San Jose Mun. Code Chapter 17.23 § 17.23.1220
Definitions (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
Subject to any exceptions, additions, and clarifications included in regulations that may be adopted by the City Manager for administration of this Part, the below listed terms are defined as follows: A. "Apartment Rent Ordinance" means Parts 1 - 10 of Chapter 17.23 of Title 17 of the San José Municipal Code. B. "Director" means the Director of the Housing Department or the Director's designee. C. "Ellis Act Ordinance" means Part 11 of Chapter 17.23 of Title 17 of the San José Municipal Code. D. "Just Cause Protections" means those protections afforded to a Tenant Household under Section 17.23.1240 . E. "Just Cause Termination" shall have the meaning provided in Section 17.23.1250 . F. "Guesthouse" shall have the meaning provided in Sections 20.200.470 and 20.200.480 . G. "Guest Room" shall have the meaning provided in Section 20.200.460 . H. "Habitual" shall have the meaning provided in regulations adopted by the City Manager for administration of this Part. I. "Hotel or Motel" shall have the meaning provided in Section 20.200.540 . J. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any Rental Unit, and the agent, representative, or successor of any of the foregoing. K. "Multiple Dwelling" means "Dwelling, Multiple" as defined in Section 20.200.340 . L. "Notice of Termination" shall have the meaning provided in Section 17.23.1260 . M. "Owner" means a fee owner of the property where the Rental Unit is located who holds at least a fifty (50) percent interest in the property. N. "Rent Stabilized Units" means Rental Units that are subject to rent stabilization under the City's Apartment Rent Ordinance, which includes rooms or accommodations occupied for thirty (30) days or more in a Guesthouse and units in any Multiple Dwelling building for which a certificate of occupancy was received on or prior to September 7, 1979, as those terms are defined in Sections 20.200.340 , 20.200.470 , and 20.200.480 of the San José Municipal Code. O. "Rental Unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, and which household pays Rent for the use and occupancy for periods in excess of seven days whether or not the residential use is a conforming use permitted under the San José Municipal Code. For purposes of this Part, Rental Unit includes Guest Rooms in any Guesthouse and, subject to any requirements in the Regulations, does not include Rental Units owned or operated by any government agency, or any individual Rental Unit for which the Rent is limited to no more than affordable rent, as such term is defined in California Health & Safety Code Section 50053, for lower income households pursuant to legally binding restrictions recorded for the benefit of a government agency. P. "Security Deposit" means shall mean funds deposited with the Landlord for the purposes described in California Civil Code Section 1950.5, as amended. Q. "Tenant" means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to the use or occupancy of a Rental Unit. R. "Tenant Household" means one or more Tenant(s) who occupy any individual Rental Unit, including each dependent of any Tenant whose primary residence is the Rental Unit. S. "Unpermitted Unit" means a structure or parts of a structure that are being rented as a home, residence, or sleeping place, where the use as a home, residence, or sleeping place is not authorized, permitted, or otherwise approved by the City.
Section 17.23.1220 of the San Jose Municipal Code establishes the core vocabulary used throughout the city's tenant-protection rules, covering terms like 'Landlord,' 'Tenant,' 'Rental Unit,' and 'Rent Stabilized Units.' Some definitions cross-reference other sections of the Municipal Code or state law, while others may be further refined by regulations the City Manager adopts for administration of this Part.
Plain English — not legal advice.
Under § 17.23.1220, the definitions of 'Landlord,' 'Owner,' and 'Rental Unit' determine which properties and parties fall within the scope of San Jose's just-cause and rent-stabilization rules. Operators who manage guesthouses, multiple dwellings, or units with certificates of occupancy issued on or before September 7, 1979, generally review these definitions carefully to understand whether their properties qualify as Rent Stabilized Units.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.1220 defines who counts as a 'Tenant' and what constitutes a 'Tenant Household,' which are the threshold terms that determine eligibility for Just Cause Protections under this Part. Tenants who are uncertain whether their unit qualifies as a 'Rental Unit' or 'Rent Stabilized Unit' under these definitions may consult San Jose's Housing Department or 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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