San Jose Mun. Code Chapter 17.23 § 17.23.1210

Policy and purposes declaration (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseRetaliation Protections

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.1210
The purposes of this Part are to promote stability and fairness within the residential rental market in the City, thereby serving the public peace, health, safety, and public welfare. This Part is intended to enable tenants in the City to petition for regarding their grievances, request correction of code violations and necessary repairs, and exercise all of their rights under local, state, and federal laws without fear of retaliation. This Part regulates landlord and tenant relations by promoting fair dealings between landlords and tenants in recognition of the importance of residential housing and the landlord-tenant relationship as components of a healthy, safe, and vibrant city. The rights and obligations created by this Part for landlords and tenants are created pursuant to the City's general police powers to protect the health, safety, and welfare of its residents and are in addition to any rights and obligations under state and federal law.
Source: Legislative text reproduced verbatim
Plain English

San Jose Municipal Code Chapter 17.23 § 17.23.1210 establishes the overarching goals of the city's rental housing regulations: fostering stability and fairness in the residential rental market while protecting public peace, health, safety, and welfare. The provision affirms that tenants have the right to raise grievances, request repairs, and exercise their legal rights without fear of retaliation. It frames the landlord-tenant relationship as a matter of public concern, with the rights and duties created under this chapter supplementing—not replacing—those that already exist under state and federal law.

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

Plain English — not legal advice.

For Property Managers

San Jose Mun. Code Chapter 17.23 § 17.23.1210 signals that the city views fair dealing between landlords and tenants as a matter of public welfare, meaning operators who comply with this chapter are generally expected to respond to repair requests and grievances without taking retaliatory action. Compliant property managers typically maintain familiarity with the full scope of obligations this chapter creates, understanding that those obligations layer on top of existing state and federal requirements.

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

For Tenants

Under San Jose Mun. Code Chapter 17.23 § 17.23.1210, tenants are expressly recognized as having the right to petition about grievances, request code-violation corrections and repairs, and exercise rights under local, state, and federal law free from retaliation. Tenants who believe a landlord has acted in violation of this foundational policy may explore options such as filing a complaint with San Jose's housing department, raising the violation as a defense in a legal proceeding, or contacting a local tenant-rights organization for general guidance.

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

§ 18
Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption

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