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Renters & Apartment Owners
Apartment Rent Ordinance
2015 Apartment Rent Ordinance Update
Apartment Rent Ordinance Update
Information on Implementation:
Beginning September 1, 2016:
Debt service, operations & maintenance, and rehabilitation cost pass-through opportunities have been permanently eliminated. The capital improvement cost pass-through opportunity has been temporarily suspended, and will become available again when the fully modified Ordinance is approved by the City Council.
Beginning June 17th:
are in effect until full revisions to the Ordinance are approved by the City Council.
Tenants may only receive a rent increase once in a 12-month period.
Rents only become decontrolled when a tenant leaves a unit voluntarily. No-cause terminations of tenancy do not provide an owner with the lawful ability to raise rent for a new tenant.
If you believe that your rights under the ordinance have been violated, please contact the Rental Rights & Referral Program as soon as possible at: 408-975-4480.
Interested in the other work going on as we update this Ordinance? Here's a high-level timeline. Click on the image for a larger version.
City Council Amendments to the Apartment Rent Ordinance
On April 19th the City Council heard public comment and directed staff to make the following amendments to the Apartment Rent Ordinance:
Annual Allowable Increase:
Reduce 8% annual increase to 5% annual increase; allow an owner to bank up to 10% of unused annual increases; when
the annual allowable, banked increases, and capital improvement cost pass-through are combined, limit the total annual increase to 8%.
Debt Service Pass-Through:
Eliminate the debt service pass-through.
Capital Improvement Cost Pass-Through:
Develop a list of major capital improvements that can be approved through a streamlined, administrative process which limits hearings only to instances when a tenant files a petition.
Develop a full rent registry, utilizing technology to the greatest extent possible, to allow for full monitoring, enforcement and compliance with the ordinance.
Anti-Retaliation & Protection Ordinance:
Develop and implement an Anti-Retaliation & Protection Ordinance, which provides typical "Good Cause for Eviction" protections to tenants who have reported substantiated code violations after their owner or property manager have failed to make repairs. Staff was directed to return to the City Council with a report of no-cause evictions by the end of 2017.
Urgency Ordinance to Temporarily Pause Rent Increases:
Bring an urgency ordinance that temporarily pauses rents for Council consideration on May 10th, 2016.
View the full synopsis of Item 4.1 with vote outcomes
Watch a recording of the meeting
On May 10th
the City Council heard public comment on the following items
which were continued from the April 19th meeting:
The City Council approved an
to reduce the annual allowable increase to 5% beginning June 17th.
Ellis Act, Demolition & Condominium Conversion Ordinances:
Write an Ellis Act ordinance to address the process to be followed for owners of ARO apartments subject to the ARO seeking to remove their building from the rental market. Review and return to Council with potential changes to the Demolition and Condominium Conversion Ordinances.
Direct staff to review the City's condominium conversion provisions in Chapter 20.170 and coordinate with PBCE as needed regarding updating those provisions in order to address the conversion of ARO apartments.
View the full synopsis of Item 4.4 and 4.5 with vote outcomes
Watch a recording of the meeting
For questions or more information, please call 408.975.4480.
To receive automatic e-mails with information on ARO updates and upcoming meetings, please
and select "2015 Apartment Rent Ordinance Update."
The Advisory Committee is a formal body bound by the Brown Act. Meeting agendas, materials and minutes from previous meetings will be posted in compliance with the City's open government noticing requirements and will be posted on this website.
San José City Auditor Releases Audit on the Apartment Rent Ordinance
The City Auditor has released the Apartment Rent Ordinance Audit and administrative response.
December 5, 2016 - Housing & Community Development Commission (HCDC) Meeting
The HCDC will review input received over the last few weeks from our public outreach on important questions that were asked on how to implement the Apartment Rent Ordinance, Ellis Act, and Anti-Retaliation & Protection Ordinance.
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