San Jose rent control Laws

 

san jose rent control Laws

A Synopsis

 

What is San Jose’s ordinance?  San Jose’s ordinance, commonly known as the Apartment Rent Ordinance (ARO), is San Jose Rental Dispute Mediation and Arbitration Ordinance, San Jose Municipal Code, Title 17, Chapter 17.23, §§17.23.010-17.23.770.  

 

While the ARO governs the rent increase, the Tenant Protection Ordinance (TPO) governs when a tenant can be evicted.

 

How does this effect landlords?  Landlords can only increase rent one time per year.  The maximum allowable increase is 5% of the current rental rate.  Landlords may file a petition to increase a rent above the allowable limit if the landlord can show that the adjustment is necessary capital investment and/or to provide a fair rate of return.

 

Which buildings does this ordinance effect?  Buildings with three or more units that were built and occupied before September 7, 1979.

 

Are there any exemptions?  The ordinance does not apply to single-family homes, in-law units, duplexes, condominiums, townhomes, hotels, and boarding houses rented to transient guests for periods of less than thirty days. 

 

How does this effect tenants?  If a tenant believes that their rent increase violates the Ordinance, they should file a petition with the San Jose Rent Stabilization Program.  If it is determined that the landlord collected too much rent in violation of the Ordinance, the landlord will be required to refund the overpayments. 

 

How is the ordinance enforced?  Enforcement is done through Rent Stabilization Program, City of San Jose Housing Department 200 East Santa Clara St, 12th Floor, San José, CA 95113.  Phone: 408-975-4480.  Or through the official San Jose City Hall website.

 

 

the law office of

h. Daniel NA

Tenant and Landlord Attorney