San Jose Mun. Code Chapter 17.23 § 17.23.1175
Owner's reporting obligations (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Owner shall submit a monthly report to director during period that commences with the city's receipt of the notice of intent to withdraw and ends with the final termination of tenancy for all covered units and completion of withdrawal under this part. The report shall be on a city form and shall include information relating to the occupancy of units, any thirty-day notices received, request for right to return, and any leasing activity with asking rents. B. At least one hundred twenty days before the rental or leasing of any unit in a building being returned to the rental market, owner shall submit a report to director regarding compliance with Section 17.23.1170 and Section 17.23.1180 and status of tenant notification of right to return, and list of tenants not found/contacted.
San Jose Municipal Code Chapter 17.23 § 17.23.1175 establishes two distinct reporting duties for owners who withdraw rental units from the market under the Ellis Act process. First, once the city receives a notice of intent to withdraw, the owner must submit monthly reports to the director on a city-provided form covering unit occupancy, any 30-day notices received, right-to-return requests, and asking rents for any leasing activity—continuing until all tenancies are fully terminated and withdrawal is complete. Second, if the owner later decides to return any unit to the rental market, a separate compliance report must be filed with the director at least 120 days before that re-rental, addressing compliance with related code sections, the status of tenant notifications about the right to return, and a list of tenants who could not be located or contacted.
Plain English — not legal advice.
Operators navigating a withdrawal under San Jose Municipal Code Chapter 17.23 § 17.23.1175 generally maintain a consistent monthly reporting cadence using the city's official form from the moment the city receives the notice of intent to withdraw through the completion of the withdrawal process. Compliant operators track and report unit occupancy changes, any 30-day notices received from tenants, right-to-return requests, and any leasing activity with associated asking rents. When a building is being returned to the rental market, operators typically submit the required compliance and tenant-notification status report to the director well in advance of the 120-day deadline to allow time to address any gaps in tenant contact records.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under San Jose Municipal Code Chapter 17.23 § 17.23.1175, tenants in units subject to an Ellis Act withdrawal have the benefit of an owner reporting obligation that runs throughout the withdrawal period, which includes tracking right-to-return requests. If an owner later attempts to re-rent a unit, the provision requires a report documenting whether tenants were notified of their right to return and identifying those who were not found or contacted, which may be relevant to enforcing right-to-return protections under related code sections. Tenants who believe these reporting obligations have not been met can look into filing a complaint with the San Jose Housing Department or reaching out to a local tenant-rights organization for information about available remedies.
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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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