San Jose Mun. Code Chapter 17.23 § 17.23.800
Purpose (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A Landlord may Petition for a Rent adjustment in order to obtain a fair return in the event that the other increases allowed pursuant to the Apartment Rent Ordinance do not provide a fair return. This Part sets forth the standards for determining whether or not a Landlord is obtaining a fair return and what Rent increase would be required to provide a fair return if a Landlord is obtaining less than a fair return.
Section 17.23.800 of the San Jose Municipal Code establishes the purpose of a fair-return petition process under the Apartment Rent Ordinance. When the standard rent increases permitted under the ordinance are insufficient to provide a landlord with a fair return on their property, this part of the code creates a mechanism for seeking an additional adjustment. It also lays out the standards used to evaluate whether a fair return is being achieved and how to calculate any rent increase that would be necessary to reach that threshold.
Plain English — not legal advice.
Under § 17.23.800, a landlord who believes that ordinance-permitted increases are not yielding a fair return on their rental property has access to a formal petition process. Operators who pursue this path generally document their income and expenses carefully, as the standards set out in this part of the code govern how fair return is measured. Familiarity with those standards before filing a petition helps ensure that submissions are complete and aligned with what the rent program evaluates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.800 defines the purpose and standards of the fair-return petition process, which a landlord may use to seek a rent increase beyond what the Apartment Rent Ordinance otherwise allows. Tenants should be aware that such a petition triggers a formal review process with defined criteria — it is not an automatic approval. Tenants who receive notice of a fair-return petition may have the opportunity to participate in that process, and tenant-rights organizations in San Jose can help explain what that participation generally looks like.
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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