Legal Question in Real Estate Law in California

The Berkeley rent control ordinance is lengthy and perhaps, to a landlord, Draconian. It can be found on line at http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=9296. I think you need to compare what someone in City government is telling you with the language of the ordinance and see if you agree.......it seems probable to me that your "advice" is mistaken, but perhaps not. I am not an authority on the contents or interpretation of the ordinance, although I have been a Berkeley landlord (many years ago, and before becoming an attorney). My hunch is the interpretation is wrong because it makes no sense, but what else makes sense in Berkeley?

I'm afraid it is true: "Once a landlord has successfully recovered possession of a rental unit pursuant to this subsection (13.76.130A.9), then no other current or future landlords may recover possession of any other rental unit on the property pursuant to Subsection 13.76.130A.9a. It is the intention of this subsection that only one specific unit per property may be used for such occupancy under Subsection 13.76.130A.9a and that once a unit is used for such occupancy, all future occupancies under Subsection 13.76.130A.9a must be of that same unit." (Berkeley Municipal Code section 13.76.130A, subsection 9h). This does not prevent you from moving into another unit once it becomes vacant. It only limits the unit that can be used for a forced eviction so the owner (or other qualified owner's relation) can move in. So your only options are to force the current tenant out of the unit that was used for owner occupancy before, and then wait for the unit you want to become vacant, and move in there and rent the eviction unit out again, or live elsewhere until the unit you want becomes vacant.

The purpose is to keep landlords from using the excuse that they want to live in a different unit to be used to evict tenants, which could be used to circumvent Berkeley's rent control ordinances. You should also be familiar with the Ellis Act, which may govern this situation.