Berkeley Legalizes Flexible Housing Option That Could Add Thousands of Units to the Market

 Table of Content
 1. What Has Berkeley Legalized?
2. Why This Matters for California’s Housing Market
 3. How the New Law Works
 4. Challenges Ahead
 5. FAQ

As part of a bold move to address California’s ever-worsening housing crisis, Berkeley has officially legalized a type of housing that could add thousands of new units to the market over the coming years. This decision marks a significant shift in local housing policy, with the potential to reshape neighborhoods, boost housing supply, and promote equity across one of the state’s most influential cities.



What Has Berkeley Legalized?

Berkeley has voted to legalize multiplex housing—such as duplexes, triplexes, and fourplexes—in areas that were previously restricted to single-family homes. This decision, in alignment with broader efforts across the state to eliminate exclusionary zoning, opens the door to "missing middle housing," which has long been missing from urban development conversations.

By allowing more than one housing unit on what was once a single-family parcel, the city aims to increase density, provide more affordable housing options, and encourage sustainable growth without expanding urban sprawl.


Learn more about How to Get an ADU Permit in Berkeley



Why This Matters for California’s Housing Market

California is grappling with a dire housing shortage, with millions of residents priced out of the market or forced to live far from where they work. Berkeley’s zoning reform is part of a larger trend toward legalizing flexible housing types that can accommodate population growth within existing urban footprints.


Key Benefits of the Legalization:

  • Thousands of new housing units could be developed without requiring massive land expansion.

  • More affordable housing becomes possible by allowing smaller units on shared lots.

  • It reduces the carbon footprint by promoting walkable neighborhoods and reducing dependency on cars.

  • Diversified neighborhoods are encouraged through mixed-income and multi-generational housing.



How the New Law Works

Berkeley’s planning commission and city council have collaborated to update the city’s zoning ordinance. Under the new law:

  • Homeowners can convert single-family homes into multi-unit residences (up to four units per lot).

  • Height and setback regulations have been adjusted to accommodate small-scale multi-family construction.

  • No parking minimums are required for new developments in transit-friendly areas.

  • Streamlined permitting processes make it easier for developers and homeowners to build or convert units.

This change aligns with California’s statewide legislation, such as SB 9, which also aims to curb restrictive zoning practices. However, Berkeley’s approach adds local customization to reflect the city's specific needs and housing dynamics.


Check California's New ADU Laws



Challenges Ahead

While the move has been praised by housing advocates and urban planners, some concerns remain:

  • Neighborhood resistance: Some residents worry about changes to neighborhood character and increased congestion.

  • Infrastructure capacity: Questions persist about whether roads, utilities, and public services can handle the influx of new residents.

  • Affordability loopholes: Without affordable housing mandates, developers might still build units priced above market affordability.

Despite these concerns, the general consensus among policymakers and advocates is that inaction is a greater threat to the city’s housing and economic health.


Check more about Berkeley is legalizing a type of housing that could add thousands of units to the market

FAQ

What type of housing is now legal in Berkeley?

The city has legalized multiplex housing, including duplexes, triplexes, and fourplexes, on lots that were previously zoned for single-family homes only.

How many new housing units could be added as a result?

Experts estimate that thousands of new units could be created, depending on how quickly homeowners and developers act on the zoning changes.

Will this increase affordable housing in Berkeley?

Potentially, yes. Smaller units and increased density can help reduce per-unit costs. However, affordability depends on implementation details and market conditions.

Do homeowners need special permits to build more units?

The city is streamlining the permit process, especially for projects that meet transit and design guidelines. However, permits are still required.

Will existing neighborhoods be affected by this change?

Yes, neighborhoods may become more densely populated and experience more diverse housing types, but changes will happen gradually.

Is Berkeley the only city doing this?

No. Cities like San Francisco, San Diego, Sacramento, and Los Angeles are also updating zoning laws to support higher density and missing middle housing.