Click to Home
Go To Search
Housing
CommunityBusinessVisitorsGovernmentEnvironment
San Jose Home
Ordinance Updates
Tenant Protection Ordinance and Apartment Rent Ordinance Community Meetings

Four public meetings on the Tenant Protection Ordinance and potential changes to the Apartment Rent Ordinance were held on June 26, July 11, July 12, and July 18. Public comments submitted on these topics as of July 31, 2017, are available for review

Public comment is now available regarding the Apartment Rent Ordinance draft that was released on August 15, 2017, and submitted as of September 25, 2017.

 Date

Location

Presentation / Memos

Discussion Feedback


Housing & Community Development Commission
Agenda

Thursday, October 5, 2017

 5:45 p.m.
City Hall Council Chambers
200 E. Santa Clara Street
Amendments to ARO Memo
Attachments A, B, C, D, E, F, G, H, I, J, K, L

TPO Memo
Attachments A, B

Fees & Summary
Staffing Plan & Program Fees Memo

Attachments A, B, C
 

Housing & Community Development Commission


Thursday, September 14, 2017
           

5:45 pm

City Hall Wing Rooms
200 E. Santa Clara Street


PowerPoint

Draft
ARO & Regs
Memorandum
Attachments
 A, BC, D, EF
   RRR Annual Report

 

Thursday, August 31, 2017
Draft Apartment Rent Ordinance and Regulations
           

2:00 - 4:00 pm

City Hall Wing Rooms
200 E. Santa Clara Street

 
PowerPoint

Public Comments

Thursday, August 24, 2017
Draft Apartment Rent Ordinance and Regulations

6:30 – 8:30 pm

Educational Park Branch Library
1772 Educational Park Drive 

PowerPoint 

Public Comments

Tuesday, July 18, 2017 

6:30 - 8:30 pm

Seven Trees Community Center
3590 Cas Drive

 
PowerPoint

Public Comments

Wednesday, July 12, 2017

9:00
 – 11:00am

City Hall Wing Rooms
200 E. Santa Clara Street


PowerPoint


Public Comments

Tuesday, July 11, 2017

6:30 - 8:30 pm

Cypress Community Center 
403 Cypress Ave

PowerPoint


Public Comments
           
Monday, June 26, 2017


6:30 – 8:30 pm

City Hall Wing Rooms

200 E. Santa Clara Street


PowerPoint


Public Comments




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


Staff Recommendations


After completing eleven Advisory Committee meetings, considering Committee and public input, reviewing the apartment rent stabilization policies of other California cities, and analyzing the Preliminary Consultant report, the Housing Department has developed preliminary recommendations for amendments to the Apartment Rent Ordinance as directed by the City Council.


Consultant Reports

At the direction of the City Council, the Housing Department contracted with Economic Roundtable to produce an analysis of the Apartment Rent Ordinance through a preliminary and final report. These reports will inform staff's recommendations to the City Council and includes the following key items:
  • Financial outcomes of ARO rental properties
  • Analysis of debt-service pass-through
  • Characteristics of ARO Apartments
  • Comparison of ARO and non-ARO rents
  • Demographic characteristics of ARO tenants

View the final report here


For information about previous public meetings on the Apartment Rent Ordinance, click here.

For information about previous City Council memorandums on the Apartment Rent Ordinance, click 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