Multifamily and Duplex Properties for Sale in Emeryville: Zoning and Rent Rules
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What multifamily in Emeryville looks like
Emeryville has very few single-family streets. Most of its housing is apartments and condominiums, much of it in mid-rise and high-rise mixed-use buildings built on former industrial land. Older duplexes, small apartment buildings and live/work conversions fill the residential pockets near the Oakland border, around Doyle Street and in the Triangle neighborhood. For a two- to four-unit building, see financing 2-4 unit properties. For larger buildings, see apartment building loans.
Where the zoning allows it
Section 9-3.102 sets up three residential zones and two mixed-use zones that include housing. Density is not written zone by zone. It comes from the General Plan’s maximum residential density map, which section 9-4.203 adopts.
| Zone | Role | Housing notes |
|---|---|---|
| RM Medium Density Residential | Residential neighborhoods | Bonus projects of 10+ units must include affordable units and community benefits |
| RMH Medium-High Density Residential | Denser residential blocks | Commercial uses limited to the ground floor |
| RH High Density Residential | High-density housing | Ground-floor offices allowed where the NR overlay applies |
| MUR Mixed Use with Residential | Housing plus another use group | Sites of 1 acre or more must include housing and at least one other use |
| MURS Mixed Use with Residential South | Same, south area | Also carries Housing Element emergency-shelter provisions |
| Density map category | Base (units/acre) | With bonus (units/acre) |
|---|---|---|
| 35 | 35 | No bonus |
| 35/60 | 35 | 60 |
| 50/100 | 50 | 100 |
| 70/135 | 70 | 135 |
| 85/170 | 85 | 170 |
Bonus points. Density above the base needs a use permit and points under section 9-4.204. The points owed scale with the share of the bonus increment requested. For example, asking for 25 extra units per acre in a 50/100 area takes 50 points. At least half the points must come from affordable units. The rest can come from community benefits such as family-friendly units, public open space or a convertible parking garage. A project using the city bonus cannot also use the state density bonus, so compare the two before you pay for a site.
Lots split between density areas. Each part of the lot takes its own mapped density. With a CUP, the whole lot can use the higher density if at least half of it is already in that area.
ADUs and SB 9. State ADU law applies in Emeryville. SB 9 lot splits apply only to single-family-zoned lots, which are rare here. We did not open Emeryville’s local ADU standards, so confirm them with the Planning Division. See our ADU investment guide and SB 9 lot split guide.
Rent rules: state cap plus a local just cause ordinance
Emeryville does not appear on the Attorney General’s list of cities with local rent caps, so covered units follow the statewide cap. Alameda County is in the AG’s San Francisco Area region. Its cap is 6.3% for increases from August 1, 2025, and 8.8% for increases from August 1, 2026 through July 31, 2027. The city’s tenant protection page says those state rent limits still apply in Emeryville. Evictions follow the city’s own ordinance instead of the state just cause rules. See our AB 1482 guide.
The Residential Landlord and Tenant Relations Ordinance, Chapter 5-40, was adopted in 2017. To end a tenancy, a landlord must:
- hold a valid residential business license
- have given the tenant the required tenant rights notice
- use a compliant termination notice and send a copy, with the rental agreement, to the City Clerk within 10 days
- rely on one of the listed for-cause or no-fault grounds
Our just cause eviction guide covers the general framework.
Emeryville rental property rules
Relocation. For no-fault terminations, section 5-40.04 sets relocation payments by landlord size. A large landlord, with more than four covered units, pays the greater of five times the HUD Fair Market Rent or four times the current rent. A small landlord pays the greater of one month of Fair Market Rent or one month’s rent. The payment is split equally among tenants and is due by the last day of paid tenancy. No-fault grounds include withdrawing the unit from the market, an owner, parent or child moving in, and substantial renovation.
Right to return. If a unit removed on a no-fault ground comes back on the market within two years, the former tenant must be offered it at no more than the last rent.
Harassment and buyouts. The city page lists bad-faith acts that count as harassment, such as cutting services or misusing entry rights. It limits buyout offers to one every six months. Tenants and the city can sue, and a winning tenant can recover attorney fees.
Exemptions. Chapter 5-40 does not cover stays of 30 days or less, an owner-occupied home renting two or fewer rooms, nonprofit co-ops or government-owned housing.
Business tax. Rental owners need a city business license. The city’s Measure BB, on the November 3, 2026 ballot, proposes taxing real property rental at 0.4% of gross receipts starting in 2027.
Building and closing-cost issues
Older wood-frame buildings near the Oakland border warrant a seismic retrofit review. We did not verify a mandatory Emeryville soft-story program. Buildings of three or more units with elevated balconies need SB 721 inspections. On the closing side, the County Clerk-Recorder collects Emeryville’s city transfer tax of $12, $15 or $25 per $1,000 of full value, depending on price, on top of the county’s $0.55 per $500.
Underwriting an Emeryville multifamily purchase
- Classify each unit under AB 1482, and model increases at the regional cap.
- Confirm the landlord’s business license and the tenant rights notices, and get copies of any termination notices filed with the City Clerk.
- Price relocation exposure under the large-landlord formula if you will own more than four covered units.
- Check the parcel’s mapped density category and whether any bonus agreement or affordable units are recorded.
- Collect leases, the rent roll and two years of operating statements, and get estoppel certificates.
- Add the city transfer tax tier, reassessed property tax and the Measure BB outcome to your rental property analysis.
Questions people ask
Does Emeryville have rent control?
No local rent cap appears on the Attorney General’s list. Covered units follow the state cap, 8.8% for increases from August 1, 2026.
Does Emeryville have just cause eviction?
Yes. Chapter 5-40 requires a listed ground, a city-form notice and filing with the City Clerk within 10 days.
How much is relocation in Emeryville?
For a large landlord, the greater of five times HUD Fair Market Rent or four months’ rent. For a small landlord, the greater of one month of either.
Who counts as a small landlord?
A landlord with four or fewer covered units, or one operating a group residential facility.
How dense can a new building be?
It depends on the mapped category. The highest is 85 units per acre base and 170 with bonus points.
Can I combine the city bonus with the state density bonus?
No. A project that uses Emeryville’s bonus points system cannot also use the state density bonus.
What transfer tax applies to an Emeryville apartment sale?
The county’s $0.55 per $500, plus the city’s tiered tax, which reaches $25 per $1,000 above $2 million.
Sources & notes
- Emeryville Municipal Code Title 9, Ch. 3, Art. 1 (zones) and Art. 3 (base zones) (GoCodebook)
- Title 9, Ch. 4, Art. 2, density and bonus points (9-4.203, 9-4.204)
- Emeryville Municipal Code Chapter 5-40, Residential Landlord and Tenant Relations
- City of Emeryville, Tenant Protection Resources
- California Attorney General, Rent Caps
- City of Emeryville, Measure BB
- Alameda County Clerk-Recorder, Real Property Transfer Tax
General information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.
Related: Emeryville real estate guide · Commercial real estate in Emeryville · Multifamily investing guide · Investor services