San Jose Mun. Code Chapter 17.23 § 17.23.166
Rent (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
"Rent" means the consideration, including any funds, labor, bonus, benefit, or gratuity, demanded or received by a Landlord for or in connection with the use or occupancy of a Rental Unit, including Housing Services, or for the assignment of a lease or rental agreement for a Rental Unit, including subletting.
Under San José Municipal Code § 17.23.166, the term 'rent' is defined broadly to cover not just regular monthly payments but virtually any form of value a landlord receives in connection with a tenant's use of a rental unit. This includes money, labor, bonuses, benefits, or gratuities, as well as charges tied to housing services or the assignment and subletting of a lease. The definition ensures that landlords cannot sidestep rent regulations simply by collecting non-cash or indirect forms of compensation instead of traditional monetary rent.
Plain English — not legal advice.
Property owners and managers operating under San José Municipal Code § 17.23.166 should be aware that the rent stabilization framework applies to the full range of consideration collected from tenants, not just base monthly payments. Compliant operators generally avoid collecting extra fees, labor, or other benefits from tenants in ways that could be characterized as additional rent outside the regulated structure. Keeping clear records of all forms of compensation received in connection with a unit's occupancy helps demonstrate adherence to the ordinance's broad definition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San José Municipal Code § 17.23.166 gives tenants a broad definition of rent to work with, meaning that if a landlord demands labor, bonuses, or other non-cash benefits in connection with occupancy, those demands may fall within the ordinance's protections just as a standard rent increase would. Tenants who believe a landlord is collecting value beyond what is permitted under the rent regulations can raise this definition as relevant context when filing a complaint with the San José Housing Department or consulting a local tenant-rights organization. Understanding this definition can also be relevant as a defense in proceedings where the nature of payments made to a landlord is at issue.
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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