San Jose Mun. Code Chapter 17.23 § 17.23.845
Purchasers of rent stabilized properties after the base year (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
If the Landlord can show that the Landlord purchased the Covered Property between January 2015 and May 2016 in an arm's length transaction, and that reasonable attempts were made to obtain the records regarding Gross Income from the prior owner, and no information on the Base Year Gross Income is available from Tenants or City Staff, the Landlord may request to the City to accept a Petition for an adjustment under Section 17.23.820 using the year of purchase as an Alternative Base Year, in which case, the provisions of Section 17.23.810 shall be adjusted accordingly.
San Jose Municipal Code § 17.23.845 creates a limited exception for landlords who purchased a rent-stabilized property between January 2015 and May 2016 and cannot obtain base year gross income records from the prior owner, tenants, or city staff. Under this rule, such a landlord may ask the City to accept a rent adjustment petition using the year of purchase as an alternative base year, with the standard calculation provisions under § 17.23.810 adjusted accordingly.
Plain English — not legal advice.
Under § 17.23.845, a compliant operator who acquired a covered property during the January 2015–May 2016 window and exhausted reasonable efforts to obtain prior-owner income records documents those efforts before petitioning the City to use the purchase year as an alternative base year. Operators in this situation typically gather evidence of their outreach to the prior owner, tenants, and City staff to support a petition for adjustment under § 17.23.820.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 17.23.845 governs how a landlord's base year may be recalculated when the property changed hands in the 2015–2016 period, which can affect the rent levels used as a reference point in stabilization calculations. Tenants who believe a base year substitution was improperly applied may raise the issue with San Jose's rent program staff or consult a tenant-rights organization familiar with the City's rent stabilization process.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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