San Jose Mun. Code Chapter 17.23 § 17.23.500
Penalties (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Penalty for Violations of this Chapter. In addition to all other remedies provided by law, including those set forth in Chapter 1.08 of Title 1 of the San José Municipal Code, and as part of any civil action brought by the City, a court may assess a civil penalty in an amount up to the greater of two thousand five hundred dollars ($2,500) per violation per day, or ten thousand dollars ($10,000) per violation, payable to the City, against any person who commits, continues, operates, allows, suffers, or maintains any violation of a provision of this Chapter 17.23, subject to California Civil Code Section 1947.7, as amended. B. Attorney Fees. The prevailing party in any civil action brought pursuant to this Chapter 17.23 shall be entitled to the reasonable costs of bringing such civil action, including court costs and attorney fees.
San Jose Municipal Code § 17.23.500 establishes that courts may impose civil penalties of up to $2,500 per violation per day or $10,000 per violation—whichever is greater—against any party found to have committed or allowed a violation of Chapter 17.23, with amounts payable to the City. The provision also entitles the prevailing party in any civil action under this chapter to recover reasonable attorney fees and court costs, meaning either side could seek fee recovery depending on the outcome.
Plain English — not legal advice.
Under § 17.23.500, property owners and managers who allow or maintain violations of Chapter 17.23 face potential civil penalties that can accumulate daily, making prompt correction of any identified noncompliance a standard practice among compliant operators. Operators generally document corrective actions and maintain records that demonstrate ongoing adherence to Chapter 17.23's requirements, in part because the attorney-fees provision means litigation costs can run in both directions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.500 provides that the City may pursue civil penalties against landlords who violate Chapter 17.23, and that a prevailing party—which can include a tenant in a civil action brought under this chapter—may recover attorney fees and court costs. Tenants who believe their landlord has violated Chapter 17.23 can explore options such as filing a complaint with San Jose's Housing Department, raising the violation as a defense or claim in a civil proceeding, or contacting a local tenant-rights organization to understand available remedies.
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.