San Jose Mun. Code Chapter 17.23 § 17.23.1110

A. Owners of residential rental property are entitled to certain rights under California Government Code Sections 7060 - 7060.7, as amended (the "Ellis Act"). The purposes of this Part 11 are to: (1) set forth the city's requirements for withdrawal of a building containing covered residential rental units from the residential rental market in accordance with the Ellis Act; and (2) mitigate any adverse impact on persons displaced by that withdrawal through the provision of relocation assistance. This Part 11 complements existing state regulation of the landlord-tenant relationship and is intended to provide tenants with the maximum protections under the Ellis Act and to support the city's apartment rent ordinance. This Part 11 does not supersede any state law, or grant or deny any entitlement to the use of real property. The rights and obligations created by this Part 11 for owners of residential rental property and tenants are created pursuant to the city's general police powers to protect the health, welfare, and safety of its residents and are in addition to any rights and obligations under state and federal law and are being adopted pursuant to the provisions of the Ellis Act.
B. The Ellis Act broadly regulates how property owners may remove any tenants from residential rental units in order for the property owner to withdraw all units in a building from the residential rental market. The sequence of events to remove a tenant, withdraw a building, and subsequent regulation of the property is summarized in the table below. The table below is provided for information purposes. The provisions of the Ellis Act and this part shall govern.
Summary of State and Local Ellis Act Removal Provisions # Timeline Activity or Event Citations 1 Notice of intent to withdraw ("withdrawal notice") is provided to tenants (if any) base assistance payment is deposited into escrow; fee is paid to city. Gov. §7060.5 SJMC §17.23.1140 SJMC §17.23.1150 2 Within 10 days of delivery of notice to tenants A copy of the withdrawal notice is delivered to the director. Gov. §7060.4 SJMC §17.23.1140 3 Within 10 days of delivery of notice to city Owner must record summary memorandum encumbering the property for 10 years within 10 days and before sale or transfer to another party. Gov. §7060.3 - .4 SJMC §17.23.1145 4 Within 60 days of delivery of notice to city Owner deliver a conformed copy of the recorded summary memorandum to city. SJMC §17.23.1145 5 120 days from delivery of notice to the city Earliest* effective date of withdrawal of a building from the residential rental market ("withdrawal"); or Earliest date to provide tenant 3-day notice to quit. Gov. §7060.4 SJMC §17.23.1160 6 1 year from delivery of notice to the city Earliest effective date of withdrawal if tenant household includes an elderly or disabled person. Gov. §7060.4 SJMC §17.23.1160 7 Within 2 years of withdrawal Owner must notify city and former tenants of intent to return unit to residential rental market; and Tenant displaced by withdrawal has right to return to the unit under the original lease terms.** Gov. §7060.2 SJMC §17.23.1170 8 Within 5 years of withdrawal Owner must notify city of intent to return unit to residential rental market; Tenant displaced by withdrawal has right to return to the unit; Covered unit returned to market after withdrawal remains subject to city apartment rent ordinance; and Any newly constructed unit on site of covered unit that is placed in residential rental market is subject to apartment rent ordinance. Gov. §7060.2 SJMC §17.23.1170 9 Within 10 years of withdrawal Owner must notify city of intent to return unit to residential rental market; and Tenant displaced by withdrawal of unit has right to return to the unit. Gov. §7060.2 SJMC §17.23.1170 *Earliest effective withdrawal date for certain tenant households with minors in school may be extended to 60 days after the conclusion of the school year. (SJMC §17.23.1160.) **The right to return to a unit under the original lease terms applies to all tenancies created after December 31, 2002; different rules apply for tenancies commenced prior to that date. (Gov. §7060.2(e).)