San Jose Mun. Code Chapter 17.23 § 17.23.167
Rent stabilized unit (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. "Rent Stabilized Unit" means a Rental Unit in any Guesthouse or in any Multiple Dwelling building for which a certificate of occupancy was issued on or prior to September 7, 1979 or that was offered or available for rent on or before this date. B. The following shall not be considered Rent Stabilized Units: 1. Rooms or accommodations in hotels, motels, or Guesthouses which are legally rented to transient guests for a period of less than thirty (30) days consistent with the Municipal Code, except those rooms or accommodations subject to Part 2.5 of Chapter 20.80 ; 2. Housing accommodations in any hospital, convent, monastery, extended care facility, emergency residential shelter, residential care facility, residential service facility, nonprofit home for Senior Citizens (as defined in the Unruh Act, as may be amended), fraternity house or sorority house, or in dormitories owned and operated by an institution of higher education, a high school or elementary school; 3. Affordable Rental Units; and 4. Rental Units in a building containing only one (1) or two (2) dwelling units.
San Jose Municipal Code § 17.23.167 defines which rental units qualify as 'Rent Stabilized Units' subject to the city's rent stabilization program. Generally, a unit qualifies if it is in a guesthouse or multi-unit building that received its certificate of occupancy on or before September 7, 1979, or was available for rent by that date. However, the provision carves out several categories that are never covered, including short-term hotel and motel rooms, certain institutional housing (such as hospitals, dormitories, and nonprofit senior homes), officially designated affordable rental units, and units in buildings with only one or two dwelling units.
Plain English — not legal advice.
Property owners and managers operating under San Jose Mun. Code § 17.23.167 generally verify whether each of their rental units meets the occupancy-date threshold and falls outside one of the enumerated exemptions before determining how rent stabilization obligations apply to their portfolio. Operators of small buildings with only one or two dwelling units, or those holding affordable housing designations, typically document that status to support an exemption claim. Owners of older multi-unit properties built or rented before September 7, 1979, commonly treat those units as presumptively covered unless a specific exemption clearly applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under San Jose Mun. Code § 17.23.167, tenants living in multi-unit buildings or guesthouses that were available for rent on or before September 7, 1979, may have rent stabilization protections unless their unit falls into one of the listed exempt categories, such as small two-unit buildings or institutional housing. Tenants who believe their unit qualifies as rent stabilized can look into filing a complaint with the San Jose Rent Stabilization Program or raising the unit's covered status as a defense in a rent-increase or eviction proceeding. Tenant-rights organizations in San Jose can help residents understand whether their specific building type and history place it within or outside the scope of this provision.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.