Rent control refers to laws that limit how much landlords can increase rent and protect tenants from unfair evictions. In San Jose, California, the Apartment Rent Ordinance (ARO) is the main law governing rent control. Established in 1979, this ordinance aims to keep housing affordable and stable for tenants by capping rent increases and ensuring eviction protections. It applies to specific types of rental properties, but not all apartments in San Jose are covered.
Which Apartments Are Rent-Controlled?
To determine if your apartment is rent-controlled, you need to check two main factors:
- Building Size: The apartment must be in a building with three or more rental units.
- Construction Date: The building must have been built and occupied before September 7, 1979.
If your apartment meets both criteria, it is likely subject to rent control under the ARO. However, several types of properties are exempt from these regulations, including:
- Single-family homes
- Duplexes
- Condominiums
- Townhomes
- Hotels or boarding houses (for stays less than 30 days)
- Nonprofit homes for the aged
- School dormitories
- Units owned or operated by government agencies
- Units first rented after September 7, 1979
- Properties in unincorporated areas of San Jose
If you’re unsure about your building’s status, you can contact the City of San Jose’s Rent Stabilization Program at (408) 975-4470 or visit their website for assistance (San Jose Rent Stabilization).
Know about Rental Market Trends in San Jose
How Much Can My Rent Increase?
For rent-controlled apartments, landlords are restricted to increasing rent by no more than 5% once every 12 months. For example, if your rent is $2,000 per month, the maximum increase would be $100, bringing your new rent to $2,100.
There are exceptions where landlords can request a higher increase:
- Capital Improvements: If landlords make significant upgrades to the property, such as installing new appliances or renovating common areas, they can petition for an additional rent increase of up to 3% of the monthly rent. These improvements must have been completed within the past 12 months and are not considered part of the base rent.
- Fair Return Increase: If a landlord’s operating expenses (e.g., maintenance or property taxes) exceed their income from the property, they can petition for a permanent rent adjustment to ensure a fair return on their investment.
- Additional Occupants: Tenants and landlords can jointly agree to a 5% rent increase for each additional occupant in the unit.
Landlords must provide proper notice and follow city procedures when requesting these increases. Tenants have the right to challenge excessive increases through the city’s dispute resolution process.
Tenant Protections Under Rent Control
Rent control in San Jose includes additional protections to ensure tenants can stay in their homes:
- Just Cause Eviction: Landlords must have a valid reason to evict tenants from properties with three or more units, whether rent-controlled or not. Valid reasons include:
- Non-payment of rent
- Violation of lease terms
- The landlord’s intent to remove the property from the rental market (e.g., for demolition or conversion to condos)
- Relocation Assistance: If a landlord removes a rent-controlled property from the rental market under the Ellis Act, they must provide tenants with financial assistance, including:
- Moving costs
- First and last month’s rent for a new place
- A new security deposit
- Application fees for new housing
- Extra assistance for households with school-age children, elderly, or disabled individuals
These protections help tenants avoid sudden displacement and maintain housing stability.
How to Verify If Your Apartment Is Rent-Controlled
If you’re unsure whether your apartment is rent-controlled, follow these steps:
- Check Building Details: Find out when your building was constructed and how many units it has. You can often find this information through property records or by asking your landlord.
- Use the City’s Online Map: The City of San Jose provides an online map of rent-stabilized properties. Visit San Jose’s Rent Stabilization Program and search by your address to see if your building is listed.
- Contact the City: Call the Rent Stabilization Program at (408) 975-4470 or email them for assistance. They can confirm whether your apartment is covered by the ARO.
- Review Your Lease: Some leases may indicate whether the unit is rent-controlled, though this is not always the case.
What to Do If Your Rights Are Violated
If you believe your landlord is not following rent control laws or other tenant protections, you can take action:
- Contact the Rent Stabilization Program: Reach out to the City of San Jose at (408) 975-4470 for guidance. They can help you understand your rights and mediate disputes.
- Seek Legal Advice: Organizations like the Tenant Law Group (Tenant Law Group) or other tenant rights groups can provide legal support. You may also consult an attorney specializing in landlord-tenant law.
- File a Complaint: If your landlord is violating the ARO or other ordinances, you can file a complaint with the city. In some cases, tenants may pursue legal action for damages or to stop unlawful evictions.
Why Rent Control Matters
Rent control in San Jose is designed to protect tenants from rapid rent increases and displacement, especially in a city with high housing costs. However, it’s a topic of debate. Tenants often appreciate the stability it provides, allowing them to stay in their homes despite rising market rates. On the other hand, some landlords and developers argue that rent control can discourage property maintenance or new housing development, potentially worsening the housing shortage. Both perspectives highlight the complexity of balancing tenant protections with housing market dynamics.
Additional Resources
For more information on rent control and tenant rights in San Jose, check these resources:
| Resource | Description | Link |
|---|---|---|
| City of San Jose Rent Stabilization Program | Official information on rent control and tenant protections | San Jose Rent Stabilization |
| Tenant Law Group | Legal support for tenants facing rent control or eviction issues | Tenant Law Group |
| San Jose Municipal Code | Full text of the Apartment Rent Ordinance | San Jose Municipal Code |
Conclusion
Understanding whether your apartment is rent-controlled in San Jose is key to protecting your rights as a tenant. The Apartment Rent Ordinance limits rent increases to 5% annually for qualifying units and provides protections like just cause eviction and relocation assistance. By verifying your apartment’s status and knowing your rights, you can ensure fair treatment and maintain affordable housing. If you have questions or concerns, don’t hesitate to contact the City of San Jose or a tenant rights organization for support.