A landlord’s duty to tenants is to provide a safe and sanitary place to live. The home must be habitable. This means that a rental property must meet basic living and safety standards. Tenants are entitled to live in a home free of these conditions:
- Damp, leaking ceiling and walls
- Visible mold
- Holes in walls, floor or carpet
- Falling plaster or peeling paint
- Inadequate security or locks
- Lack of or inadequate heat
- Missing or broken windows
- Lack of or inadequate hot water
- Missing or broken smoke detectors
- Rats, roaches or bed bugs
- Inadequate trash collection
- Unsafe stairs / railing
- Defective electrical wiring
The 2009 Tenants Survey conducted by the Rent Stabilization Board found that 75% of tenants reported a physical problem in their building. The most frequent issues reported were broken doors/windows (38%), bad plumbing (30%), and visible mold & mildew (26%). Shockingly, 18% reported no heat.
Despite high rents, the City of Berkeley does not ensure that all rental housing is safe and well maintained. The annual Rental Housing Safety Program fee must be used to implement cyclical inspections of all rental property, like most of the cities surrounding Berkeley. Cyclical inspections will ensure that Berkeley’s rental units are habitable, protect tenant health and safety, and preserve the City’s housing stock.