FORM 4 Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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1. Name and Address of Reporting Person * SHULER THOMAS R   2. Issuer Name and Ticker or Trading Symbol BERKSHIRE INCOME REALTY INC [BIR.PR.A] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) _____ Director _____ 10% Owner __X__ Officer (give title below) _____ Other (specify below) Deemed Executive Officer (Last) (First) (Middle) C/O BERKSHIRE INCOME REALTY, INC., ONE BEACON STREET, SUITE 1500 3. Date of Earliest Transaction (Month/Day/Year) 10/08/2008 (Street) BOSTON, MA 02108 4. If Amendment, Date Original Filed(Month/Day/Year) 6. Individual or Joint/Group Filing(Check Applicable Line) _X_ Form filed by One Reporting Person ___ Form filed by More than One Reporting Person (City) (State) (Zip) Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned

1.Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price 9% Series A Cumulative Redeemable Preferred Stock 10/08/2008   P   37 (1) A $ 19.5 4,997 D   9% Series A Cumulative Redeemable Preferred Stock 10/09/2008   P   763 (2) A $ 19.5 5,760 D   9% Series A Cumulative Redeemable Preferred Stock 10/09/2008   P   800 (3) A $ 19.5 6,560 D   9% Series A Cumulative Redeemable Preferred Stock 10/10/2008   P   36 (4) A $ 15.999 6,596 D   9% Series A Cumulative Redeemable Preferred Stock 10/10/2008   P   164 (5) A $ 16 6,760 D   Class B Common Stock               63,560 D

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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)

1. Title of Derivative Security (Instr. 3)

2. Conversion or Exercise Price of Derivative Security

3. Transaction Date (Month/Day/Year)

3A. Deemed Execution Date, if any (Month/Day/Year)

4. Transaction Code (Instr. 8)

5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4, and 5)

6. Date Exercisable and Expiration Date (Month/Day/Year)

7. Title and Amount of Underlying Securities (Instr. 3 and 4)

8. Price of Derivative Security (Instr. 5)

9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)

10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4)

11. Nature of Indirect Beneficial Ownership (Instr. 4)

Code

V

(A)

(D)

Date Exercisable

Expiration Date

Title

Amount or Number of Shares

Reporting Owners

Reporting Owner Name / Address	Relationships
	Director	10% Owner	Officer	Other
SHULER THOMAS R C/O BERKSHIRE INCOME REALTY, INC. ONE BEACON STREET, SUITE 1500 BOSTON, MA 02108			Deemed Executive Officer

Signatures

/s/ Thomas Shuler		10/14/2008
**Signature of Reporting Person		Date

Explanation of Responses:

*	If the form is filed by more than one reporting person, see Instruction 4(b)(v).
**	Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
(1)	On October 8, 2008, Thomas Shuler purchased 37 shares of Berkshire Income Realty's 9% Series A Cumulative Redeemable Preferred Stock on the open market at a price of $19.50 per share for a total purchase price of $721.50.
(2)	On October 9, 2008, Thomas Shuler purchased 763 shares of Berkshire Income Realty's 9% Series A Cumulative Redeemable Preferred Stock on the open market at a price of $19.50 per share for a total purchase price of $14,878.50.
(3)	On October 9, 2008, Thomas Shuler purchased 800 shares of Berkshire Income Realty's 9% Series A Cumulative Redeemable Preferred Stock on the open market at a price of $19.50 per share for a total purchase price of $15,600.
(4)	On October 10, 2008, Thomas Shuler purchased 36 shares of Berkshire Income Realty's 9% Series A Cumulative Redeemable Preferred Stock on the open market at a price of $15.999 per share for a total purchase price of $575.96.
(5)	On October 10, 2008, Thomas Shuler purchased 164 shares of Berkshire Income Realty's 9% Series A Cumulative Redeemable Preferred Stock on the open market at a price of $16.00 per share for a total purchase price of $2,624.

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