San Jose Mun. Code Chapter 17.23 § 17.23.1170

Right to return (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)

In Force
Verified 6/11/2026 · Next check 9/9/2026
San JoseEllis Act & Market Withdrawal

Operative Text

San Jose Mun. Code Chapter 17.23 § 17.23.1170
A. Tenant(s) of covered units whose tenancies are terminated in connection with the withdrawal of a building containing the covered unit(s) from the residential rental market in accordance with this Part 11, are entitled to receive, and owner(s) must deliver to the tenant household, on a form approved by the city notice of the tenant(s) right to return to and rent the same unit at the rent determined pursuant to Section 17.23.1180A if:
1. The tenant has provided the owner a current mailing address and email address at which to receive a notice of the right to return; and
2. An owner returns the covered unit to the residential rental market within five years of the effective date of withdrawal of a building containing the covered unit from the residential rental market.
B. Owner(s) of a building containing a covered unit that was withdrawn from the residential rental market within the previous ten years but after the five-year period described in Subsection A of Section 17.23.1170 must provide one hundred twenty days written notice to the city and tenant of the intent of the owner(s) to return the covered unit to the residential rental market.
C. Any tenant(s) displaced from a covered unit in connection with the withdrawal of a building containing a covered unit from the residential rental market may request the right to return from the owner(s) within thirty days of receipt by the city of an owner(s) written notice of intent to return the covered unit to the residential rental market. Following the notice required to be given to the city, the city may request that the owner extend an offer to renew the tenancy to the tenant. However, nothing in this section shall be construed to relieve the owner of the obligation to directly contact the tenant or former tenant and to advise the tenant that the withdrawn covered unit is again offered for rent or lease. Notice shall be on a form approved by the city.
D. The city may create a registry of tenant contact information for use by tenants and owners to facilitate communication regarding a right to return, relocation assistance, and other topics. Each owner shall use any information in the registry, in addition to information provided voluntarily by each tenant, when complying with right to return obligations under Subsection A of Section 17.23.1170 . The city may attempt to inform any tenant(s) displaced due to the withdrawal of a building containing a covered unit upon receipt by the city of an owner(s) written notice of intent to return the covered unit to the residential rental market.
Source: Legislative text reproduced verbatim
Plain English

San Jose Municipal Code § 17.23.1170 establishes a "right to return" for tenants displaced when a rental building is withdrawn from the residential rental market under Part 11. If an owner re-rents a covered unit within five years of withdrawal, they must notify the displaced tenant household using a city-approved form, provided the tenant has kept the owner updated with a current mailing and email address. For re-rentals occurring between five and ten years after withdrawal, the owner must give 120 days' written notice to both the city and the tenant before returning the unit to the market.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Under § 17.23.1170, compliant operators maintain records of displaced tenants' current mailing and email addresses and use any city registry data alongside voluntarily provided tenant contact information when a covered unit is re-offered for rent. If re-renting within five years of withdrawal, owners deliver a city-approved right-to-return notice to the former tenant household; if re-renting between five and ten years after withdrawal, owners provide 120 days' advance written notice to both the city and the tenant. Regardless of city involvement, owners are directly responsible for contacting former tenants to advise them that the unit is again available for rent or lease.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 17.23.1170 gives displaced tenants of covered units the right to receive notice and return to their former unit when an owner re-enters the rental market, but only if the tenant has kept the owner informed of a current mailing address and email address. Tenants who believe an owner has failed to provide required right-to-return notice may consider filing a complaint with the San Jose Housing Department or contacting a local tenant-rights organization to understand available options. The city may also maintain a registry of tenant contact information and attempt to notify displaced tenants when an owner files a written notice of intent to return a covered unit to the rental market.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 8.22.400
Statement of purpose
§ 8.22.410
Definitions
§ 8.22.420
Application of this Article III

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