San Jose, CA Rental Property Rules: Rent Control (2026)
Rent control rules in San Jose, CA, also known as rent stabilization or rent cap ordinances, limit annual rent increases and protect tenants from displacement.
Key Facts
- Code Section
- SJMC Chapter 17.23
- Annual Cap
- 5% maximum annual rent increase
- Coverage
- Buildings with 3+ units, CoO before Sept 7, 1979
- Banking
- Unused increases may be banked up to 8% cumulative
- State Law
- AB 1482 covers units not under local ARO
Summary
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.
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded.
Full Breakdown
The ARO requires landlords to register covered units with the City's Rent Stabilization Program. Tenants may petition for a downward rent adjustment if the unit has habitability deficiencies. Banking of unused rent increases is permitted up to a cumulative 8% over the base year rent. Landlords must provide tenants with a notice of their rights under the ARO at the beginning of tenancy. Units exempt from the ARO include single-family homes, condos, and buildings with certificates of occupancy after September 7, 1979.
Violations & Fines
Landlords who impose rent increases exceeding the allowable amount face penalties including rent refunds, administrative fines, and potential civil liability. Tenants can file petitions with the Rent Stabilization Program at no cost.
Frequently Asked Questions
Is my apartment covered by San Jose rent control?
What is the maximum rent increase allowed?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California rental property rules overview
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Rent Control in Nearby Cities
How other cities in Santa Clara County handle rent control.