The City of San José's Rent Control
Ordinance covers most tri-plexes and larger buildings built
before September 7, 1979. The Ordinance does not cover government
subsidized rents, condominiums and transient occupancies.
Rent increases of 8% annually may be made without a
hearing. If rent has not been increased for more than two years a
21% increase may be made.
There must be at least 12 months between any rent increases.
Rent increases to a new tenant following a voluntary vacancy or
court ordered eviction are exceptions to the Ordinance. Rent increases
following a landlord's 30 day notice terminating tenancy are covered by
the Ordinance.
Tenants may file petitions questioning rent increases above these
limits. They may also file petitions claiming services have been reduced
without a reduction in rent. Petitions must be filed
with the Rental Rights & Referrals Program before the increase's effective date.
(Tenants always have at least ten days after the notice of rent increase
to file a petition).
For petition forms, contact the Rental Rights & Referrals
Program by telephone (408.975.4480) or by
e-mail.
Service reductions are decreases in any service which is required by
law or by agreement. Tenants have the burden of proof on service
reduction claims and can present evidence such as inspection reports,
photographs, documents or testimony at the hearing. Hearing officers can
order rent credits for proven reductions. The credits are based on the
reduction in use of the apartment. The hearing officer may also have the
credit continue until the service is restored.
Landlords have the burden of proving that an
increase in excess of 8% (or 21%) is justified. They may submit
claims and documentation concerning increased operating and capital
improvement costs, increased debt service costs or other relevant
factors.
The implementation of the Ordinance is overseen by the Advisory
Commission on Rents, which can recommend changes in the Ordinance and
regulations to the City Council. The Commission meets at 6:00 P.M. on
the second Thursday of odd numbered months at City Hall.
Administration of the Ordinance is funded by an annual Mediation
Fee paid by property owners. The Mediation
Fee is $9.09 per
rental unit.
