San Jose Mun. Code Chapter 17.23 § 17.23.330
Petitions for pass through for specified capital improvements (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Purpose. The purpose of this Section is to provide an incentive for certain improvements by allowing Landlords to petition for a limited pass through to the Tenant of the amortized costs of the improvements listed in Appendix B to the Regulations ("Specified Capital Improvements") subject to the following conditions:
1. The charge must comply with the limitations in Section 17.23.320.B.
2. The Specified Capital Improvement must do one (1) of the following: provide new Housing Services or enhanced Housing Service functionality to the Tenants; increase the safety (including ADA accessibility), sustainability (water or energy conservation) or seismic readiness of the Rent Stabilized Unit (or of a building containing a Rent Stabilized Unit).
3. The Specified Capital Improvement must have been completed within twelve (12) months prior to the filing of the Petition and must meet the criteria in the Regulations.
B. Petition Required. A Landlord must petition for and receive an Administrative Decision authorizing a pass through for any costs to be charged to Tenants pursuant to this Section prior to passing through any charges.
C. No Pass Through for Improvements to Maintain Existing Housing Services. The following may not be passed through to the Tenant unless explicitly authorized by the Regulations: (1) the costs of a Specified Capital Improvement that replaces an existing physical feature of a Rent Stabilized Unit (or of a building containing a Rent Stabilized Unit) with a physical feature of similar kind and quality; or (2) the costs of a Specified Capital Improvement that maintains a similar level of functionality as a prior physical feature of a Rent Stabilized Unit (or of a building containing a Rent Stabilized Unit).San Jose Municipal Code § 17.23.330 creates a process by which landlords may seek approval to pass a portion of certain capital improvement costs on to tenants, but only for improvements that add new services, enhance existing functionality, or improve safety, accessibility, sustainability, or seismic readiness. The improvement must appear on the approved list in Appendix B of the Regulations and must have been completed within the twelve months before the petition is filed. Critically, costs tied to replacing or maintaining an existing feature at a similar level of quality or functionality cannot be passed through unless the Regulations explicitly say otherwise.
Plain English — not legal advice.
Under § 17.23.330, compliant operators obtain an Administrative Decision authorizing a pass-through before collecting any additional charges from tenants for a Specified Capital Improvement. Operators generally confirm that the improvement qualifies under Appendix B, genuinely adds new or enhanced housing services or improves safety, sustainability, or seismic readiness, and was completed within the twelve-month window before filing. Costs for like-for-like replacements or repairs that simply maintain existing functionality are not eligible for pass-through under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.330 requires a landlord to receive prior administrative approval before charging tenants for any capital improvement pass-through, meaning a charge collected without that approval may not be authorized. Tenants who believe a pass-through charge relates to a like-for-like replacement or a maintenance-level repair—rather than a genuine upgrade—may have grounds to contest it through the San Jose rent program. Tenant-rights organizations familiar with the San Jose Rent Stabilization Program can help residents understand how this provision applies generally.
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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