Rental Rights

The City of San José has resources to assist apartment and mobilehome tenants and landlords on matters related to evictions, rent increases, tenant/landlord disputes, the Rent Registry, and the City's housing ordinances. The City has several ordinances that govern rental housing, including regulations limit rent increases on approximately 38,000 apartments in San José.

Rent Stabilization vs. Rent Control

Rent stabilization is a form of rent regulation that helps units stay affordable. Rent-stabilized apartments are categorized as apartments containing 3 or more units, which were built before 1979. If you live in a rent-stabilized unit, you are entitled to additional protections and rights under the Apartment Rent Ordinance, including rent increases being capped at 5%.

Rent control is a form of rent regulation which limits the rent an owner may charge for an apartment. Under the Mobilehome Rent Ordinance, annual increases on space rents are limited to 75% of the change in the San Francisco-Oakland All Urban Consumer Price Index (CPI), with a minimum increase of 3% and a maximum increase of 7%.

Background

In 1979, the San José City Council appointed a task force to address issues in rental housing. In July 1979, the City Council adopted a rent stabilization ordinance for mobilehome parks and apartments, creating the City's Rental Dispute Program (now known as the Rent Stabilization Program) to administer the Ordinance. In 1985 the City Council voted to separate the Rent Stabilization Ordinance into two ordinances - one for mobilehome parks and another for apartments.

Resources for Apartment Tenants & Landlords
Resources for Mobilehome Owners & Park Owners