Berkeley

Rent Stabilization and Tenant Protection

Continue to enforce the Rent Stabilization Ordinance. Maintain rent stabilization on approximately 21,000 units and monitoring the effect of the Ellis Act. Pursue new affordable housing to replenish units removed due to Ellis.

Throughout 2023, the Berkeley Rent Board continued its ongoing work to enforce the Rent Stabilization Ordinance. This included registering 19,793 rent-controlled units and over 5,000 additional tenant-occupied residential units with eviction protections. The Rent Board also provided citywide outreach to ensure that tenants were aware of their rights and the expiration of COVID-19-related state and county eviction protections and Berkeley's local eviction moratorium. The Rent Board also kept a close eye on all eviction notices, including those for the Ellis Act. In 2023, Rent Board staff reviewed 469 eviction notices submitted, one of which was an Ellis Act Eviction. By doing so, the Rent Board ensured that tenants were not unlawfully evicted from their homes. To further assist tenants, property owners, and other rental property stakeholders, the Rent Board housing counselors provided information on the Rent Stabilization Ordinance and related housing laws. In 2023, housing counselors logged 2,021 client cases and responded to 3,043 phone calls. They also responded to approximately 500 client emails per month, providing valuable insight and assistance to anyone who reached out. In addition to its ongoing work to enforce the Rent Stabilization Ordinance, the Rent Board also reviewed and provided input on proposed revisions to Berkeley’s Demolition Ordinance. The board recommended that Berkeley require one-for-one replacement of demolished residential units with replacement affordable housing units, ensuring that the city's housing supply remained stable and accessible to all.

Rental Housing Safety

The City is currently working on expanding the proactive inspections program, with the goal of inspecting every building during a 5-year cycle as part of the Rental Housing Safety Program.

This work is ongoing.

Seismic Safety and Preparedness Programs

Seismic Retrofit Transfer Tax Rebate Program: Continue to issue building permit seismic upgrades and facilitate transfer tax rebates for qualifying properties.

During 2023, 148 transfer tax rebates were disbursed, totaling more than $1.2M

Housing Preference Policies

The City will adopt a housing preference policy. The City plans to conduct outreach on an ongoing basis, coordinate preferences with the Alameda County Housing Portal for applications, and collect data and monitor annually to asses impact.

The City will adopt a housing preference policy. The City plans to conduct outreach on an ongoing basis, coordinate preferences with the Alameda County Housing Portal for applications, and collect data and monitor annually to asses impact.

Accessible Housing

Develop and amend the Zoning Ordinance to adopt Objective Design Standards for residential and mixed-use developments to facilitate first floor residential and live/work uses that encourages accessible design in higher density districts (e.g. R3, R-4, and commercial districts).

In February 2023, the City issued a Request for Proposals for consultant to develop and prepare zoning amendments focused on the City's high-density, mixed-used corridors. This work is anticipated to be completed in December 2026.

Housing Condition Standards

Adopt and commence implementation of a Building and Safety Amnesty Program for Unpermitted Dwelling Units. Under BHA’s Housing Quality Standards Program: • Conduct an Annual Inspection approximately 9 months after the initial inspection, and every 9-10 months thereafter. • Written notice of the inspection is mailed to the tenant and landlord approximately 2 weeks prior to the scheduled inspection. A person 18 or older must be present to grant the inspector permission to enter the unit. • Minor repairs to be conducted on the spot if a maintenance person is available in order to avoid the need for a reinspection. • If all deficiencies noted at the inspection are not repaired and confirmed by the scheduled reinspection date, rental subsidies will be withheld effective the first day of the month following the failed inspection. Payments will resume effective upon confirmation of all required repairs.

The MTW Supplemental plans also include: • Pre-inspection within 90 days of a participant occupying the unit. HQS inspection standards will not be altered and participants will be able to request an interim inspection. • Biennial inspections. This means annual inspections that pass on their first attempt will skip a year before the next annual HQS inspection, and annual inspections that fail on their first attempt will have an annual HQS the following year. Landlords and program participants continue to be able to request a Special Inspection at any time, whether the unit passes or fails the first attempt of the most recent HQS inspection. BHA reserves the right to accept inspections performed by another entity (city, housing developers in conformity with HOME or LIHTC rules) in lieu of conducting an annual inspection, but at this time will continue to schedule annual inspections to be conducted by BHA’s contract inspector. • • Written notice of the inspection is mailed to the tenant and landlord approximately 2 weeks prior to the scheduled inspection. A person 18 or older must be present to grant the inspector permission to enter the unit. • Minor repairs to be conducted on the spot if a maintenance person is available in order to avoid the need for a reinspection. • If all deficiencies noted at the inspection are not repaired and confirmed by the scheduled reinspection date, rental subsidies will be withheld effective the first day of the month following the failed inspection. Payments will resume effective upon confirmation of all required repairs.

Livable Neighborhoods

Fund and complete Quick Build pedestrian improvements on Martin Luther King Jr Way (South) Dwight to Adeline and Sacramento Street from Dwight to Southern City Limits. (Pedestrian Plan and Vision Zero)

Quick Build pedestrian improvements on Martin Luther King Jr Way (South) Dwight to Adeline and Sacramento Street from Dwight to Southern City Limits are funded and will be completed in 2024/2025.

Livable Neighborhoods

Return to Council for review and adoption of the 5-Year Street Maintenance and Rehabilitation Plan.

Latest 5-year repaving plan was adopted by the Berkeley City Council in November 2023.

Seismic Safety and Preparedness Programs

Provide Retrofit Grants to 50-60 property owners.

As of February 21, 2024, over $3M of grant funding has been disbursed to Berkeley property owners and 95 buildings have been strengthened under the Retrofit Grants Program .

BART Station Area Planning

June 2022, the City adopted zoning and associated General Plan amendments consistent with AB 2923; adopted City – BART Joint Vision and Priorities for TransitOriented Development at the Ashby and North Berkeley BART Station Areas and certified EIR on these documents.The goal for development for both stations is by 2031. As stipulated in the June 2022 City and BART MOA, the next milestones include: • July 2022 – Complete. Developer Request for Qualification (RFQ) and City of Berkeley Notice of Affordable Housing Funding (NOFA) • November 2022. Right-Of-Way Redesign Options for Adeline Street at Ashby BART Station to City Council • December 2022. Developer selection for the North Berkeley BART station area. • February 2023. City Affordable Housing Funding (Predevelopment Funding Award) • April 2023. Exclusive Negotiating Agreement (ENA) execution with North Berkeley BART selected developer team. • June 2023. An amended Memorandum of Agreement (MOA) for the Ashby BART Station. The amended MOA will include a refined timeline for the developer solicitation process. Structure of the developer solicitation process and project requirements and community benefits are currently in process of being negotiated between the City and BART. • August 2023. City and BART issue a solicitation for developer selection for Ashby BART. • December 2023. Development and adoption of Objective Design Standards for North Berkeley BART. • December 2027. Entitlement for development project(s) at North Berkeley BART.

• Right-Of-Way Redesign Options for Adeline Street at Ashby BART Station to City Council • Complete - December 1, 2022. Developer selection for the North Berkeley BART station area. • Complete - July 25, 2023. City Affordable Housing Funding (Predevelopment Funding Award) • Complete. Exclusive Negotiating Agreement (ENA) execution with North Berkeley BART selected developer team. • Complete - June 30, 2022. An amended Memorandum of Agreement (MOA) for the Ashby BART Station. The amended MOA will include a refined timeline for the developer solicitation process. Structure of the developer solicitation process and project requirements and community benefits are currently in process of being negotiated between the City and BART. • Complete - December 12, 2023. Development and adoption of Objective Design Standards for North Berkeley BART. • In Progress. Entitlement for development project(s) at North Berkeley BART. City staff anticipate the project application will be submitted by the end of January 2024, with the goal of the project being entitled by the end of June 2024. • Anticipated by Fall of 2024. City and BART issue a solicitation for developer selection for Ashby BART.

Adequate Sites for RHNA and Monitoring

Within 3 months of a certified Housing Element, the City will publish an inventory of the available sites for residential development and provide it to prospective residential developers.

The City published an inventory of the available sites for residential development on the Community GIS Portal: https://berkeley.maps.arcgis.com/apps/webappviewer/index.html?id=2c7dfafbb1f64e159f4fdf28a52f51c6&showLayers=Berkeley%20Parcels;Base%20Data;Planning%20and%20Building The City also published an accompanying Sites Inventory guide on their Housing Element webpage: https://berkeleyca.gov/sites/default/files/documents/HEU_Sites%20Inventory_Tables-webpage.pdf

Homeless Services

Establish programs and services with the goal of assisting: • Increase capacity for housing the homeless by 43 beds/persons at Golden Bear Inn • Increase capacity for housing the homeless by 43 beds/persons at the Rodeway • Serve an average of 15-25 unhoused persons the drop-in center daily • Maintain transitional housing for 12 transition aged youth at 3404 King Street • Maintain capacity for housing persons experiencing homelessness by 27 beds/households at the Berkeley Inn

68 Households were served at Rodeway Inn. 51 Households were served at Berkeley Inn 43 Households were served at Golden Bear Inn. The transitional housing program at 3404 King Street was under construction for most of 2023. During this time period, one household was served. Drop-in Centers in Berkeley serve more than 25 unhoused persons daily.

Zoning Code Amendment: Special Needs Housing

Review and adopt new zoning provisions and definitions to align land use standards with State law requirements for special needs housing.

On July 11, 2023 City Council adopted Zoning Ordinance Amendments to Title 23 to align land use standards with state law requirements for special needs housing. The Zoning Ordinance amendments reflect requirements related to; Emergency Shelters (AB 139 & AB 2339), Low Barrier Navigation Center (AB101), Supportive Housing (AB 2162), Employee Housing Act, Landterman Developmental Disabilities Service Act, Suppertive Child Care Family Home Expansion (SB 234), Minimum Parking Requirements (AB 2097) and conformed City's definition of "household" to align with state law.

Zoning Code Amendment: Residential

Develop and amend the Zoning Ordinance to adopt Objective Design Standards for residential and mixed use developmentsin order to reduce reliance on the use permit process and non-detriment findingsfor larger (e.g. 10+ units) housing projectsin higher density districts(e.g. R-3, R-4, and commercial districts), and commercial living situations, such as live/work units.

In February 2023, the City issued a Request for Proposals for consultant to develop and prepare zoning amendments focused on the City's high-density, mixed-used corridors. This work is anticipated to be completed in December 2026.

Affordable Housing Berkeley

Complete Strategic Plan for Affordable Housing Berkeley Inc.

ABH has developed its strategic plan which the Board Members approved in October 2023. The focus is geared towards small housing purchase of up to seven building units. ABH anticipates the searching for potential properties in 2024.

Citywide Affordable Housing Requirements

Amend Berkeley Municipal Code (BMC) Chapter 23.38, updating the Citywide Affordable Housing Requirements (AHR) in the Zoning Ordinance. Adopt a Resolution addressing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2).

City Council adopted Ordinance 7,853-N.S. (2/28/22) and Resolution No. 70,698-N.S. (2/14/22)

Housing Trust Fund

Issue Housing Trust Fund RFP BART - See also Program 28 - BART Station Area Planning: Initial development funding award

HCS staff anticipate issuing a Housing Trust Fund RFP in 2024 or 2025.

Tenant Survey

Conduct Tenant Survey Provide summary of data to the Rent Stabilization Board

Survey Completed in 2023 and Final results presented to Rent Board on 9-21-2023

Seismic Safety and Preparedness Programs

Soft Story Program: Facilitate the compliance of the remaining soft story buildings, including newly added properties since 2018. Newly added buildings may be subject to extended deadlines and additional buildings may be added to the inventory as needed. Unreinforced Masonry Ordinance: By December 2025, facilitate the retrofitting of the remaining four unreinforced masonry (URM) building. Of the approximately 600 buildings originally included in the City’s URM inventory, roughly 99 percent have been seismically retrofitted, demolished or demonstrated to have adequate reinforcement.

As of February 1, 2024, out of 369 soft-story buildings, 282 buildings (containing approximately 3,150 units) have complied with the soft story program requirements, and 25 soft story buildings (containing ~208 dwelling units) must still come into compliance with mandatory retrofit requirements. Of the remaining 25 buildings, four owners have obtained building permits, 12 have applied for permits and 9 have yet to apply. Unreinforced Masonry Ordinance: By December 2025, facilitate the retrofitting of the remaining four unreinforced masonry (URM) building. Of the approximately 600 buildings originally included in the City’s URM inventory, roughly 99 percent have been seismically retrofitted, demolished or demonstrated to have adequate reinforcement. As of February 1, 2024, four buildings remain on the city’s URM list and are required to retrofit in order to avoid further penalties. Two of the four building owners have retrofit permits issued or ready to issue, and two have expired permit applications.

Berkeley Existing Buildings Electrification (BEBE) Strategy

Explore funding opportunities for equity programs, including integration of electrification measures into housing protection and preservation programs, such as the City’s Senior and Disabled Home Loan Program or Section 8 housing voucher program.

The City continues to look for funding opportunities for equity programs. In 2023 a grant of $53,000 was successfully awarded towards one of the Climate Equity Fund Resilient Retrofit Home projects.