13.76.130 — covered units may only be terminated for one of fifteen enumerated good causes (non-payment, breach of lease, nuisance, owner move-in, Ellis Act withdrawal, etc.). The Berkeley Rent Stabilization Board — an elected nine-member board — administers both regimes. It publishes the annual AGA, hears tenant petitions for wrongful-increase refunds, hears landlord petitions for capital-improvement passthroughs and Individual Rent Adjustments above the AGA, and investigates harassment complaints under §13.79. Penalties include rent rollback, refund orders, civil penalties up to three times the unlawfully-collected portion (treble damages), and attorney fees in tenant-prevailing actions.
What is the 2026 Berkeley rent cap?
The 2026 Annual General Adjustment (AGA) is 1.0%, adopted by the Berkeley Rent Stabilization Board on October 16, 2025 (RSB Item 8E) and effective January 1, 2026 – December 31, 2026. Computed as 65% of the percentage increase in the BLS CPI-U for the San Francisco-Oakland-Hayward MSA over the period July 2024 — June 2025 (approximately 1.5%): 65% × 1.5% ≈ 0.98%, rounded to 1.0%. The 2025 AGA was 1.6%. The 2026 figure is the LOWEST allowable rent-increase percentage in the RentCeiling catalogue — lower than SF (1.6% RY 2026-27, 1.4% RY 2025-26), substantially lower than AB 1482 (8.8% statewide, 2026), and lower than every other CA-overlay jurisdiction. The lower Berkeley AGA applies to covered units; Costa-Hawkins exempt units (single-family with post-1996 tenancy, condo, post-Feb-1-1995 construction) are governed by AB 1482 at 8.8% instead.
Is my Berkeley property covered by the Rent Stabilization Ordinance?
Probably YES if you own a multi-unit (two or more residential units) building in Berkeley AND the building's first certificate of occupancy was issued ON OR BEFORE February 1, 1995 AND the building is NOT owner-occupied with three or fewer total units. The cap-rate provisions apply to the building, with vacancy resetting the rent under Costa-Hawkins. You are likely COSTA-HAWKINS EXEMPT from the Berkeley rent cap (and instead governed by AB 1482 at the higher 8.8% 2026 cap) if: (a) your unit is a single-family home AND the current tenancy commenced on or after January 1, 1996, (b) your unit is a condominium that was lawfully separable when sold to a bona fide purchaser, OR (c) your building's first certificate of occupancy was issued AFTER February 1, 1995. Even if Costa-Hawkins exempt from the Berkeley cap, the BMC §13.76.130 good-cause-eviction protections and the BMC §13.79 anti-harassment rules may still apply. Owner-occupied 3-or-fewer-unit buildings, government-subsidized units (HUD Section 8, public housing, BMR-regulated), hospital/dormitory units, and transient lodging (less than 14 continuous days) are excluded entirely from the price-control regime.
What notice do I give the tenant?
California Civil Code §827(b) governs all residential rent-increase notices in California — the Berkeley Rent Stabilization Ordinance does not displace state notice rules. The notice must be IN WRITING and must state the amount of the new rent, the effective date, and the unit address. For increases of less than 10% — which the 1.0% (2026) Berkeley AGA always is, even when combined with catch-up rent-ceiling shortfalls under modest historical CPI conditions — the notice takes effect 30 calendar days after service. For increases of 10% or more (only possible by combining multi-year unused ceiling catch-up at the once-per-12-months rule under §13.76.110(C)), the notice requires 90 calendar days. Service must be per Cal. Code Civ. Proc. §1013 — personal delivery, or post-and-mail (add 5 days for mail), or substituted service. SEPARATE FROM the rent-increase notice, BMC §13.76.080 requires a landlord to register every covered rental unit with the Rent Board within 15 days of any new tenancy, on a form prescribed by the Board, and to provide the tenant a copy. UNREGISTERED units are NOT ELIGIBLE to receive an AGA increase under BMC §13.76.110(B)(2).
How does Berkeley's banking work compared to San Francisco?
Berkeley uses a RENT-CEILING-ACCUMULATION model — fundamentally different from SF's §4.12 banking with hard 7%/year and 10%/notice ceilings. Under BMC §13.76.110(B), the lawful rent ceiling for each covered unit AUTOMATICALLY rises by the AGA each January 1, regardless of whether the landlord applies the increase to the actual rent. If a landlord skipped the 2024 AGA (5.0%) and the 2025 AGA (1.6%), the rent ceiling has still risen by approximately 6.7% over those two years. With 2026's 1.0% added, the cumulative rent-ceiling rise from the 2024 baseline is approximately 7.7%. The landlord may raise the actual rent up to the current ceiling at any time, subject to: (a) the once-per-12-months rule under §13.76.110(C); (b) Cal. Civ. Code §827(b) notice (30 days for <10%, 90 days for ≥10%); (c) the unit being registered and current. There is NO stacking ceiling like SF's 7%/year and 10%/notice limits — the math is whatever the rent-ceiling history says. The Berkeley Rent Board's AGA Calculator at rentboard.berkeleyca.gov/aga-calculator computes this for any unit by Apparent Lawful Rent Ceiling on file.
How is the Berkeley AGA computed each year?
Under Rent Board Regulation 1271, the Berkeley Rent Stabilization Board takes the percentage change in the BLS CPI-U for the San Francisco-Oakland-Hayward, CA metropolitan statistical area, all items, not seasonally adjusted, measured from July of the prior year to June of the publication year. It multiplies that percentage by SIXTY-FIVE PERCENT (65%) and rounds to the nearest tenth of a percent. The result is the AGA for the upcoming calendar year. The Rent Board adopts the Order each year before June 30; it takes effect the following January 1 and applies for that calendar year. For 2026, the AGA is 1.0%, derived from approximately 1.5% Bay Area CPI growth July 2024 — June 2025: 65% × 1.5% ≈ 0.98%, rounded to 1.0%. The 65% multiplier is HIGHER than SF's 60%, but the SF formula uses March-to-March CPI (one quarter later than Berkeley's July-to-June anchor), which produced a higher CPI reading for 2026 — net result, SF's 2026-27 cap (1.6%) is HIGHER than Berkeley's 2026 (1.0%) despite the lower multiplier.
Can the AGA be denied to my unit?
Yes. BMC §13.76.110(B)(2) lists FOUR conditions under which a landlord may NOT impose the AGA, irrespective of whether the unit is otherwise covered: (a) the unit has not been REGISTERED with the Rent Board on a current basis, including filing of the annual rent-roll registration form; (b) the landlord has failed to comply with a Rent Board order (a final IRA decision, a wrongful-increase order, an arrears assessment); (c) the unit has substantiated HABITABILITY VIOLATIONS not cured by the AGA effective date — health, safety, or building-code violations affecting the unit; (d) the landlord has failed to pay required ANNUAL SECURITY-DEPOSIT INTEREST to the tenant under BMC §13.76.070. Any one of these conditions blocks the AGA increase for that calendar year on that unit. The Rent Board's Apparent Lawful Rent Ceiling Notice flags units it believes are in this status. Landlords cure by registering, paying the annual unit fee (~$280 per unit), curing habitability defects on file, and remitting back deposit interest. Tenants who receive an AGA notice on a unit they believe is non-compliant may petition the Rent Board for a wrongful-increase determination.
What happens on vacancy?
On a LEGAL vacancy (voluntary tenant move-out, lease expiration without renewal, or a good-cause eviction under BMC §13.76.130), the Costa-Hawkins Rental Housing Act (Cal. Civ. Code §§ 1954.50–1954.535) permits the landlord to reset the unit's rent to market for the next tenancy. The 12-month one-increase clock and the AGA then apply going forward to the new tenancy starting from the new market rent — and the rent ceiling rebuilds from each subsequent annual AGA Order. Vacancies caused by UNLAWFUL eviction (§13.76.130 violations), tenant harassment under §13.79, owner move-in evictions that fail their statutory requirements (e.g. owner doesn't actually move in within 3 months, or moves out within 36 months without a relative replacing), or violations of the Ellis Act re-rental restrictions do NOT qualify for the Costa-Hawkins vacancy-reset. The Rent Board can order rent rollbacks to the prior tenancy's lawful rent and impose civil penalties. Conservative practice on owner move-in or relative move-in evictions is to document occupancy with utility bills, voter registration, and property-tax homeowner-exemption filings.
What happens if I overshoot the cap?
A rent collected above the Berkeley lawful rent ceiling is unlawful. The tenant may file a Rent Board petition for a wrongful-increase determination under BMC §13.76.150. The Rent Board can order: (a) rent rollback to the lawful rent going forward; (b) refund of the unlawfully-collected portion (with interest in some cases); (c) ongoing-overcharge findings that block future allowable increases until cured; (d) per-unit civil penalties; (e) TREBLE DAMAGES where the violation was willful or in bad faith (3x the unlawfully-collected portion) plus attorney fees to the tenant. Tenants prevailing in actions under BMC §13.79 (anti-harassment) are entitled to attorney fees and statutory damages. Tenants may also raise the overcharge as a defense to an unlawful-detainer (eviction) action for non-payment. The Berkeley Rent Stabilization Ordinance has an attorney-fee-shifting provision in tenant petitions where the violation was willful — distinct from SF's no-fee-shifting petition framework. Repeated or pattern violations may be referred to the Berkeley City Attorney for civil enforcement.