Measure MM - City of Berkeley Ordinance

Summary

A “YES” vote on Measure MM is a vote in favor to authorize the City of Berkeley to amend the City’s Rent Stabilization and Eviction for Good Cause Ordinance in three ways. The measure would prohibit the eviction of a residential tenant for nonpayment of rent when a state or local emergency has been declared and emergency legislation has been enacted to authorize the tenant to withhold rent. Secondly, the measure would authorize the Rent Stabilization Board to collect information from the owners of rented single-family homes, rented condominiums, and newly constructed rental units, and to set and charge a registration fee for those units. The measure would also clarify the existing exemption for Accessory Dwelling Units (ADUs) to address a change in state law.

A “NO” vote on Measure MM is a vote in opposition to authorize the City of Berkeley to amend the City’s Rent Stabilization and Eviction for Good Cause Ordinance in three ways. The measure would prohibit the eviction of a residential tenant for nonpayment of rent when a state or local emergency has been declared and emergency legislation has been enacted to authorize the tenant to withhold rent. Secondly, the measure would authorize the Rent Stabilization Board to collect information from the owners of rented single-family homes, rented condominiums, and newly constructed rental units, and to set and charge a registration fee for those units. The measure would also clarify the existing exemption for Accessory Dwelling Units (ADUs) to address a change in state law.

Arguments

"Vote YES on MM to protect neighbors from losing their homes, require newer apartment buildings to pay their fair share for City services, and support the construction of backyard units behind single-family homes... The City Council enacted strong eviction protections under its emergency powers, but Berkeley’s Rent Stabilization Ordinance continues to recognize non-payment of rent as a cause for eviction. Once the City’s emergency proclamation is lifted, many Berkeley renters are at risk of losing their homes.", in support of Measure MM (Learn more)

"Measure MM requires newly-built and other similar units to register and pay their fair share for services, but does not subject them to rent control. Primary residences rented for up to two years are exempt, ensuring homeowners aren’t asked to pay fees and register for a sabbatical or other limited absence. Measure MM also encourages construction of new housing by continuing to exempt new Accessory Dwelling Units on single-family properties from rent and eviction controls. State law recently changed to allow ADUs on multi-unit properties. Measure MM limits the ADU rent and eviction control exemption to owner-occupied single-family properties, as originally intended by Berkeley voters in 2018.", in support of Measure MM (Learn more)

"Measure MM is a poorly-designed policy that will discourage homeowners from creating backyard cottages—known as Accessory Dwelling Units (ADUs), which tend to be more affordable for tenants and easily blend into our neighborhoods... Measure MM will discourage new ADUs. Every time we debate more regulations on ADUs, we create more uncertainty in homeowners’ minds about whether they should make the long-term, costly commitment to build an ADU. We support protecting tenants, and we also need to create more homes! Just two years ago, Berkeley citizens voted to exempt all ADUs from rent stabilization and eviction controls. Now the Rent Board wants to reverse the will of the voters by removing this exemption for a second ADU that a homeowner creates—under a complex set of rules not fully described in the measure. These complicated rules will discourage homeowners from adding even one ADU to their property and renting it out to a long-term tenant.", in opposition to Measure MM (Learn more)

"Measure MM adds no new tenant protections. The measure poses as protecting tenants by prohibiting evictions during a state of emergency. But that is already City law! The redundant tenant protections are an attempt to gain support for the measure’s more harmful elements.", in opposition to Measure MM (Learn more)

"Measure MM raises fees without oversight. The measure would even require that owners of all rented ADUs, single-family homes, condos, and new units pay a registration fee. No evaluation has been done to justify this proposed new fee to the public. An Alameda County Grand Jury audit criticized the Berkeley Rent Board for increasing fees “without justification.” The audit found that Berkeley already has the highest registration fees in California. Ordinary homeowners should not be treated the same as large commercial landlords. Individuals who choose to share their personal space should be able to choose with whom they will live!", in opposition to Measure MM (Learn more)

Measure Details