San Jose Mun. Code Chapter 17.23 § 17.23.1120

Definitions (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseEllis Act & Market Withdrawal

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.1120
In addition to the definitions provided in Title 17 , Chapter 23, Part 2, for purposes of this Part 11 the following terms are defined as follows: A.
"Base assistance" means that portion of the relocation assistance provided to all tenant households to mitigate any adverse impact on persons displaced from a covered unit due to the withdrawal of a building containing the covered unit from the residential rental market.
B. "Catastrophically ill" means having a severe illness requiring prolonged hospitalization or recovery as certified by a physician.
C. "Covered unit" means all of the following:
1. Rent stabilized units, as defined in Subsection G of Section 17.23.1130 .
2. All residential rental dwelling units in a building that contains a residential rental dwelling unit that would be a rent stabilized unit but is temporarily exempt under Subsection C of Section 17.23.150 because the unit is owned or operated by any government agency or the rents for the unit are subsidized by any government agency.
D. "Director" means the director of the department of housing or the director's designee.
E. "Notice of intent to withdraw" means a city approved form giving notice of an owner's intent to withdraw a building containing at least one covered unit from the residential rental market in accordance with California Government Code Sections 7060 - 7060.7, as amended.
F. "Owner" means the fee owner of property that includes a building that contains at least one covered unit, and includes any successor in interest.
G. "Qualified assistance" means that portion of the relocation assistance provided to mitigate the adverse impact on tenant households that are low income, or contain minor children, elderly persons, terminally or catastrophically ill persons and/or disabled persons displaced due to the withdrawal of a building containing the covered unit from the residential rental market.
H. "Relocation assistance" means the total payments of financial assistance from an owner to a qualified tenant household in accordance with Section 17.23.1150 .
I. "Rent stabilized units" means the units subject to the city's apartment rent ordinance provided in Title 17 , Chapter 23, which includes rooms or accommodations occupied for thirty days or more in a guesthouse and units in any multiple dwelling building for which a certificate of occupancy was received on or prior to September 7, 1979, as those terms are defined in Sections 20.200.340 , 20.200.470 , and 20.200.480 of the San José Municipal Code.
J. "Right to return" means the obligation of the owner(s) of a building containing a covered unit to honor a request by certain tenants to receive an offer to return to and rent a covered unit when an owner returns the covered unit to the residential rental market, or, if the covered unit has been demolished, the right to rent a replacement covered unit, under certain circumstances and terms described in Section 17.23.1170 . The right to return shall serve as a right of first refusal which must be complied with and specifically described in the memorandum required under Section 17.23.1145 .
K. "Tenant" means a residential tenant, subtenant, lessee, sublessee, occupant, or any other person entitled by written or oral lease, or by sufferance, to use or occupy a covered unit.
L. "Tenant household" means one or more tenant(s) who occupy any individual covered unit, including each dependent of any tenant whose primary residence is the covered unit.
M. "Terminally ill" means certified by a physician as having a terminal illness.
Source: Legislative text reproduced verbatim
Plain English

Section 17.23.1120 of the San Jose Municipal Code establishes the working vocabulary for the Ellis Act withdrawal and relocation assistance rules in Part 11. It defines key terms such as 'covered unit,' 'relocation assistance,' 'base assistance,' 'qualified assistance,' and 'right to return,' which together determine who is protected, what financial obligations arise, and what procedural steps apply when a landlord removes rental housing from the market. Notably, 'covered unit' extends beyond standard rent-stabilized units to include units temporarily exempt due to government ownership or subsidy, and 'tenant household' encompasses dependents whose primary residence is the affected unit. These definitions set the boundaries for all rights and obligations described elsewhere in Part 11.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to San Jose Municipal Code Chapter 17.23, Part 11 should be familiar with the definitions in Section 17.23.1120, as they determine which units and tenants trigger relocation assistance and right-to-return obligations. A compliant operator generally identifies whether their units qualify as 'covered units' under the rent-stabilized or government-subsidy-exempt categories before initiating any withdrawal process, and verifies whether any tenant household members qualify for 'qualified assistance' due to low income, age, disability, or serious illness. Operators also typically ensure that any 'notice of intent to withdraw' uses the city-approved form referenced in the definition and that successor owners are aware they inherit the same obligations, since 'owner' expressly includes successors in interest.

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

For Tenants

Section 17.23.1120 defines the terms that determine whether you and your household are protected under San Jose's Ellis Act relocation rules in Part 11, including what counts as a 'covered unit' and who qualifies as part of a 'tenant household.' Tenants whose households include minor children, elderly members, disabled individuals, or persons who are terminally or catastrophically ill as defined in this section may be entitled to additional 'qualified assistance' beyond the base relocation payment. Tenants who believe their unit qualifies as a covered unit or that their household meets a protected category can review these definitions, contact the San Jose Department of Housing, or reach out to a local tenant-rights organization to better understand how Part 11 protections may apply to their 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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 8.22.400
Statement of purpose
§ 8.22.410
Definitions
§ 8.22.420
Application of this Article III

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