San Jose Mun. Code Chapter 17.23 § 17.23.020
Policy and purposes declaration (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
The purposes of the Apartment Rent Ordinance are to promote stability and fairness within the residential rental market in the City, thereby serving the public peace, health, safety, and public welfare. The Apartment Rent Ordinance recognizes the value of residential rental units as a critical resource amid the continuing shortage of and persistent demand for housing in the City of San José. In July 1979, the City enacted a rent control ordinance to alleviate some of the more immediate needs created by San José's housing situation: including but not limited to the prevention of excessive and unreasonable rent increases, the alleviation of undue hardship upon individual tenants, and the opportunity for landlords to earn a fair return. To further protect tenants from excessive and unreasonable rent increases, the Apartment Rent Ordinance generally limits annual rent increases, requires notices be provided to the City, regulates how much and what types of costs may be passed through to tenants, provides for monitoring of rents, and provides for an administrative review process for housing-related disputes. The rights and obligations created by the Apartment Rent Ordinance for landlords and tenants are created pursuant to the City's general police powers to protect the health, safety, and welfare of its residents and are in addition to any rights and obligations under state and federal law.
Section 17.23.020 of the San Jose Municipal Code sets out the foundational goals of the city's Apartment Rent Ordinance (ARO), which has been in place since 1979. The ordinance exists to stabilize the local rental market, prevent excessive rent increases, and balance the interests of both tenants and landlords — including a landlord's ability to earn a fair return. It establishes a framework that includes annual rent increase limits, notice requirements to the city, cost pass-through rules, rent monitoring, and an administrative dispute-resolution process. The rights and obligations it creates exist alongside, not instead of, any applicable state and federal protections.
Plain English — not legal advice.
Under § 17.23.020, the San Jose Apartment Rent Ordinance was designed in part to preserve landlords' opportunity to earn a fair return on their rental properties. Operators who comply with the ARO generally stay current with annual rent increase limits, submit required notices to the city, and understand which costs may lawfully be passed through to tenants. Familiarity with the ordinance's administrative review process — established under this same chapter — helps property owners navigate disputes within the framework the city has set up.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.020 reflects the city's explicit commitment to protecting tenants from excessive and unreasonable rent increases and alleviating undue hardship on individuals. Tenants covered by the San Jose Apartment Rent Ordinance have access to an administrative review process for housing-related disputes, which can serve as a formal channel for raising concerns about rent increases or improper cost pass-throughs. Tenant-rights organizations familiar with the ARO can help renters understand how these declared purposes translate into enforceable protections under the ordinance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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