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Apartment Rent Ordinance Update


Tenant Protection Ordinance and Apartment Rent Ordinance Community Meetings


 Date

Time

Location

Presentation

Discussion Feedback

Monday, June 26, 2017

6:30 –  8:30 pm

City Hall Wing Rooms

200 E. Santa Clara St

PowerPoint

Public
Comments

Tuesday, July 11, 2017

6:30 –  8:30 pm

Cypress Community Center

403 Cypress Ave

PowerPoint

Public 
Comments

Wednesday, July 12, 2017

9:00 – 11:00 am

City Hall Wing Rooms

200 E. Santa Clara St

PowerPoint

Public 
Comments

Tuesday, July 18, 2017

6:30 –  8:30 pm

Seven Trees Community
Center
3590 Cas Drive

PowerPoint

Public 
Comments


Public comments submitted as of July 31, 2017 on these topics can be viewed here.


Ellis Act & Tenant Protection Ordinances Posted


June 9, 2017: The Housing Department released an Information Memorandum explaining specific provisions of the Tenant Protection Ordinance, and includes a Frequently Asked Questions sheet.
 
The following version of the Tenant Protection Ordinance was posted for City Council consideration on April 18, 2017:


4.3 Actions Related to Tenant Protection Ordinance

(a) Approve an ordinance adding Part 12 to Chapter 17.23 of the San José Municipal Code to include a Tenant Protection Ordinance limiting no-cause evictions and establishing requirements for property owners to state a Good Cause for eviction in certain limited circumstances. 

 

(b) Direct the City Manager to instruct staff to incorporate into the forthcoming revised Apartment Rent Ordinance, a requirement that a property owner offer a renewable one-year written lease to tenants.

 

(c) Direct the City Manager to instruct staff to return with an amendment to Ordinance No. 28730 (the Interim Apartment Ordinance) to remove the exemption for units with rental subsidies and to make that change to the forthcoming revised Apartment Rent Ordinance.

 

(d) Direct the City Manager to instruct staff to research different relocation benefits and return to Council with a report on the potential to unify existing policies of the City.

 

CEQA:  Not a Project, File No. PP10-068(c), General Procedure & Policy Making, Code or Policy change that involves no changes in the physical environment.  (Housing) * TO BE HEARD LAST NOT BEFORE 3:30 P.M.

 

Memorandum

Supplemental Memorandum

Memorandum from Councilmembers Peralez and Rocha

Memorandum from Councilmember Khamis

Memorandum from Councilmembers Davis and Diep

Memorandum from Councilmembers Arenas and Jimenez

Memorandum from Councilmember Rocha

Attachment A

Attachment B

Attachment C

Attachment D

Attachment E

Ordinance - Part (a)

Letter(s) from the Public

Presentation

 

 The following version of the Tenant Protection Ordinance was posted for City Council consideration on May 9, 2017:


4.3 Actions Related to a Tenant Protection Ordinance with Just Cause Protections

(a) Approve an ordinance adding Part 12 to Chapter 17.23 of the San José Municipal Code to include a Tenant Protection Ordinance that restricts no-cause evictions and establishes requirements for landlords to state a just cause for eviction. 

 

(b) Adopt an Urgency Ordinance adding Part 12 to Chapter 17.23 of the San José Municipal Code to include a Tenant Protection Ordinance that restricts no-cause evictions and establishes requirements for landlords to state a just cause for eviction.  Please note: Approval of this item requires 8 or more affirmative votes (2/3).

 

CEQA:  Not a Project, File No. PP10-068(c), General Procedure & Policy Making, Code or Policy change that involves no changes in the physical environment.  (Housing) TO BE HEARD LAST

 

Memorandum

Supplemental Memorandum

Memo from Councilmember Arenas and Jimenez

Memo from Mayor Liccardo and CM Jones

Memo from Vice Mayor Carrasco and CMs Peralez and Rocha

Memorandum from Councilmember Rocha

Ordinance - Part (a)

Ordinance - Part (b)

Letter(s) from the Public



Draft Ellis Act & Tenant Protection Ordinances Released

The City Council directed the Department of Housing to develop these ordinances when they voted to amend the Apartment Rent Ordinance in April and May 2016. The draft ordinances were written with input collected in several meetings by the public and from interested stakeholders, a review of programs and ordinances in other cities, and a thorough legal review.

The Ellis Act

The Ellis Act Ordinance creates a process that must be followed when a property owner is deciding to no longer rent their rental property and evict all tenants. This ordinance creates a uniform process and timeline for notifying tenants of this change, as well as relocation benefits that must be provided to impacted tenants. To comment on this draft ordinance, please email 

Draft Ordinance
Public Comment File (as of 3/3/2017)
Public Comment File (as of 4/6/2017)

 
The Tenant Protection Ordinance


The Tenant Protection Ordinance
 was originally titled the "Anti-Retaliation and Protection Ordinance." This ordinance provides protections from eviction for tenants experiencing poor living conditions because of actions or behaviors exhibited by a property owner or manager. To comment on this draft ordinance, please email .

Draft Ordinance
Public Comment File (as of 3/3/2017) 
Public Comment File (as of 4/6/2017)
Public Comment File (as of 5/9/2017)

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 17, 2016: the interim ordinance and interim regulations 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. 
ARO Timeline


City Council Amendments to the Apartment Rent Ordinance
On April 19, 2016 the City Council heard public comment and directed staff to make the following amendments to the Apartment Rent Ordinance:
  1. 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%.
  2. Debt Service Pass-Through: Eliminate the debt service pass-through.
  3. 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.
  4. Rent Registry: Develop a full rent registry, utilizing technology to the greatest extent possible, to allow for full monitoring, enforcement and compliance with the ordinance.
  5. 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.   
  6. 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 here
Watch a recording of the meeting here.

On May 10, 2016, the City Council heard public comment on the following items which were continued from the April 19, 2016, meeting:
  1. Interim Ordinance: The City Council approved an interim ordinance to reduce the annual allowable increase to 5% beginning June 17, 2016.
  2. 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. 
  3. Staffing Plan: 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 here.
Watch a recording of the meeting here

For questions or more information, please call 408.975.4480.


Advisory Committee


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.

Committee Members 
News and Announcements
Release of San José's Draft Apartment Rent Ordinance and Regulations
The Housing Department is pleased to announce that the draft Apartment Rent Ordinance (ARO) and Regulations are available for public review and comment today, August 14, 2017. The 30-day comment period will run from August 14, 2017 to September 15, 2017. Read on...