San Jose Mun. Code Chapter 17.23 § 17.23.530
Excessive rents demanded or received; civil and criminal liability (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Misdemeanor. Any Landlord found to have received, imposed, or demanded prohibited pass through charges, other fees or charges or any Rent in excess of the Rent allowed under this Chapter 17.23 and its implementing Regulations shall be guilty of a misdemeanor, subject to the provisions of California Civil Code Section 1947.7, as amended. B. Civil Penalties. Any person found to have demanded, accepted, received or retained any payment of Rent in excess of the Rent allowed under this Chapter 17.23 and its implementing Regulations or pass through charges, other fees or charges that are not allowed under this Chapter 17.23 , shall be liable to the Tenant from whom such payment was demanded, accepted, or received for the amount that was impermissibly charged, plus damages as determined and not to exceed five hundred dollars ($500) or three (3) times the amount by which such payment exceeded the Rent allowed, whichever is greater. Remedies provided in this paragraph are in addition to any other legal remedies and are not intended to be exclusive.
San Jose Municipal Code § 17.23.530 establishes both criminal and civil consequences for landlords who charge rent or fees above what Chapter 17.23 permits. On the criminal side, overcharging can constitute a misdemeanor offense. On the civil side, a landlord found liable may owe the affected tenant the impermissible amount plus additional damages — calculated as either up to $500 or three times the excess charge, whichever is greater — and these civil remedies stack on top of any other legal claims available.
Plain English — not legal advice.
Operators covered by Chapter 17.23 generally ensure that every rent charge, pass-through, and fee stays within the limits set by the ordinance and its implementing regulations, since § 17.23.530 exposes overcharging to both misdemeanor prosecution and civil liability. Keeping detailed, contemporaneous records of how each charge was calculated and authorized under the ordinance is a common compliance practice. When a charge's permissibility is uncertain, many operators consult the San Jose Housing Department or qualified legal counsel before billing tenants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.530 gives tenants a civil remedy if a landlord has demanded or collected rent or fees that exceed what Chapter 17.23 allows — recoverable amounts can include the overcharge itself plus damages up to $500 or three times the excess, whichever is greater. Tenants who believe they have been overcharged may file a complaint with the San Jose Housing Department, raise the violation in a civil proceeding, or contact a local tenant-rights organization to learn about available options.
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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