San Jose Mun. Code Chapter 17.23 § 17.23.850
Allocation of rent increases (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
Rent increases resulting from a Landlord Petition for fair return shall be allocated equally among all Rent Stabilized Units in the Covered Property; subject to the condition that the Hearing Officer, in the interests of justice, shall have the discretion to apportion the Rent increases in another manner necessary to ensure fairness.
Under San José Municipal Code § 17.23.850, when a landlord successfully petitions for a rent increase on the basis of fair return, the resulting increase is generally divided equally across all rent-stabilized units in the property. However, the Hearing Officer overseeing the petition retains discretion to distribute the increase in a different way if equal allocation would produce an unfair result. This provision balances a default rule of equal sharing with a safety valve for case-by-case adjustments.
Plain English — not legal advice.
Section 17.23.850 means that operators who file a Landlord Petition for fair return should anticipate that any approved rent increase will ordinarily be spread equally across every rent-stabilized unit in the covered property. Compliant operators typically account for this equal-allocation default when projecting how an approved increase will affect individual unit rents. Because the Hearing Officer can depart from equal allocation in the interests of fairness, landlords generally document unit-specific financial data that might support or inform any alternative apportionment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 17.23.850, tenants in rent-stabilized units have an interest in how a fair-return rent increase is allocated across their building, since the default rule calls for equal distribution among all covered units. If a Hearing Officer considers departing from that equal split, the provision's fairness standard creates an opportunity for affected tenants to present relevant information during the hearing process. Tenants who receive notice of a Landlord Petition may wish to review the hearing procedures with a tenant-rights organization or the San José Housing Department to understand how allocation decisions are made and what participation options are available.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.