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πŸ”‘ Rental Property Rules/Rent Control

Rent Control: San Jose vs Santa Clara

How do rent control rules compare between San Jose, CA and Santa Clara, CA?

Santa Clara has fewer restrictions than San Jose.

San Jose, CA

Santa Clara County

Heavy Restrictions

San Jose's Apartment Rent Ordinance (ARO) under SJMC Chapter 17.23 is one of California's strongest local rent control laws. The ARO covers rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. Annual rent increases are capped at 5% of the current rent. Landlords must petition the Rent Stabilization Program for increases exceeding the annual allowable amount. The City also enforces the statewide Tenant Protection Act (AB 1482) for units not covered by the local ordinance.

View full San Jose rules β†’

Santa Clara, CA

Santa Clara County

Some Restrictions

Santa Clara has no local rent control; state AB 1482 (Tenant Protection Act) caps annual rent increases at 5 percent plus CPI up to 10 percent on qualifying units.

View full Santa Clara rules β†’

Key Facts Comparison

FactSan JoseSanta Clara
Code SectionSJMC Chapter 17.23-
Annual Cap5% maximum annual rent increase-
CoverageBuildings with 3+ units, CoO before Sept 7, 1979-
BankingUnused increases may be banked up to 8% cumulative-
State LawAB 1482 covers units not under local ARO-
Local Rent Control-None adopted β€” state law governs
State Cap AB 1482-5 percent plus CPI, 10 percent max
Exemptions-SFHs/condos with notice, new construction 15 years
Just Cause-Required after 12 months occupancy
Contact-Housing Division (408) 615-2490

Highlighted rows indicate differences between cities.

San Jose FAQ

Is my apartment covered by San Jose rent control?

Your unit is covered if it is in a building with 3 or more units that received a certificate of occupancy before September 7, 1979. Single-family homes, condos, and newer buildings are exempt from the local ARO but may be covered by state AB 1482.

What is the maximum rent increase allowed?

Under the San Jose ARO, landlords may increase rent by up to 5% annually. Under state AB 1482, the cap is 5% plus the local CPI change, up to a maximum of 10%.

Santa Clara FAQ

How much can my landlord raise rent?

Under AB 1482, annual increases are capped at 5 percent plus local CPI, with a 10 percent absolute maximum, unless the unit is exempt.

Is my single-family rental rent-controlled?

Only if the owner is a corporation or REIT, or if the owner failed to provide the required AB 1482 exemption notice.

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