San Jose Mun. Code Chapter 17.23 § 17.23.1130

General (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 § 17.23.1130
A. Fees. The City shall establish fees for City-incurred costs which shall be paid by any Owner who exercises the privilege to withdraw Covered Units from rent or lease. The City shall set the fee so as to recover all costs of administering this Part. The fees shall be paid to the City prior to the service of the Notice of Intent to Withdraw on any Tenant. Failure to pay the fees prior to service of the Notice of Intent to Withdraw shall invalidate such notice.
B. Copies of Forms. Owner shall make copies of notices and forms available if a Tenant indicates the items have been misplaced or lost or are otherwise needed.
C. New Tenants During the Withdrawal Process. If the Owner desires to rent a Covered Unit to a new occupant after delivery of the Notice of Intent to Withdraw, the Owner shall comply with this subsection). Owner shall first comply with all requirements of this Part 11, including but not limited to the delivery of notices to the City and Tenants, and the provision of Relocation Assistance in accordance with Section 17.23.1150 with respect to the unit to be rented. Prior to such rental, Owner shall also provide a Notice of Pending Withdrawal on a City approved form to any new potential occupant of the Covered Unit for acknowledgement. If the Owner complies with this subsection, the new occupant shall not be entitled to Relocation Assistance or other benefits under this Part. If the Owner fails to comply, the new occupant of the Covered Unit shall be entitled to Relocation Assistance under this Part.
D. City Approved Forms. Director may adopt such forms as are necessary or convenient for the administration of this Part 11, subject to review and approval of the City Attorney.
E. Every Owner must provide to each Tenant of a Covered Unit a notice of Tenant rights to extend the tenancy on a form specified by the City, which may include contact information for the City and shall include the following statement:
"In accordance with the State's Ellis Act, the City of San José requires landlords to allow certain tenants to extend their tenancy beyond the minimum one hundred twenty (120) day notice period when a landlord intends to withdraw the dwelling unit from the residential rental market. The elderly, disabled, and households with a child enrolled in kindergarten through 12th grade may be eligible for extended tenancies if requested."
F. Withdrawal of less than an entire building is not allowed under this Part.
G. The City Manager may adopt regulations for the administration of this Part.
H. Non-Rent Stabilized Properties. Buildings with three (3) or more units that do not contain any Covered Units may be permanently withdrawn from the residential rental market. Such a permanent withdrawal of a building will be consistent with this Part if the Owner has completed all of the following as described this Part and the Regulations: (i) served Notices of Intent to Withdraw on the Tenants and the City, (ii) complied with the provisions of Section 17.23.1160 requiring 120 day notice for all Tenants and Extended Notice for certain Tenants prior to termination of tenancy, and (iii) paid the filing fee including the fee for Relocation Specialist Services described in Section 17.23.1150.E. Upon completion of these requirements for the entire building and expiration of the notice periods, the Owner will be considered to have met the relocation obligations of this Part for the purposes of evaluation for demolition permits under Section 20.200.460 and for the purposes of satisfying the requirements for relocation under the Tenant Protection Ordinance, Sections 17.23.1250.A.9 and 17.23.1250.B.2. These properties shall not be subject to the requirement to pay Base or Qualified Assistance, to provide the Tenant Qualification forms, to record a memorandum regarding re-control, or to provide a right of return.
Source: Legislative text reproduced verbatim
Plain English

San Jose Municipal Code § 17.23.1130 establishes several procedural requirements governing the withdrawal of covered rental units from the market under the Ellis Act. City-set fees must be paid before a Notice of Intent to Withdraw is served on any tenant, and failure to do so voids the notice. Owners who wish to re-rent a unit mid-process must first fulfill all withdrawal obligations and provide a city-approved disclosure form to any prospective new occupant. Partial building withdrawals are prohibited, and certain tenants—elderly, disabled, or those with school-age children—may qualify for extended notice periods beyond the standard 120 days.

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

Plain English — not legal advice.

For Property Managers

Under § 17.23.1130, compliant operators pay all required city fees before serving any Notice of Intent to Withdraw, since an unpaid fee invalidates the notice entirely. When re-renting a covered unit during the withdrawal process, operators deliver a Notice of Pending Withdrawal on a city-approved form to prospective occupants after first satisfying all relocation assistance obligations. Operators also provide each tenant a city-specified notice of rights to extend tenancy, which must include the statement identifying eligibility for extended tenancies for elderly, disabled, and qualifying households with school-age children.

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

For Tenants

Section 17.23.1130 gives tenants the right to receive a city-specified notice explaining their right to potentially extend their tenancy, and certain groups—elderly, disabled, or households with a child in K–12—may be eligible for a tenancy extension beyond the standard 120-day period. If an owner fails to pay the required city fees before serving a Notice of Intent to Withdraw, that notice is legally invalid under this provision. Tenants who believe procedural requirements were not followed may raise those violations with the San Jose Housing Department, consult a tenant-rights organization, or explore raising the issue as a defense in any related proceeding.

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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