San Jose Mun. Code Chapter 17.23 § 17.23.1145
Recording of memorandum (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
The owner shall record a memorandum on a city approved form in the official records of Santa Clara County encumbering the property where the covered unit is located upon the earlier of: ten days of delivery to the city of the notice of intent to withdraw, or at least one day prior to sale or transfer of any property on which a building containing a covered unit to be withdrawn from the residential rental market is located. The memorandum must be executed by the fee owners of the property. The memorandum shall summarize the obligations of the owner and any successor in interest to the owner related to the property including the tenant right to return and the re-control requirement under this Part 11 and the city's apartment rent ordinance for certain units returned to the residential rental market in accordance with Section 17.23.1180 . The summary memorandum must encumber the property for ten years from the effective date of withdrawal of the building containing the covered unit from the residential rental market. The owner shall deliver to the director a conformed copy of the recorded memorandum within sixty days of delivery to the city of the notice of intent to withdraw.
Under San Jose Municipal Code § 17.23.1145, when an owner intends to withdraw a covered rental unit from the residential market, a memorandum must be recorded in Santa Clara County's official records against the property. This memorandum, executed on a city-approved form by the fee owners, must summarize key obligations tied to the property—including tenants' right to return and re-control requirements—and it remains attached to the property for ten years from the effective withdrawal date. The recording must happen within a strict window: no later than ten days after the notice of intent to withdraw is delivered to the city, or at least one day before any sale or transfer of the property, whichever comes first. A conformed copy of the recorded memorandum must also be delivered to the city director within sixty days of submitting the notice of intent to withdraw.
Plain English — not legal advice.
Owners navigating a withdrawal under § 17.23.1145 generally ensure the memorandum is prepared on the city-approved form and signed by all fee owners well in advance of any anticipated sale or transfer, since the recording deadline can be triggered by either the notice of intent or a pending transaction—whichever occurs earlier. Compliant operators track the sixty-day window for delivering a conformed copy of the recorded memorandum to the city director and maintain documentation confirming timely delivery. Because the memorandum encumbers the property for ten years and binds successors in interest, owners typically disclose its existence and contents to prospective buyers as part of the transaction process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San Jose Municipal Code § 17.23.1145 creates a publicly recorded notice on the property that preserves key protections for tenants of covered units, including the right to return and re-control requirements, for ten years from the date of withdrawal. If a property is sold or transferred, the memorandum is designed to put the new owner on notice of these obligations, which may be relevant if a tenant seeks to exercise a right to return under this Part 11. Tenants who believe a memorandum was not properly recorded or that successor owners are not honoring the obligations it summarizes may consider contacting San Jose's housing department, consulting a tenant-rights organization, or exploring whether the violation can be raised in a relevant legal 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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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