💡 Skipped a Few Berkeley Increases? January 1 Has a New Ceiling
Berkeley voters approved Measure X on November 3, according to unofficial results. Once it takes effect, a landlord can’t raise a fully covered Berkeley unit’s rent by more than 10% in a 12-month period for increases based on the Annual General Adjustment, and that includes banked AGAs (BMC §13.76.110(F)).
No effective date has been announced. Voter-approved city ordinances take effect 10 days after the City Council declares the result, and in 2024 Measure BB’s changes applied from December 20. So a January 1, 2027 increase will likely fall under the new cap.
The 2.5% AGA on its own is nowhere near 10%. The cap only matters if you’re catching up several skipped years at once.
What We See at AEBP
We issue Berkeley increases on January 1, the first day an eligible unit can take one (company practice). But an eligibility date isn’t an automatic increase. Owners sometimes skip a year, and keeping a good tenant is a common reason. In Berkeley, a skipped AGA isn’t lost; it stays in the unit’s rent ceiling.
That’s where Measure X shows up. Here’s what a January 1, 2027 catch-up would total, depending on how many years were skipped:
| Years skipped | Catch-up on Jan 1, 2027 (incl. 2027’s 2.5%) | Under Measure X |
|---|---|---|
| None (2027 only) | 2.5% | Under the cap |
| 2026 | 3.5% | Under the cap |
| 2025–2026 | 5.7% | Under the cap |
| 2024–2026 | 7.7% | Under the cap |
| 2023–2026 | 12.4% | Capped at 10% |
Rent Board AGAs: 2023 4.4%, 2024 1.9%, 2025 2.1%, 2026 1.0%, 2027 2.5%, compounded. Assumes a fully covered unit, a tenancy that began before 2022, rent at its ceiling before the skipped years, and eligibility for every AGA. A hypothetical, not an AEBP property.
A skipped Berkeley increase isn’t lost. It just can’t all come back at once.
Before You Send a January 1 Catch-Up Notice
- Find the units with skipped years: list each Berkeley unit’s last AGA increase. Units that took every AGA won’t come close to the cap.
- Confirm the ceiling: check the registered rent ceiling and any unused AGAs with the Rent Board’s AGA calculator before you set a number.
- Keep it at 10% or less: count every increase in the 12 months before January 1. As we read the text, anything above 10% stays in the rent ceiling for a later 12-month period; confirm the amount with the Rent Board.
- Serve on time: an increase of 10% or less needs 30 days’ notice (Civil Code §827(b)). For January 1, deliver it in person by December 1, or mail it within California by November 25.
💡 This week’s takeaway
If you’re catching up skipped Berkeley increases on January 1, keep the total at or under 10%. Once Measure X takes effect, that’s the most an AGA-based increase can go up in 12 months, banked AGAs included.
📘 Learn more
This tip comes from Monday’s guide to Berkeley’s Measure X:
→ Berkeley Measure X Passed: What Changes for Landlords, and When — the worked example, effective-date timeline and other changes
→ Oakland and Berkeley Rent Increases for 2027 — which rate applies to each unit and the January 1 notice calendar
→ Berkeley Rent Control Compliance Guide — registration, the AGA and banking
This tip is part of our ongoing education series for Bay Area landlords focused on compliance, risk reduction, and smarter property management. 📋 Browse all Thursday Landlord Tips →
