San Jose Mun. Code Chapter 17.23 § 17.23.120
Capital improvements (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
"Capital Improvements" means building, unit or property additions or modifications that replace or enhance an existing physical feature of a Rent Stabilized Unit or of a building containing a Rent Stabilized Unit or that provides new Housing Services to the Tenants as compared to the level of services as previously provided.
Under San José Municipal Code Chapter 17.23 § 17.23.120, the term 'Capital Improvements' has a specific legal meaning within the city's rent stabilization framework. It covers physical additions or modifications to a rent-stabilized unit, its building, or the property that either replace or upgrade an existing feature, or introduce housing services that tenants did not previously receive. This definition matters because capital improvements can serve as the basis for certain rent adjustment proceedings under the broader ordinance.
Plain English — not legal advice.
Section 17.23.120 establishes the threshold a project must meet to qualify as a capital improvement under San José's rent stabilization rules. Compliant operators generally document whether a proposed project replaces or enhances an existing physical feature of a rent-stabilized unit or building, or whether it introduces a genuinely new housing service compared to what was previously offered. Keeping clear records of the pre-improvement condition and the scope of work helps demonstrate that a project meets the definition when pursuing any related rent adjustment process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.120 defines what counts as a 'Capital Improvement' under San José's rent stabilization ordinance, which is relevant because landlords may seek rent increases tied to qualifying improvements. Tenants have the right to understand whether a claimed improvement actually meets this definition — for example, whether it truly replaces or enhances an existing feature or provides a new housing service rather than constituting ordinary maintenance. Tenants who have questions about a capital improvement petition can contact the San José Housing Department or a local tenant-rights organization to learn about available review and challenge processes.
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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