San Jose Mun. Code Chapter 17.23 § 17.23.870
Landlords to retain 2014 records (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
Landlords are required to keep all financial records for 2014 which may be necessary for making a Net Operating Income determination. Failure to retain such records of Base Year Operating Expenses may result in the loss of the ability to demonstrate the need for a fair return Rent increase after September 1, 2016.
San Jose Municipal Code § 17.23.870 establishes a record-retention obligation tied to the 2014 base year used in Net Operating Income (NOI) calculations under the city's rent regulation program. Financial records from 2014 that document operating expenses must be preserved because they serve as the benchmark for evaluating whether a landlord is receiving a fair return. If those records are not retained, the ability to support a fair-return rent increase petition after September 1, 2016 may be forfeited.
Plain English — not legal advice.
Under § 17.23.870 of the San Jose Municipal Code, compliant operators generally maintain complete 2014 financial records—such as receipts, invoices, tax documents, and expense ledgers—that could be used to establish Base Year Operating Expenses in an NOI analysis. Because these records form the evidentiary foundation for any fair-return rent increase petition filed after September 1, 2016, operators typically store them in a manner that allows for ready retrieval if a petition is submitted to the San Jose Rent Stabilization Program. Gaps or missing documentation from the 2014 base year can undermine the ability to demonstrate entitlement to a fair return under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.870 of the San Jose Municipal Code gives tenants a basis to scrutinize whether a landlord seeking a fair-return rent increase can actually produce the 2014 financial records required to support that claim. If a landlord petitions for a rent increase through the San Jose Rent Stabilization Program after September 1, 2016, the absence of required 2014 base-year records may be raised as a relevant issue in that proceeding. Tenants who receive notice of a fair-return petition may wish to consult a tenant-rights organization or review the San Jose Rent Stabilization Program's resources to understand how record-retention requirements factor into the petition review 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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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