Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-2
PURPOSE AND SCOPE
Operative Text
A. Purpose: The purpose of this chapter, through its property maintenance standards, inspections and licensing, is to correct and prevent violations in rental residential dwellings and protect and promote the public health, safety and welfare of the residents and guests of rental residential dwelling units including: 1. Protecting the public health and safety by obtaining compliance with the property maintenance standards of the village. 2. Protecting the character and stability of residential areas. 3. Correcting and preventing housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well being, of persons occupying rental residential dwelling units. 4. Preventing the overcrowding of dwellings by requiring compliance with minimum space standards per occupant for each dwelling unit. 5. Facilitating the enforcement of property maintenance for the maintenance of existing residential buildings and thus preventing slums and blight. B. Scope: 1. The provisions of this chapter shall apply uniformly to the construction, maintenance, use, and occupancy of all rental residential property, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy, and maintenance of all existing rental residential dwelling units irrespective of when or under what code or codes such dwelling units were originally constructed or rehabilitated. It shall be the duty of the village to enforce the provisions of this chapter as authorized by this code and the property maintenance code of the village as adopted and amended by the village. 2. a. This chapter shall not apply to the following structures: (1) Hotels, motels, and other structures which rent rooms to occupants which are primarily transient in nature. (2) Dwellings, buildings, structures and uses licensed and inspected by the village, state or federal government including, but not limited to, nursing homes, retirement centers, rest homes, etc. (3) Dwellings, buildings, structures and uses owned by governmental agencies and public housing authorities. b. Except as provided in section 10-18-11 of this chapter, this chapter is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, of a rental residential property. (2016 Code)
Berkeley Chapter 18 Rental Residential Housing Code § 10-18-2 establishes the purpose and reach of the city's rental housing maintenance and inspection program. The chapter is designed to protect the health, safety, and welfare of people living in rental dwellings by setting property maintenance standards, requiring licensing, and enabling inspections. Its requirements apply broadly to all rental residential properties regardless of when they were built, but explicitly exclude transient lodging such as hotels and motels, government-owned housing, and facilities like nursing homes that are already licensed and inspected by other authorities. Importantly, the chapter does not alter the contractual rights or obligations created by a lease agreement, except as addressed in § 10-18-11.
Plain English — not legal advice.
Under Berkeley § 10-18-2, operators of rental residential properties are subject to the chapter's maintenance standards, inspection requirements, and licensing obligations regardless of the age or original construction code of their buildings. Compliant operators generally ensure their properties meet the village's property maintenance standards on an ongoing basis and cooperate with inspections authorized under this chapter. Because the chapter explicitly excludes certain property types—such as hotels, motels, and government-owned housing—operators should confirm whether their specific property type falls within the chapter's scope before assuming these requirements apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Berkeley § 10-18-2 signals that tenants in rental residential dwellings are entitled to the protections created by the city's property maintenance standards, inspections, and licensing framework. The chapter's stated goals include correcting housing conditions that threaten health, safety, and general welfare, which means tenants living in substandard conditions may have grounds to raise code violations through the village's enforcement process. Tenants who believe their dwelling falls short of the standards described in Chapter 18 may consider contacting the Berkeley Rent Stabilization Board or a local tenant-rights organization to understand available enforcement paths, keeping in mind that § 10-18-2 clarifies the chapter does not itself alter lease rights except as provided in § 10-18-11.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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