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Rent Regulations

San Jose Mun. Code Chapter 17.23 § 17.23.110

Affordable rental unit (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseAffordable Housing Programs

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.110
"Affordable Rental Unit" means each Rental Unit that is owned or operated by any government agency, or any individual Rental Unit for which the Rent is limited to no more than affordable rent, as such term is defined in California Health & Safety Code Section 50053, for lower income households pursuant to legally binding restrictions recorded for the benefit of a government agency. However, if the ownership or operation, or the Rent limitation ceases, then the Rental Unit will no longer be considered an Affordable Rental Unit. The presence of one (1) or more Affordable Rental Units in a Multiple Dwelling shall not exempt any other Rental Unit in the same building that does not also meet the definition of Affordable Rental Unit.
Source: Legislative text reproduced verbatim
Plain English

Under San Jose Mun. Code § 17.23.110, an 'Affordable Rental Unit' is a unit either owned or operated by a government agency, or one whose rent is capped at the affordable-rent level defined by California Health & Safety Code § 50053 for lower-income households under a recorded legal restriction. This status is not permanent—if the government ownership, operation, or rent restriction ends, the unit loses its affordable designation. Importantly, having one or more affordable units in a multi-unit building does not extend that status to any other unit in the same building that doesn't independently qualify.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Operators of properties in San Jose should be aware that under § 17.23.110, each unit's affordable status is determined individually based on whether a qualifying government ownership interest or recorded rent restriction is actively in place. Compliant operators typically maintain documentation showing that any claimed affordable designation remains valid and monitor whether the conditions that created that status—such as a recorded regulatory agreement—are still in effect. The presence of a qualifying affordable unit elsewhere in the building does not shield other units from the full requirements that apply to non-affordable rental units.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 17.23.110 of the San Jose Municipal Code defines which units qualify as 'Affordable Rental Units,' a classification that can affect which local rent regulations apply to a given unit. Tenants who believe their unit may qualify—or may have lost its affordable designation—can review publicly recorded documents or contact the City of San Jose's housing department for information about their building. Tenant-rights organizations familiar with San Jose's rent regulations can also help tenants understand how this definition may relate to their housing situation.

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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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

Source:https://api.municode.com/CodesContent?jobId=493704&nodeId=TIT17BUCO_CH17.23REDIMEARDWUNEXMOMOPA&productId=14367
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