Before this Chapter was amended in the November 2024 General Election, rental
units under the Section 8 Voucher Program and the Shelter Plus Care Program were
exempt from the Registration, Rent Ceiling, and Rent Adjustment sections of this
Chapter. This exemption applied if the rent demanded did not exceed the authorized
Payment Standard, which, for purposes of the prior exemption, was the maximum
monthly rental assistance potentially available to an assisted household before
deducting the household share of income paid for rent and utilities as established by
the Berkeley Housing Authority.
Following the November 2024 amendment to this Chapter, rental units under the
Section 8 Voucher Program and the Shelter Plus Care Program are now subject to
Sections 10, 11, and 12 of the Ordinance, unless they qualify as Partially covered as set
forth in Berkeley Municipal Code section 13.76.050.B. or Fully exempt units as set forth
in Berkeley Municipal Code section 13.76.050.C. As a result, landlords of these rental
units may only increase the contract rent to the rent ceiling, which increases as set by
the annual general adjustment. The rent ceiling for a rental unit participating in these
programs may be lower than the local payment standard or HUD Fair Market rent, if
these two measures increase at a greater rate than the annual general adjustment.
However, if the contract rent remains at or below the payment standard or HUD Fair
Market rent, the tenant’s portion of rent would be no different than if the contract rent
were set at the rent ceiling.