TL;DR
San Jose runs the Apartment Rent Ordinance (ARO) for pre-September-1979 buildings with 3+ units — capped at 5% annually. The Tenant Protection Ordinance (TPO) extends just-cause to most other rentals. The Rent Stabilization Program handles registration. AB 1482 sits in the background for whatever those two don't reach.
Who falls under the ARO?
The ARO covers apartments meeting all of these:
- 3 or more rental units in the building
- Certificate of Occupancy issued on or before September 7, 1979
- Inside San Jose city limits
Exempt: duplexes and single-units, post-1979 construction, single-family homes, individually-owned condos, hotels, dorms, government-owned housing.
What's the cap, exactly?
5% per year on ARO-covered units. The cap is a flat 5% — not CPI-linked the way AB 1482 is. In low-inflation years that's higher than the state cap; in high-inflation years it's lower. ARO controls because it's the stricter applicable rule on ARO-covered units.
The TPO — just-cause for the rest
The Tenant Protection Ordinance extends just-cause eviction rules to most San Jose rentals, including many that the ARO doesn't reach. Specifically: most multi-unit rentals, most single-family rentals (the TPO doesn't honor the AB 1482 exemption notice as broadly as state law does), and most condos. Just-cause grounds track AB 1482 with some city-specific procedural overlays.
Registration is mandatory and enforced
ARO-covered units must register annually with the Rent Stabilization Program and pay per-unit fees. Non-registration is not "an administrative oversight" — it bars rent collection adjustments and pursuit of some terminations until current.
OMI and substantial remodel — Ellis Act overlap
San Jose handles owner move-in and substantial remodel under SB 567's state framework with city-specific relocation amounts that exceed the one-month statutory floor. The Ellis Act is the standard tool to withdraw a building from rental use; in San Jose it carries long notice periods, scaled relocation by tenure, and a 10-year restriction on returning units to rental at market rent.
Common questions — San Jose landlord laws
What is the San Jose Apartment Rent Ordinance?
The city's rent stabilization for pre-September-1979 apartments in buildings with 3+ units. 5% annual cap. Registration required.
Does the TPO cover my San Jose single-family rental?
Most likely yes for just-cause purposes, even if AB 1482's natural-person exemption applies at the state level. The TPO has its own exemption list and it's narrower.
Do I have to register?
ARO-covered units, yes, annually. Non-registration bars rent adjustments and some terminations.
How does the Ellis Act work in San Jose?
State framework with city-specific extended notice and substantial relocation payments. Ten-year restriction on returning units to rental at market rent after withdrawal.
Does AB 1482 apply if the ARO covers me?
The stricter rule wins. ARO's 5% cap is stricter than AB 1482's 5%+CPI in most years, so the ARO controls on ARO units. AB 1482 controls outside the ARO.
CA Landlord Laws