How Does Rent Control
Work for Tenants in San Jose?
Navigating rental laws can be challenging, especially when you’re trying to understand your rights as a tenant. If you’re renting in San Jose, the city’s Apartment Rent Ordinance is one of the key regulations designed to protect you from excessive rent increases while fostering stable housing. Here’s a concise overview of how rent control works in San Jose.
The San Jose Apartment Rent Ordinance (ARO) caps annual rent increases for certain types of housing in the city. Per the ordinance, landlords may increase rents by no more than one 5% increase in a 12-month period (San Jose ARO, Section 17.23.310). However, not all rental properties are covered under this ordinance, so it’s vital to verify whether your unit qualifies.
Covered Properties:
- ● Rental units that are part of a multiple dwelling building or guesthouse that received a certificate of occupancy or were offered for rent before September 7, 1979
Exempt Properties:
- ● Single-family homes
- ● Duplexes
- ● Condos and townhomes
- ● Rental units first rented after September 7, 1979
- ● Accessory dwelling units (in-law units/granny flats)
If you’re unsure whether your rental property is protected under the ARO, you can always verify by contacting the City of San Jose’s Rent Stabilization Program at 408-975-4470, or visiting the official San Jose Rent Stabilization webpage.
Under the ARO, rent increases are limited to one 5% increase per year. However, there are instances where certain rent increases may be exempt from these requirements, including:
- Vacancy Decontrol: If you voluntarily vacate your unit, the landlord can set a new rental rate for the next tenant without limitations.
- Evictions: After a lawful eviction, landlords may raise the rent higher than the 5% limit.
Additionally, landlords may petition the city for:
- ● Capital Improvement Costs.
- ● Fair Return Adjustments, if their expenses significantly exceed income.
Tenants unhappy with a rent increase or facing reduced services can also file a petition for an administrative hearing.
The ARO includes provisions to ensure tenants are not unfairly treated. Some key elements include:
- ● Service Reductions: If services like maintenance or utilities are reduced, tenants have the right to request rent adjustments.
- ● Housing Code Violations: If housing conditions pose health or safety risks, the tenant may challenge rent increases.
- ● Anti-Retaliation Protections: Landlords cannot harass, sue, or increase your rent in retaliation for you exercising your rights under the ordinance (San Jose ARO, Section 17.23.1270).
If your landlord violates San Jose’s rent ordinance—or engages in certain types of harassment or unlawful behavior—you may be entitled to the following legal remedies:
- ● Treble Damages: Under California Civil Code § 1940.2 (for covered tenants), tenants can recover up to three times actual damages if the landlord’s conduct is willful, such as harassment, illegal eviction attempts, or utility shutoffs. Local city ordinances may permit greater or lesser damages, for covered tenants.
- ● Compensatory Damages: This includes financial losses (e.g., rent overcharges, relocation expenses) and emotional distress, especially in cases involving harassment, unsafe living conditions, or sudden displacement.
- ● Attorney’s Fees: Tenants who prevail in court may be awarded their legal fees, making it easier to pursue justice.
- ● Injunctive Relief: Courts can order landlords to stop unlawful actions and comply with local housing protections.
These remedies are designed to protect renters and hold landlords accountable for violating tenant rights.
If your unit does not qualify under San Jose’s rent ordinance, you may be covered by the California Tenant Protection Act of 2019, which caps rent increases at 5% plus CPI or 10%, whichever is less, and provides just cause eviction protections for certain properties.
Learn more about your rights by visiting our California Tenant Protection Act of 2019 guide.
Need Help Navigating Your Rights?
If you’re facing a rent increase, illegal eviction, landlord harassment, or other landlord-tenant issues, Tenant Law Group is ready to support you. As California’s leading tenant rights law firm, we specialize in defending renters and ensuring their rights are upheld. Protect your housing rights with expert guidance. Contact us today for a free case evaluation to learn more about your tenant rights in San Jose.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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