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In response to a series of home-fire deaths last year, the City Council adopted a new housing ordinance Tuesday designed to increase housing safety. 

The Rental Housing Safety Program was written over a six month period with the cooperation of city staff, landlords, tenants, UC Berkeley representatives and the Housing Advisory Commission.  

The council unanimously approved the ordinance, after tweaking a few last-minute details. 

“We have such a history here to make up for,” Councilmember Polly Armstrong said prior to the vote. “I think the tenants of Berkeley are going to be a lot safer after the city passes this.” 

The program is estimated to cost $425,000 in the first year. Federal Community Development Block Grants will pitch in $300,000, the city’s general fund, $60,000 and the UC Chancellor’s Office is contributing $65,000. 

The council called for the ordinance after the deaths of five people in accidents resulting from poor housing conditions. Last November, UC Berkeley student Azalea Jusay, 21, and her parents, Francisco and Florita Jusay, both 46, died in a house fire at 2160 Martin Luther King Jr. Way. The following January, another UC Berkeley student, Brad Evans, 23, died in an Oakland home fire. 

In November 1999, an Indian immigrant, Chanti Jyotsna Devi Prattipati, 17, died from carbon monoxide poisoning in an apartment at 2020 Bancroft Way. Her death led to the conviction of wealthy Berkeley landlord, Lakireddy Bali Reddy, 62, on a variety of charges — not related to Prattipati’s death — including two counts of transporting a minor for illegal sex.  

The ordinance will require landlords to annually fill out a safety checklist on each of their rental units. The checklist, which has not been finalized yet, will be filed with the city. The completed lists will certify the working order of a variety of safety features such as smoke and carbon monoxide detectors, electrical and gas heating units and emergency exits. 

Landlords will also be required to notify the city when rental units become vacant so the Housing Department can inspect the units before new tenants move in.  

Interim Housing Director Stephen Barton said the city should be able to inspect a large percentage of the vacant units during the winter months but maybe as few as 25 percent during the high, summer turnover months when UC Berkeley students often move. 

If inspectors find safety violations and they are not repaired upon re-inspection, landlords could be fined between $100 and $500.  

According to Barton, The city is taking a “fix-it ticket” approach before fines to make sure well-intentioned landlords, who may not be aware of code requirements or violations, have an opportunity to make the repairs and avoid penalty. 

Michael Wilson, a “small” real estate owner of four units, one in which he lives in, said he supports the concept of creating safer housing but is concerned Berkeley’s ordinance won’t be effective because of the vacancy notification. 

“The good landlords will have their units inspected because they’ll notify the city,” Wilson said. “But they are the one less likely to have safety issues with their properties.” 

Wilson said irresponsible landlords, who know they have safety violations, have no incentive to notify the city under the newly approved ordinance.  

Barton said there are always scofflaws but the city will eventually catch up with those landlords. 

“They have to register with the rent board each time a unit changes tenants,” he said. “We can check the level of compliance by comparing notes with the board’s records.” 

Housing Advisory Commissioner Andy Katz, who is also a UC student, said the vacancy feature will make city inspections smoother.  

“Inspectors won’t have to deal with tenant schedules and the units will be vacant, which will make inspecting easier and more efficient,” he said. “If this process presents problems, we can always adjust the ordinance.” 

Councilmember Dona Spring amended the recommendation to require a staff report on possible ways to make the Rental Safety Program pay for itself. 

“$300,000 in block grants could subsidize six units of affordable housing,” she said.