San Jose Mun. Code Chapter 17.23 § 17.23.1151

A. If the owner is withdrawing a building containing a covered unit as defined in Subsection G of Section 17.23.1130 then the owner, at its sole discretion, may offer to relocate the tenant household to another rent stabilized unit owned by the owner ("alternate rent stabilized unit") prior to delivering the first relocation assistance payment into escrow, so long as the alternate rent stabilized unit was voluntarily vacated in accordance with the apartment rent ordinance. The terms of the rental agreement for the alternate rent stabilized unit must be substantially similar to a continuance of the tenancy of the initial rent stabilized unit in accordance with California Civil Code Section 1945, including but not limited to the same monthly rent as would be due for the initial rent stabilized unit.
B. The alternate rent stabilized unit offered in accordance with this section may be accepted by the tenant household at the tenant household's sole discretion. All tenants on the existing rental agreement must agree in writing to the rental of the specific alternate rent stabilized unit for the acceptance to be effective. If the written agreement is obtained prior to the tenant household's inspection of the alternate rent stabilized unit, it must be contingent on the tenant household's inspection of the alternate rent stabilized unit.
C. If the offer of the alternate rent stabilized unit is not accepted or if it is revoked after inspection of the alternate rent stabilized unit, the tenant household shall be entitled to receive all additional relocation assistance to which the tenant household is entitled pursuant this part.
D. The offer by an owner and acceptance by a tenant household pursuant to the terms herein to create a new tenancy in an alternate rent stabilized unit under substantially similar terms as the tenancy in the initial rent stabilized unit is an express waiver by the owner of any right to vacancy decontrol of the alternate rent stabilized unit as may be conferred by state or local law and an express waiver by the tenant household to any additional relocation assistance payments under Subsection C of Section 17.23.1150 beyond the special assistance payment. An offer by an owner to relocate a tenant household to an alternate rent stabilized unit and provide special assistance shall only fulfill the owner's duty to provide relocation assistance under Subsection C of Section 17.23.1150 if the tenant household accepts the offer and executes a new rental agreement with terms substantially similar to the terms of tenancy for the initial rent stabilized unit.
E. If the tenant household accepts the offer and executes a new rental agreement with the owner in accordance with this section and the owner provides the special assistance, then the owner shall have no further relocation assistance obligation regarding the initial rent stabilized unit under Subsection C of Section 17.23.1150 .