- Google AI Overview
Yes, tenant unions are legal and protected under California state law, which prohibits landlord retaliation against tenants for organizing. In Berkeley, tenants have a legally enforceable right to form tenant unions and bargain with their landlords, particularly after the passage of Measure BB in November 2024. Landlords are required to participate in good-faith negotiations with tenant unions regarding issues like rent increases and building habitability.
State-Wide Tenant Organizing Rights
- Protected Activity: Organizing or participating in a tenant union is a protected right under California law.
- No Retaliation: Landlords cannot legally evict, harass, or penalize tenants for forming or joining a tenant association.
Tenant Unions in Berkeley
- Measure BB: In 2024, Berkeley voters approved Measure BB, which established a legally enforceable right for tenants to form and participate in tenant unions.
- Bargaining Power: Under Measure BB, tenant unions in Berkeley can negotiate with landlords on various issues, including rent increases and habitability, and can petition the city for rent reductions if landlords fail to bargain in good faith.
- Building Size Requirements: The right to form a tenant association applies to buildings with ten or more units.
- Forming a Union: To form a tenant association, at least 50% of the occupied units in a building must sign a petition.
Landlord Obligations in Berkeley
- Good Faith Conferral: Opens in new tabLandlords are legally required to meet with tenant associations and confer in good faith to address tenant concerns.
- Mandatory Meetings: Opens in new tabLandlords must attend at least one quarterly meeting with the tenant association and remain at the meeting for at least two hours.
