Berkeley Municipal Code Ch. 19.60 Rental Units--Notice Required for Occupancy by Owner

The Berkeley City Council finds and determines that:

A. There is a shortage of decent, safe and sanitary housing in the City of Berkeley resulting in a critically low vacancy factor.

B. The low vacancy rate in Berkeley works a particular hardship on families with minor children, on persons over sixty years of age, or persons who are disabled, who are required to vacate their rental units to permit occupancy by an owner or by members of the owner’s family.

C. The problem identified above is of an emergency nature requiring urgency action to protect the health, safety and well-being of the affected tenants. (Ord. 5627-NS § 1, 1984)

In accordance with the findings set forth in Section 19.60.010 above, it is hereby required that where a parcel of real property containing rented dwelling units is divided into separate parcels whether by a lot split, a subdivision, or a condominium subdivision, and where, within six months of the effective date of the completion of such division, the owner of a rented unit located on any of the parcels resulting from division of the larger parcel seeks occupancy either for personal use or for the use by a relative, such owner must cause to be personally served on the tenant a one-year’s notice of such intention if the said unit is occupied by a family with minor children, one or more persons who are over sixty years of age, or who are disabled. (Ord. 5627-NS § 2, 1984)