San Jose Mun. Code Chapter 17.23 § 17.23.168
Rental unit (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
"Rental Unit" means a structure or part of a structure (including but not limited to a Guest Room in a Guesthouse) offered or available for rent as a home, residence, or sleeping place, whether or not the residential use is a conforming use permitted under the San José Municipal Code, together with the land and appurtenant buildings thereto, and all Housing Services, privileges, and facilities supplied in connection with the use or occupancy thereof. A Rental Unit shall not include a Mobilehome or Mobilehome Lot as defined in Section 17.22.160 and 17.22.170 .
Under San Jose Mun. Code § 17.23.168, a 'Rental Unit' is broadly defined to cover any structure or portion of a structure—including guest rooms in guesthouses—offered for rent as a home, residence, or sleeping place, along with the land, associated buildings, and all housing services and facilities connected to its use. The definition applies regardless of whether the residential use conforms to San José zoning rules, but it explicitly excludes mobilehomes and mobilehome lots, which are governed by separate provisions.
Plain English — not legal advice.
Property owners and managers operating under San Jose Mun. Code § 17.23.168 should recognize that the 'Rental Unit' definition is intentionally broad, capturing not just traditional apartments but also guest rooms in guesthouses and non-conforming residential uses, along with all associated housing services and facilities. Compliant operators generally account for this wide scope when determining which of their properties fall under Chapter 17.23's rent regulations, while noting that mobilehomes and mobilehome lots are separately addressed and excluded from this definition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San Jose Mun. Code § 17.23.168 establishes a broad definition of 'Rental Unit' that may extend Chapter 17.23 protections to a wide range of living arrangements, including guest rooms in guesthouses and units that do not conform to local zoning rules. Tenants who are uncertain whether their housing qualifies as a 'Rental Unit' under this provision—and therefore whether they are covered by the chapter's rent regulations—may find it helpful to consult a tenant-rights organization or review the San José Rent Program's resources for guidance on raising coverage as an issue in a dispute.
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 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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