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Inspection Service Tiers

Owners of multiple housing buildings are responsible for maintaining their buildings in compliance with minimum housing standards, and Code Enforcement inspects these buildings on a rotational basis.

The frequency of inspection is based on the building's tier assignment, which is based on the inspection performance of the building and recent history of violations and verified complaints. Buildings that have more violations and verified complaints are assigned to Tier 2 or Tier 3 and have a more frequent inspection cycle and a higher residential occupancy fee. High performing buildings qualify for Tier 1, which enables annual self-certification, a less frequent inspection cycle, and a lower permit fee. See the below table for details.  

For information about Tier fees and invoicing, please visit the Residential Occupancy Permit webpage. 

TIER SERVICE LEVEL TIER ASSESSMENT CRITERIA
Tier 1 - Inspected on a 6-year cycle with mandatory annual self-certifications City responds to complaints and audits 10% of the building's self-certified units on a 6-year cycle

To maintain Tier 1 status, repairs identified by the owner/manager must be completed in a timely manner prior to the audit. Uncorrected violations or substantiated complaints involving health and safety may result in reassignment to Tier 2. See also Tier 1 section on this webpage.
Tier 2 - Inspected on a 5-year cycle City responds to complaints and proactively inspects  25% of a building's units on a 5-year cycle.

Building has less than 2 minor violations per unit and repairs are completed by due date. If the building averages less than 1 minor violation per unit inspected and repairs are completed by due date, the City may reassign it to Tier 1. If violations are uncorrected or if  substantiated complaints occur, it may be reassigned to Tier 3.
Tier 3 - Inspected on a 3-year cycle City responds to complaints and proactively inspects 50% of units on a 3-year cycle. This is for all buildings that do not qualify for Tier 1 or 2. To move to Tier 2, the building must have less than 2 minor violations per unit, repairs completed by due date, and there are no substantiated complaints. Reassignment from Tier 3 to Tier 1 would be by approval of the Program Manager in extraordinary circumstances.

tier assignmentS

To find a building's tier assignment, look up the building's address on the Multiple Housing roster.

Reassignment Process - After a building has completed the cycle time, an automatic review of the building's case history is initiated (you do not need to take any action). Buildings that meet or fail to meet the standards specified in the above table will be reassigned to the proper tier. View the Yearly Tier Update to see reassignments.

Reassignment with Remodeling - Owners or managers may request an early tier change if undertaking a substantial remodel of the building and after securing final inspection approval. To qualify, the remodel must be more than routine maintenance:

  • Window replacements along are not sufficient, but may be part of a larger building remodel.
  • Remodel of a few units may not qualify unless it is part of a larger building upgrade.
  • Providing before and after photos of the building are helpful for the assessment.  

To request early tier change based on a remodel, here is the information you will need to provide:  Please email the scope of work, invoices, and finaled permit numbers and state that you are requesting tier review based upon substantial remodeling. Send to: MHProgram@sanjoseca.gov.

TIER 1 self-certification process

Owners of buildings in Tier 1 have the following responsibilities:

  • The owner or owner’s agent agrees to inspect every unit in the building on an annual basis and upon change in tenancy. An affidavit agreeing to these conditions must be submitted as part of the annual Residential Occupancy Permit renewal process to keep Tier 1 status. See the Invoice Payment Instructions for Tier 1 for more details. 

  • The owner or owner’s agent must:
    • Use the City's self-certifying Residential Occupancy Permit Checklist or your own form as long as it contains all items in the City's checklist which contains the common substandard housing conditions. You may obtain a hard copy of the checklist by emailing MHProgram@sanjoseca.gov.
    • Provide a copy of the completed above-mentioned checklist/form to tenants within five working days of the inspection
    • Maintain electronic or hard copies of the records for seven years.

  • The owner or agent must notify Code Enforcement no later than July 31 of each year if any unit cannot be self-certified. The notification must be in writing:
    • Email MHProgram@sanjoseca.gov; or
    • Mail letter to City of San José Code Enforcement, Multiple Housing Program, 200 E. Santa Clara Street, San José, CA 95113

Opting Out of Tier 1 -  The online certification step includes an option to opt out of Tier 1 (see slide #8 of the Invoice Payment Instructions for Tier 1 presentation). If the online certification is not received by December 31 of every year, then the building will automatically be reassigned to Tier 2 in January. A new invoice at the higher rate will be mailed to the owner or alternate mailing address.

SECURE REQUIRED PERMITS TO AVOID VIOLATIONS

View the list of projects that do and do not require a permit. 

The City of San José has required permits for building construction and improvements since 1928.  Work done without the required permits is illegal and violates the State Building Code. Any change to the structural, electrical, plumbing, or mechanical configurations of any part of a building requires a permit and inspection. A permit must be issued prior to beginning work and final inspection approval is required; not obtaining final inspection is deemed a violation. These actions can result in a lower tier assignment. Note that change of ownership does not make unpermitted work legal.

Here's information to help you secure the proper permits: