San Jose Mun. Code Chapter 17.23 § 17.23.580
Rights and obligations cumulative (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Rental in Violation of City Ordinance. If a Landlord rents a Rent Stabilized Unit: (i) in violation of the City's Short Term Rental Ordinance, Part 2.5 of Chapter 20.80 , or for an unpermitted non-residential use; (ii) in material violation of the City's Housing, Fire or Building Codes, Chapter 17.20 , or Title 24 ; or (iii) in violation of the implied warranty of habitability, such rental shall also be considered a violation of this Chapter and may give rise to any of the remedies or penalties identified in this Part 5. B. Tenant Protections. Tenants shall have the right to seek the protections set forth in the Tenant Protection Ordinance in addition to any remedies available under Parts 1 through 9 of this Chapter. C. Failure to Provide a Notice of Termination; Evasion. If a Landlord fails to comply with Section 17.23.600 , requires a Tenant to enter into a new lease under another name, or otherwise seeks to evade the restrictions on Rent in this Chapter, such actions shall also be considered a violation of this Chapter and may give rise to any of the remedies or penalties identified in this Part 5. D. Additional Rights and Obligations. The rights and obligations set forth in Parts 1 through 9 of this Chapter are in addition to those set forth in any other Part or Chapter of the Municipal Code.
San Jose Municipal Code § 17.23.580 establishes that certain landlord conduct—such as renting a rent-stabilized unit in violation of short-term rental rules, unpermitted uses, housing or building code violations, or habitability failures—constitutes a separate violation of the rent stabilization chapter and can trigger its full range of remedies. Tenants retain access to the Tenant Protection Ordinance alongside any remedies available under the rent stabilization chapter, and landlords who evade termination-notice requirements or attempt to circumvent rent restrictions face the same consequences. All rights and obligations under the chapter stack on top of, rather than replace, those found elsewhere in the Municipal Code.
Plain English — not legal advice.
Under § 17.23.580, operators of rent-stabilized units in San Jose are generally expected to maintain compliance with short-term rental rules, housing and building codes, habitability standards, and proper termination-notice procedures simultaneously, because a failure in any one area can constitute a violation of the rent stabilization chapter and expose the property to its full penalty framework. Compliant operators typically document permitted uses, address code issues promptly, and ensure lease arrangements do not obscure tenant identity or evade rent restrictions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.580 means that if your rent-stabilized unit is rented in violation of building codes, habitability standards, or short-term rental rules, those failures may also be treated as rent ordinance violations, giving you access to the remedies available under the rent stabilization chapter. Tenants can also pursue protections under the Tenant Protection Ordinance independently of any rent stabilization remedies. Tenant-rights organizations in San Jose and the City's rent program office can help you understand which enforcement paths—such as filing a complaint or raising a violation as a defense—may be available under this provision.
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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