Relocation Assistance: San Jose vs Santa Clara
How do relocation assistance rules compare between San Jose, CA and Santa Clara, CA?
Santa Clara has fewer restrictions than San Jose.
San Jose, CA
Santa Clara County
Under San Jose's Tenant Protection Ordinance, landlords ending an apartment tenancy for no-fault reasons must pay tiered relocation assistance. Amounts equal multiple months of rent and add a higher tier for qualified vulnerable households.
View full San Jose rules →Santa Clara, CA
Santa Clara County
Santa Clara County has no countywide relocation ordinance for unincorporated areas. State law controls: AB-1482 requires one month of rent for no-fault terminations and the Ellis Act adds extra pay for elderly or disabled tenants.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| Code | SJMC 17.23.1300 (TPO) | - |
| Standard amount | Three months HUD FMR | - |
| Vulnerable enhancement | One additional month | - |
| Filed with | SJ Housing Department | - |
| Paid by | Tenant move-out date | - |
| State law | - | Cal. Civ. Code §1946.2 |
| Standard relocation | - | One month of rent |
| Ellis Act notice | - | 120 days; 1 year senior/disabled |
| County code | - | No SCC unincorporated rule |
| Stronger cities | - | San Jose; Mountain View |
Highlighted rows indicate differences between cities.
San Jose FAQ
Who qualifies for the higher relocation tier?
Households with seniors 62 or older, disabled tenants, families with minor children, or those earning under 80 percent of area median income receive an additional month beyond the standard three-month HUD Fair Market Rent payment.
When must relocation be paid?
The landlord must pay the full relocation amount before the tenant's required move-out date and file the Notice of Termination with the San Jose Housing Department before serving any no-fault notice.
Santa Clara FAQ
How much relocation pay do I get in unincorporated Santa Clara County?
AB-1482 requires the equivalent of one month of rent, paid as direct relocation or as a waiver of the final month's rent. The choice belongs to the landlord, not the tenant.
Does the Ellis Act apply to my landlord?
Yes, if the owner is permanently withdrawing all units in the building from the rental market. The act requires extended notice for elderly and disabled tenants and right-of-first-refusal terms for several years.
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