Update (5/3/2024) - Residential developments that started construction in 2010 in San José's redevelopment project areas have an Inclusionary Housing Ordinance requirement which specifies a percentage of the units are to be made affordable to renters of those units. If developers chose to build the apartments instead of opting to pay in-lieu fees, the City's Asset Management team ensures ongoing compliance with the recorded Affordability Restriction on the development.

All rental developments with recorded Affordability Restrictions must adhere to current Income and Rent Limits, and to the current utility schedule when determining tenant income eligibility and setting maximum rents.

In situations where there are multiple affordability restrictions/income or rent limits set by different funding requirements or jurisdiction, the development must adhere to the strictest requirement so it can meet all the layering restrictions.

Financial documentation and verification of ongoing eligibility are required of all residents on an annual basis, or quarterly, if required by the Affordability Restriction. Rent Rolls that summarize tenant income and rents must be submitted electronically on the City of San Jose Rent Roll approved template.

Additionally, all rental developments with a recorded Affordability Restriction are required to complete the annual Fair Housing Compliance Submission.

Rent Rolls and the Annual Fair Housing Compliance submission is due July 1^st.

For questions regarding affordability compliance, please contact the Asset Management team at assetsubmissions@sanjoseca.gov.

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