San Jose Mun. Code Chapter 17.23 § 17.23.560
Disclosure to purchasers of real property (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Any Owner, as that term is defined in Part 11 of this Chapter 17.23 , of a Rent Stabilized Unit shall disclose to a potential buyer in writing, prior to the close of escrow that the Rent Stabilized Unit is subject to this Chapter 17.23 and implementing regulations. Upon request by the City, such Owner or former Owner shall provide the City with a copy of such written disclosure. B. Failure of an Owner to make the disclosure set forth in Section 17.23.560 shall in no way excuse a purchaser of a Rent Stabilized Unit from any right, responsibility, or obligation under this Chapter 17.23 .
San Jose Municipal Code § 17.23.560 requires that before a rent-stabilized unit changes hands, the seller must give the buyer a written notice stating that the property is covered by Chapter 17.23 and its implementing regulations. The City may request a copy of that disclosure from the current or former owner at any time. Importantly, if the seller fails to provide this notice, the buyer is still fully bound by all rights, responsibilities, and obligations under the rent stabilization ordinance — the omission does not shield the new owner from compliance.
Plain English — not legal advice.
Under § 17.23.560, owners selling a rent-stabilized unit in San Jose generally prepare and deliver a written disclosure to the prospective buyer before escrow closes, clearly identifying the unit as subject to Chapter 17.23 and its implementing regulations. Compliant sellers also retain a copy of that disclosure, since the City may request documentation of the notice at a later date. Because a buyer's obligations under the ordinance attach regardless of whether the disclosure was made, ensuring the written notice is delivered and documented is a standard part of the transaction process for covered properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live in a San Jose rent-stabilized unit that has recently been sold, § 17.23.560 makes clear that the new owner is bound by all of Chapter 17.23's protections and obligations — even if the prior owner never provided the required written disclosure to the buyer. This means a change in ownership does not suspend or eliminate your rights under the rent stabilization ordinance. Tenants who believe a new owner is not honoring those obligations may consider contacting the San Jose Housing Department, raising the ordinance's requirements in any relevant proceeding, or reaching out to a local tenant-rights organization for general information 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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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