San Jose Mun. Code Chapter 17.23 § 17.23.1190
Enforcement (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Criminal Penalty. Any owner found by a court of competent jurisdiction to be guilty of a willful violation of Subsection A of Section 17.23.1170 shall be subject to up to a one thousand dollar fine and/or six months in jail. B. Civil Enforcement. 1. Any owner(s) that fail(s) to comply with this Part 11 may be subject to civil proceedings for exemplary damages for displacement of tenant(s) initiated by the city for actual and exemplary damages, as well as any other alternative remedy available under the law or equity, including without limitation, injunctive relief to prevent termination of a tenancy. 2. Any owner(s) that fail(s) to comply with the notice requirement defined in Subsection A of Section 17.23.1170 if the violation occurs within two years of the effective date of withdrawal may be subject to civil proceedings for actual, exemplary, and/or punitive damages (in an amount which does not exceed the contract rent for six months) initiated by the city or by any tenant who would otherwise be entitled to a right to return, which action(s) must be brought within three years of withdrawal of the building containing a covered unit from the residential rental market. 3. Any owner(s) that fail(s) to comply with this Part 11 may be subject to civil proceedings for actual and exemplary damages as well as any other alternative remedy available under the law or equity, initiated by any tenant who would otherwise be entitled to relocation assistance. Civil proceedings by any tenant regarding relocation assistance under this Part 11 shall be brought within three years of the withdrawal of the building containing a covered unit. 4. If an owner seeks to displace any tenant(s) from a covered unit in a building to be withdrawn from the residential rental market by an unlawful detainer proceeding, the tenant(s) may appear and answer or demur pursuant to Section 1170 of the California Code of Civil Procedure, as amended, and may assert by way of defense that the owner has not complied with the applicable provisions of this Part 11 and/or the Ellis Act.
San Jose Municipal Code § 17.23.1190 establishes both criminal and civil consequences for property owners who fail to comply with the Ellis Act withdrawal rules in Part 11. A willful violation of the required notice provision can result in criminal penalties including fines and jail time, while non-compliance more broadly can expose an owner to civil suits for actual, exemplary, or punitive damages—brought by the city or by affected tenants—as well as injunctive relief. Tenants facing unlawful detainer proceedings may raise the owner's non-compliance as a legal defense in court.
Plain English — not legal advice.
Operators withdrawing a building from the rental market under Part 11 should be aware that § 17.23.1190 creates layered liability for non-compliance, ranging from criminal penalties for willful notice violations to civil suits for damages and injunctive relief. Compliant operators generally ensure all required notices are delivered on time and that relocation assistance obligations are fully satisfied before proceeding with any displacement. Because civil actions can be initiated by the city or by tenants entitled to relocation assistance or a right of return, maintaining thorough documentation of every step in the withdrawal process is a practice common among operators seeking to demonstrate compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 17.23.1190, tenants displaced or threatened with displacement during an Ellis Act withdrawal may have the right to pursue civil claims for actual, exemplary, or punitive damages if the owner failed to meet Part 11's requirements, and the city may also bring enforcement actions on tenants' behalf. If an owner initiates an unlawful detainer proceeding, a tenant may raise the owner's non-compliance with Part 11 or the Ellis Act as a defense in that proceeding. Tenants who believe their rights under this provision have been violated can explore options such as contacting the city's housing department, reaching out to a local tenant-rights organization, or consulting an attorney familiar with San Jose rent regulations.
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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