San Jose Mun. Code Chapter 17.23 § 17.23.350
Petition process (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Tenant Petitions. There is hereby established a Tenant Petition process, which process and procedures shall be set forth in the Regulations. A member of a Tenant Household may submit a Petition to the Director on any one (1) or more of the following grounds: to allege a Rent increase in violation of the Ordinance; to request a reduction in Rent based on decreased Housing Services; to contest a fee or charge as an unauthorized or excessive pass through; to allege other violations of the Ordinance or Regulations; or other specific grounds that may be provided by the Regulations. B. Landlord Petitions. There is hereby established a Landlord Petition process, which process and procedures shall be set forth in the Regulations. A Landlord may submit a Petition to the Director on any one (1) or more of the following grounds: to request a Rent increase in excess of the Annual General Increase in order to obtain a fair return as described in Part 8; to request the ability to pass through a charge for Specified Capital Improvements; or other specific grounds that may be provided by the Regulations. C. Joint (Unopposed) Petitions. There is hereby established a Joint Petition process, which process and procedures shall be set forth in the Regulations. A Tenant may file a Petition to request approval of a one-time payment or Security Deposit increase pursuant to Section 17.23.320.C, if the Landlord has signed the Petition. Subject to the conditions in the Regulations, a Tenant may file a Petition for an increase in the Rent of up to five percent (5%) for an additional Tenant if additional occupants are prohibited in the written rental agreement or an increase in the Rent of up to fifty dollars ($50) for a second parking space if only one (1) parking space is reserved for the Tenant in a written rental agreement, provided that no increase in the Rent is allowed for a Tenant's dependent child, foster child, spouse, domestic partner, parent or minor in the Tenant's care, which terms may be further defined in the Regulations. D. Petitions Affecting Rental Voucher Units. A Tenant or Landlord filing a Petition that applies to a Rental Voucher Unit must indicate that on the Petition and provide a copy of the Petition to the government agency or nonprofit administering government agency's funds within the time period specified in the Regulations for notice to the other party. The government agency or nonprofit administering government agency's funds shall be entitled to participate in the Petition process, and to file a Petition or response within the time period specified in the Regulations.
San Jose Municipal Code § 17.23.350 establishes four formal petition pathways under the city's rent ordinance. Tenants may petition the Director to challenge unlawful rent increases, seek rent reductions for diminished housing services, contest unauthorized pass-through charges, or raise other ordinance violations. Landlords may petition for above-guideline rent increases to secure a fair return or to pass through costs for specified capital improvements. A joint petition process also exists for certain mutually agreed-upon adjustments, and special notice requirements apply whenever a petition involves a unit covered by a rental voucher program.
Plain English — not legal advice.
Under § 17.23.350, a compliant operator in San Jose understands that the Landlord Petition process is the proper channel for seeking rent increases above the Annual General Increase or approval of Specified Capital Improvement pass-throughs. Operators generally document their fair-return basis or capital improvement costs before submitting a petition to the Director, following the procedures detailed in the Regulations. When a petition involves a Rental Voucher Unit, operators also ensure that the relevant government agency or nonprofit receives a copy of the petition within the timeframe the Regulations specify.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.350 gives San Jose tenants a formal right to petition the Director on several grounds, including alleged unlawful rent increases, reductions in housing services, and unauthorized fees or charges. Tenants living in Rental Voucher Units should be aware that the administering agency is entitled to participate in the petition process and may file its own response. Tenants who believe their rights under the ordinance have been violated can explore filing a petition with the Director, consult the San Jose Housing Department's published Regulations for procedural details, or reach out to a local tenant-rights organization for general guidance.
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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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