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San Jose, the largest city in the San Francisco Bay Area and the seat of Santa Clara County, adopted its Apartment Rent Ordinance (ARO) to address rapid rent escalation driven by the region's booming technology economy. The ARO was originally enacted in 1979 and has been amended multiple times since, most significantly in 2017 when the City Council strengthened tenant protections and added a formal just-cause eviction requirement through the Tenant Protection Ordinance (TPO).
The ARO provides rent stabilization for qualifying apartment buildings — those with three or more units that were built and occupied before September 7, 1979. Landlords of covered units may raise rent by no more than 5% once every 12 months. In addition to the ARO and TPO, San Jose has enacted an Ellis Act Ordinance governing building withdrawals from the rental market and a separate Mobilehome Rent Ordinance that limits annual rent increases on mobilehome spaces to 75% of the San Francisco-Oakland All Urban Consumer Price Index (minimum 3%, maximum 7%).
For residential units not covered by the ARO — including newer construction, condos, and single-family homes — California's AB 1482 (Tenant Protection Act of 2019) may apply. AB 1482 caps annual rent increases at 5% plus local CPI (not to exceed 10%) and requires just-cause eviction for tenants who have lived in a unit for at least 12 months. Tenants in units exempt from both the ARO and AB 1482 have the fewest protections and should consult a housing attorney.
San Jose's Apartment Rent Ordinance (ARO) covers apartment buildings that meet all of the following criteria:
The following property types are exempt from the ARO:
Note on 1979 units: Properties built in 1979 may or may not be covered depending on whether they were occupied before September 7, 1979. Contact the San Jose Housing Department for a unit-level determination.
AB 1482 backstop: Units exempt from the ARO — such as condos, single-family homes, and buildings built after 1979 — may still be covered by California's AB 1482 if they are not otherwise exempt (e.g., single-family homes where the owner has provided required notice, or condos, are exempt from AB 1482 as well). Tenants in newer multi-family buildings that are not exempt under AB 1482 are entitled to a rent cap of 5% + local CPI (max 10%) and just-cause eviction protections after 12 months of tenancy.
Under the San Jose Apartment Rent Ordinance, landlords of covered units may increase rent by a maximum of 5% once every 12 months. This cap is fixed by ordinance and does not fluctuate with CPI for standard ARO apartments — unlike many other Bay Area cities.
Key rules for rent increases:
Mobilehome spaces are regulated separately under the Mobilehome Rent Ordinance. Annual increases are capped at 75% of the change in the San Francisco-Oakland All Urban Consumer Price Index, subject to a minimum of 3% and a maximum of 7%.
AB 1482 (for uncovered units): Tenants in units not covered by the ARO but subject to AB 1482 face a different cap: 5% plus the percentage change in CPI for the region, not to exceed 10% total per year.
San Jose's Tenant Protection Ordinance (TPO) requires landlords to have one of 13 specified just-cause reasons before evicting a covered tenant. The TPO applies to tenants in apartment buildings with three or more units, as well as those living in guest houses and non-permitted units within the city.
At-fault just-cause reasons include:
No-fault just-cause reasons include:
Relocation assistance: For no-fault evictions, landlords are generally required to provide relocation assistance to displaced tenants. The amount varies by the reason for eviction. Under the Ellis Act Ordinance, tenants in buildings with four or more apartments are entitled to specific notice periods and compensation when a property owner removes units from the rental market.
AB 1482: Tenants in units not covered by the TPO but subject to AB 1482 are entitled to just-cause eviction protections after residing in the unit for at least 12 months, with similar at-fault and no-fault categories and relocation assistance for certain no-fault terminations.
Rent Registry: San Jose maintains a mandatory Rent Registry for all rent-stabilized apartments. Landlords of ARO-covered units are required to register their properties and provide information about current rents, tenancy changes, and rent increases. The registry allows the City to monitor compliance with the 5% cap and track allowable increases. Failure to register may affect a landlord's ability to impose rent increases.
San Jose Housing Department — Rent Stabilization Program: The program administers the ARO, TPO, Ellis Act Ordinance, and Mobilehome Rent Ordinance. Tenants and landlords may file petitions with the program for the following:
Petitions can be filed online or in person at the San Jose Housing Department. Staff are available to assist both tenants and landlords in understanding their rights and responsibilities.
Anti-harassment: The TPO includes provisions prohibiting landlord harassment of tenants. Prohibited conduct includes threatening tenants, interrupting services, refusing to perform repairs in retaliation, and attempting to coerce a tenant into vacating through unlawful means. Tenants who experience harassment may file a complaint with the Housing Department or pursue civil remedies.
Ellis Act Ordinance: Any property owner seeking to withdraw four or more rental units from the rental market must comply with the Ellis Act Ordinance, which requires formal notice to tenants and the City, payment of relocation assistance, and a waiting period before the property can be re-rented or redeveloped.
Use RentCheckMe's address checker to determine whether your San Jose unit is likely covered by the Apartment Rent Ordinance, the Tenant Protection Ordinance, or AB 1482 based on your property address and building type.
The San Jose Housing Department — Rent Stabilization Program is the primary local resource for ARO questions, rent registry lookups, and petition filing. Contact them at sjhousing.org/rent-stabilization or by phone at (408) 975-4480.
This page is provided for informational purposes only and does not constitute legal advice. San Jose's Apartment Rent Ordinance, Tenant Protection Ordinance, and related local laws are subject to amendment; always verify current rules with the San Jose Housing Department — Rent Stabilization Program or a licensed attorney. If you are facing eviction or a rent dispute, contact Bay Area Legal Aid or another qualified housing attorney as soon as possible.
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