Apartment Petition Process

The Apartment Rent Ordinance (San Jose Municipal Code Chapter 17.23.010) provides that tenants who live in rent stabilized units may file petitions. These petitions may be based on:

• Invalid rent increases (17.23.310);
• Habitability concerns;
• Other service reductions.

Petitions may be submitted in English, Spanish, or Vietnamese.

The Ordinance also permits landlords to file Fair Return Petitions and Petitions for Capital Improvements.

To resolve the issues identified in the petition, staff will schedule a mediation or hearing.

The City of San José has changed how the Rent Stabilization Program (RSP) conducts business. The RSP is an essential service and petitions are still being accepted for rent stabilized units subject to the Apartment Rent Ordinance (ARO) (San Jose Municipal Code 17.23.010).

If you have any questions about whether your unit is rent stabilized or about the right to file a petition, please call 408-975-4480 or email RSP@sanjoseca.gov.

Download the Tenant and Landlord Q&A which contains many questions and answers tenants and landlords may face throughout the process.

Mediation/Hearing Forms

Mediations are scheduled once a completed petition has been filed with the Rent Stabilization Program. Below are resources and forms that may be submitted for a mediation.

• List of all forms (PDF)
• Explanation of Hearing Process (PDF)
• Proxy (Notice of Representation) Form: A Landlord or tenant can submit a representation by a proxy. A proxy is someone that has the authority to represent you on your behalf and does not need to be an attorney. This form will be filed with the City’s Rent Stabilization Program.
• Appeal Request or Breach of Voluntary Agreement Form: This form allows parties to appeal an administrative decision or claim a breach of a voluntary agreement within a time limit. The Appeal Request must be submitted in writing on this form and returned to the Rent Stabilization Program.
• Tenant and Landlord Q&A

A mobilehome park owner may petition for a hearing by an Administrative Hearing Officer to request approval to increase rents above the maximum annual percentage. Residents who will be affected by the increase may participate in the hearing process (Ordinance/Municipal Code).