San Jose Mun. Code Chapter 17.23 § 17.23.310
Limits on rent increases (San Jose Apartment Rent Ordinance and Tenant Protection Ordinance)
Operative Text
A. Annual Rent Increase Limit. The Rent of any Rent Stabilized Unit may not be increased by more than the Annual General Increase unless otherwise authorized by Petition. If the Landlord has not substantially complied with the City's request to register or re-register a Rent Stabilized Unit pursuant to the procedures in the Regulations, the Landlord may not increase the Rent for the Rent Stabilized Unit. B. The "Annual General Increase" is limited to: The monthly Rent charged for the previous twelve (12) months for the Rent Stabilized Unit multiplied by five percent (5%). C. Rent Adjustments Based Upon COVID-19 Rent Increase Moratorium. 1. Notwithstanding subsection B., Landlords who enter into reduced rent agreements with their Tenants pursuant to the COVID-19 Rent Increase Moratorium Ordinance, Ordinance No. 30405, may calculate their Annual General Increase upon the prior charged rent under their rental contract and not on the monthly rent charged under the reduced rent agreement. 2. This subsection shall expire twelve (12) months after expiration of the COVID-19 Rent Increase Moratorium Ordinance, Ordinance No. 30405. D. Rent Increase Frequency Limit. Not more than one (1) Rent increase, including the Annual General Increase, any increase allowed under Chapter 13 of the Regulations, and any increase authorized by a final decision after a Petition may be imposed in any twelve (12)-month period. An increase in Rent authorized by a decision on a Petition filed pursuant to Section 17.23.350 C. or Part 8 of this Chapter may be imposed after notice has been provided pursuant to California Civil Code Section 827, if the decision states that the initial increase is exempt from the twelve (12) month interval requirement under this Section. E. Rental Voucher Unit - Rent Increases. During the time a Rental Unit serves as a Rental Voucher Unit, the Initial Rent shall be subject to this Chapter, but its Rent may be adjusted annually consistent with the published rules of the applicable government agency in lieu of the Rent adjustments allowed under this Chapter.
Under San Jose Municipal Code § 17.23.310, rent increases for stabilized units are capped at 5% of the prior twelve months' rent as the Annual General Increase, unless a landlord obtains additional authorization through a formal Petition. No more than one rent increase of any kind may be imposed within any twelve-month period. Landlords who have not complied with the city's registration requirements are barred from raising rent at all, and units operating as Rental Voucher Units follow a separate adjustment process tied to the applicable government agency's published rules.
Plain English — not legal advice.
Operators of rent-stabilized units under § 17.23.310 generally ensure their units are registered or re-registered with the City before attempting any rent increase, since non-compliance with registration blocks the ability to raise rent entirely. A compliant operator limits any single increase to no more than 5% of the rent charged over the prior twelve months and imposes no more than one increase of any type within a rolling twelve-month window. Increases beyond the Annual General Increase require authorization through the Petition process described elsewhere in Chapter 17.23.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17.23.310 caps annual rent increases on stabilized units at 5% and prohibits more than one increase per twelve-month period, giving tenants a basis to challenge increases that exceed these limits or that come from a landlord who has not met the City's registration requirements. Tenants who believe an increase violates these rules can raise the violation with the San Jose Rent Stabilization Program or consult a tenant-rights organization to understand available options.
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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