Tenant Relocation for Repairs

Property owners who need to relocate their tenants to make repairs must follow regulations laid out in the Berkeley Relocation Ordinance. The regulations include financially compensating tenants to cover the relocation costs and allowing tenants to move back in when repairs are done.

The relocation ordinance applies to:

• Owner-initiated repairs
• Fires
• Code enforcement by City building official

Tenants who have concerns about mold or other habitability issues should request a housing inspection through the Rental Housing Safety Program or contact the Rent Board for mediation. The housing inspector will determine whether there are code violations that require relocation.

Step 1: owner Provides tenants with required relocation documents

The steps for notifying tenants are different depending on whether the relocation is planned in advance or required due to hazardous conditions.

Planned relocations require 30-day notice

Property owners must notify tenants before the temporary relocation and provide the following documents:

• Prepare a Notice of Temporary Relocation for Planned Repairs and deliver to tenants 30 days in advance
• Send a Relocation Payment Request form for tenants to fill out
  • If the relocation will last 29 days or fewer, provide the Short-Term Payment Request form
  • If the relocation will last 30 days or more, provide the Long-Term Payment Request form
• Provide a copy of the Relocation Ordinance

Relocations required by Fire or Code Enforcement Activity

Review the Property Owner Checklist for Tenant Relocation, which guides property owners through next steps in case tenants need to be relocated due to fire or code enforcement activity. Property owners must provide tenants with the following three documents after the incident:

• Deliver the Notice of Temporary Relocation due to Fire or Code Enforcement within ten days of receiving the City’s determination (or sooner, as required by Building Official).
• Send a Relocation Payment Request form for tenants to fill out
  • If the relocation will last 29 days or fewer, provide the Short-Term Payment Request form
  • If the relocation will last 30 days or more, provide the Long-Term Payment Request form
• Provide a copy of the Relocation Ordinance

Step 2: tenant submits payment request form, finds temporary housing

The tenant should return the completed payment form within 30 days of receipt of the notice from the owner.

Tenants are responsible for finding temporary housing. Landlords can offer alternative housing or directly pay for a hotel. The tenant can choose between relocation payment or accepting a landlord’s alternative arrangement. Alternative arrangements should always have a written agreement signed by the landlord and tenant.

Short-term relocation:

• For relocations lasting 29 days or less, property owners pay tenants a daily per diem based on household size
• Tenants should continue to pay rent and use the per diem to offset the cost of temporary housing

Long-term relocation:

• For relocations lasting 30 days or more, tenants should not pay their typical rent and instead pay only for temporary housing
• If the temporary housing costs more than tenants’ typical rent, landlords will pay a rent differential (see details in next section)

Step 3: Owner Provides financial compensation

The amount of financial compensation property owners must provide tenants depends on length of the relocation.

Short-term relocation

If the relocation is 29 days or fewer, property owners provide a daily per diem to the tenant household (amounts vary depending on household size). See details in the Short-Term Payment Request Form.

Owners must pay the initial relocation payment within ten days of receiving the tenant’s request for planned repairs and within five days for relocations required by fire or code enforcement. Receipts are required for relocations that exceed 10 days. 

Note: A household is defined in the ordinance as “one or more individuals entitled to the occupancy of a rental unit or room who share living expenses.”

If a short-term relocation ends up lasting longer than 29 days, tenants are entitled to long-term benefits. Tenants and owners should review the extended scope of work and the tenant’s temporary relocation to determine appropriate accommodations.

Long-term relocation

If the relocation is 30 days or more, the property owner provides:

• dislocation allowance: a fixed, one-time payment of $400
• moving and storage costs: either a fixed payment ($300 for moving, $200 for storage) without receipts, or the actual cost with receipts
• rent differential payment: if tenants’ new rent while relocated is higher than their current rent

Please refer to the Long-Term Payment Request Form for details about the amounts for the payment amounts and details.

Initial relocation payment is due:

• For planned repairs, within ten days of receiving the tenants' payment request form
• For fire or code enforcement, within five days of receiving the tenants' payment request form

The initial payment includes:

• dislocation allowance
• moving and storage costs, if applicable
• rent differential payment for one month if relocation is under 90 days. If the relocation is anticipated to exceed 90 days, the initial payment should include rent differential for three months.

After the initial relocation payment, owners' monthly payment includes:

• monthly storage costs, if applicable
• rent differential payment and utilities, if applicable

Instead of monthly payments the owner may make one lump sum payment for the full amount due for the rent differential payments to the tenant household.

If the tenant household qualifies for reimbursement for monthly storage or utilities costs, these payments continue on a monthly basis or upon receipt by the owner of documentation verifying the household’s expenses.

Calculating rent differential

Tenants may be eligible for a rent differential payment if their temporary housing costs more than their typical rent. 

The payment is limited by a maximum rent level, which varies by unit size and can be found on the Long-Term Payment Request Form. If the tenants’ current rent includes utilities and the temporary housing does not, they can count the cost of utilities toward the value of their new rent.

To calculate the payment:

• Compare new rent with the maximum rent for the unit size (updated annually, noted on the form) and take the lower of those two amounts.
• Subtract current rent.
• The result is the monthly rent differential payment. 

Example:

• The tenant’s current rent is $2,200.
• The tenant’s new rent while relocated is $2,500 for a 1 bedroom. The maximum rent in 2026 was $2,396 for a 1-bedroom. 
• $2,396 - $2,200 = $196. That is the monthly rent differential payment.

Step 3: Allow tenants to move back in after repairs are completed

Property owners must allow tenants to move back in after completing the repairs.

Short-Term Relocation:

• The property owner must notify tenants at least one day in advance that their unit is ready to be reoccupied.
• Tenants can continue to receive relocation payments for up to 24 hours after the notice.
• Tenants must let the property owner know within ten days of receiving the notice whether they intend to reoccupy the unit. 

Long-Term Relocation: 

• The property owner must notify tenants at least thirty days in advance that their unit is ready to be reoccupied. 
• Tenants must let the property owner know within ten days of receiving the notice whether they intend to reoccupy the unit. 
• The property owner is required to hold the unit for thirty days at no cost once the tenant’s intent to reoccupy is received.

To remove the unit from the rental market, property owners will need to follow regulations in the Rent Stabilization Ordinance and the Ellis Ordinance. Please contact the Rent Stabilization Board for questions.

Appeals

If tenants or owners disagree about whether relocation is necessary, relocation payments, or other terms of relocation, the Berkeley Rent Board provides mediation free of charge.

Tenants and property owners must pursue mediation before initiating an appeal. If the parties cannot reach an agreement through mediation, tenants and owners can appeal: 

• Tenants can email buildingandsafety@berkeleyca.gov to request that the Building Official make a determination. Tenants must send their request within five business days after mediation ends, or within ten days of receiving the relocation notice, whichever comes later. 
• Owners can email hac@berkeleyca.gov to request a hearing by the Housing Advisory Commission. Owners must send their request within five business days after mediation ends, or within ten days of receiving the tenant’s claim of relocation payments, whichever comes later.

Questions

If you have further questions or need assistance, please find contact information below:

• Email: relocation@berkeleyca.gov
• Phone: (510) 981-5100

You can reach out to discuss your questions or to request an in-person appointment.

To report code violations such as mold, contact the City’s Rental Housing Safety Program.