San Jose Mun. Code Chapter 17.23 § 17.23.137
Initial rental rate (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
"Initial Rental Rate" means the actual amount paid by the Tenant for the use and occupancy of the Rent Stabilized Unit at the commencement of the tenancy, or in the case of a Rental Voucher Unit, the sum of the rent paid by the Tenant and government agency.
San Jose Municipal Code Chapter 17.23 § 17.23.137 establishes what counts as the 'Initial Rental Rate' under the city's rent stabilization program. For most rent-stabilized units, it is the actual dollar amount a tenant pays at the start of a tenancy. For units where a government rental voucher is involved, the initial rate is the combined total of what both the tenant and the government agency pay, not just the tenant's share.
Plain English — not legal advice.
Under § 17.23.137, operators of rent-stabilized units should document the full rent amount collected at the start of each tenancy, since that figure serves as the baseline from which future allowable increases are calculated. For Rental Voucher Units, the Initial Rental Rate under this provision includes both the tenant's portion and the government agency's portion, so compliant recordkeeping generally reflects the total contract rent, not just the tenant-paid share. Maintaining clear move-in documentation helps establish this baseline accurately for any future rent adjustment calculations under Chapter 17.23.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.137 of the San Jose Municipal Code defines the starting point for your rent under the stabilization program, which matters because allowable rent increases are typically measured from that baseline figure. If your unit is covered by a housing voucher, the Initial Rental Rate includes both what you pay and what the government agency contributes, meaning the full contract rent is the relevant starting figure. Tenants who believe their baseline has been recorded incorrectly may raise this as an issue with the San Jose Housing Department or consult a local tenant-rights organization familiar with Chapter 17.23.
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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