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Rent Control

San Jose

Ordinance Adoption Date

7/7/79; (San lose Municipal Code, Title 17, Chapter 17.23), latest amendment 7/19/91.

Exceptions 

Units constructed after 9/7/79, single-family residences, duplexes, and condominium units. [Sec. 17.23.150.]

Administration

Appointed seven-member Advisory Commission on Rents, 4 N. Second St., Suite 600, San Jose, CA 951131305, 408-277-5431.

Rent Formula

Rents may not be increased more than 8% in any 12-month period, and may not be increased more than once within the 12 months. However, a landlord who has not raised the rent for over 24 months is entitled to a 21 % increase. [Sections. 17.23.180, 17,23.2 10.]

Individual Adjustments

Tenant can contest an increase in excess of that allowed by filing a petition before rent increase takes effect (30 days), or lose the right to object. Disputes initiated by tenant petition are heard by a mediation hearing officer, who may consider costs of capital improvements, repairs, maintenance, and debt service, and past history of rent increases. Either party may appeal mediator's decision and invoke binding arbitration. Tenant can also petition to contest rent based on housing-code violations or decrease in services. [Sections. 17.2122017.23.440.]

Rent Increase Notice Requirements

Where rent increase exceeds 8%, rent-increase notice must advise tenant of her right to utilize the Rental Dispute Mediation and Arbitration Hearing Process, giving the address and telephone number of the city's rent office. The notice must also indicate the time limit within which the tenant may do this. [Sec. 17.23,270.]

Vacancy Decontrol 

Landlord may charge any rent after a tenant vacates voluntarily or is evicted following three-day notice for nonpayment of rent or other breach of the rental agreement. Once the property is re-rented, it is subject to rent control based on the higher rent. [Sec. 17.23.190.]

Eviction 

Ordinance does not require showing of just cause to evict.

Penalties 

Violation of ordinance by charging rent in excess of that allowed following mediation/arbitration, by retaliation against the tenant for asserting his rights, or by attempting to have tenant waive rights under ordinance is a misdemeanor punishable by maximums of a $500 fine and six months imprisonment. [Sections. 17.23.51517.23.530.]

Tenant may sue landlord in court for excess rents charged, plus treble damages or $500 (whichever is greater). [Sec. 1 7.23.540.]