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801--Findings

A. Berkeley has an aging rental housing stock where the majority of rental units are over 50 years old and, thus, are more likely to violate housing safety codes and endanger the health and safety of occupants and others. According to the 2020 census, 76% of all housing units, owner-occupied or rental units, are more than 50 years old.

B. There is a crisis in Berkeley’s rental housing market reflected in a reduced vacancy rate which increases the likelihood that tenants may not complain about unsafe conditions for fear of losing their homes.

C. Berkeley has a large number of tenants who are immigrants or who have special needs which makes it more difficult for them to be aware of and enforce their rights to safe accommodations.

D. There have been several tragic deaths that may have been avoided had there been a regular residential rental inspection program, an exterior elevated elements inspection program, and a safety education program.

E. An inspection made by a property owner in order to submit a certification pursuant to Subsection 803A is a necessary service pursuant to California Civil Code Section 1954(b) where the tenant/occupant has refused entry to a City inspector acting pursuant to this chapter.

802--Purpose

The purpose of the Rental Housing Safety Program (RHSP) is to increase the number of rental units in the City that meet housing safety standards established by the City in order to ensure the occupants’ health and safety.

803--Residential Rental Housing Safety Certification--City Inspection in lieu of Self-Certifications--Exemptions

A. All owners of residential real property containing rental units and not otherwise exempt pursuant to Subsection 803.C shall annually certify that their rental unit(s) meet housing safety standards established by the City or seek an inspection by the City pursuant to Subsection 803.B. Self-certification shall be made in the manner set forth below:

(1) Owners shall inspect each rental unit owned using the Rental Housing Safety Program Certification Checklist form required by the City.

(2) Owners shall provide a copy of the completed Rental Housing Safety Program Certification Checklist to each tenant whose rental unit has been inspected. If the owner is unable to certify compliance with all applicable provisions of the checklist, including by reason of refusal of entry by the tenant, in addition to providing the completed form to the tenant, the owner shall submit a copy of the completed checklist to the City by email, mail or personal delivery. Owners shall provide the copy of the checklist to the tenant and, if applicable, a copy to the City within five days of completing the inspection and no later than July 1st of each year beginning with July 1, 2004.

(3) Any tenant may request that the City verify the accuracy of the representations made by the owner in the checklist. Further, all checklists submitted to the City shall be considered public information.

B. An owner or tenant may request that their residential rental unit(s) be inspected by the City to ascertain compliance with the housing safety standards. If the City is unable to conduct such inspection, the owner is nonetheless required to complete a checklist pursuant to Subsection 803.A. Such inspection may also determine compliance with all other applicable requirements relating to building safety.

C. Newly constructed residential rental units shall be exempt from the requirements of Section 803 for a period of five years following issuance of the Certificate of Occupancy for such units.

D. For those units where the City has determined that the tenant has refused entry to the owner to conduct the inspection necessary for completing the checklist, the City may seek a warrant for entry pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52

804--Unlawful Alteration of Premises by Tenant/Occupant

It shall be a violation of this chapter for any tenant/occupant to modify, damage, destroy or otherwise alter their premises in a manner which renders the premises in a condition which the City has determined violates applicable laws enforced by the City to such an extent as to endanger the safety of the public or the occupants thereof and the tenant/occupant has failed to correct the violation after receiving written notice and being given a reasonable opportunity to do so.

805--Proactive Inspection of Rental Units

The City Manager or their designee may periodically inspect every residential rental unit in any real property in the City provided that no residential rental unit shall be subject to a Rental Housing Safety Program inspection on more than a triennial basis where such unit complies with the annual self-certification requirement, unless an inspection is required in response to a request for service or the City reasonably believes that the property may be in violation of applicable laws or ordinances. Nothing contained herein affects the ability of the Berkeley Fire Department to conduct annual inspections pursuant to Berkeley Municipal Code Chapter 19.48. Entry for inspection shall be as a result of either consent or execution of a warrant secured pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52.

806--Reactive / Complaint Inspections

The City Manager or their designee may inspect those portions of residential rental properties, buildings, units or structures in response to a complaint. Any residential rental unit shall be inspected for code violations whenever information from the following sources indicates that a pertinent code violation may exist therein:

A. Complaint from a tenant that a code violation may exist;

B. Direct referrals for inspection from other City officials with code enforcement responsibilities or from officials of a federal, state, or local agency, or from officials with a public or private utility; or

C. Reports that the exterior condition of a residential real property containing rental housing reflects the existence of code violations.

807--Certificate of Compliance Issued When

If, upon the proactive or reactive inspection by the City of a residential rental unit within any real property, no violations of applicable laws or ordinances are determined to exist, a Certificate of Compliance shall be issued. Said certificate shall be given to the owner, manager (if requested) and affected resident(s) and shall state that the determination may be subject to an informal review by the Building Official if any affected party seeks such review within ten (10) days of the date of issuance of the Certificate of Compliance.

808--Correction of Violations Required

A. Whenever any proactive or reactive inspection results in a determination that a rental unit is in violation of applicable laws or ordinances, the inspector shall promptly give the owner, manager (if any) and affected resident(s) written Notice of Violation as set forth on Section 1002 of this Code. Said notice shall specify a reasonable time to correct the violation, and shall state that the determination may be subject to an informal review by the Building Official if any affected party seeks such review within ten (10) days of the date of issuance of the Notice of Violation.

B. If the violation is corrected within the time specified, the owner, manager (if any) and resident(s) shall be so notified in writing, and a Certificate of Compliance shall be issued.

C. If the violations have not been corrected, enforcement, including reinspections, will continue until all violations are corrected.

809--Violations

Any person who fails to comply with any provisions of Section 19.40.080 after receiving written Notice of Violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of the Chapter and shall be subject to criminal sanctions and civil remedies pursuant to Subsection 810.

810--Penalties

A. Any person violating any provision or failing to comply with any of the requirements of Section 19.40.080 shall be deemed guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code.

B. The City Attorney may bring a civil action to seek redress for a violation(s) under Section 19.40.080 on behalf of the City. In any such action, the City shall recover civil penalties in an amount not to exceed $500 for each violation and any other relief the court deems proper.

In any civil action filed pursuant to this subsection where the violation of Section 19.40.080 is declared to be a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs; provided that, pursuant to Government Section 38773.5, attorneys’ fees shall only be available in an action or proceeding in which the City has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

C. Any tenant may bring a civil action to establish that the owner of the property from which the tenant rents a dwelling unit has failed to provide the tenant with a copy of the Rental Housing Safety Program Certification Checklist or submit a copy of the Checklist to the City pursuant to Subsection 803.A.2. Such action may not be maintained where the City Attorney has commenced or is prosecuting an action against such violation. In any such action, the tenant shall recover civil penalties in an amount not to exceed $500 for each violation.

In any action brought under this subsection, the court shall award reasonable attorneys’ fees to any prevailing plaintiff. Any aggrieved person who initiates a civil action under this subsection shall file a copy of his or her complaint against the property owner and a copy of the court’s decision with the City. (Ord. 7840-NS § 2, 2022)