Chapter 17.20

HOUSING CODE*

Parts:

• 1 General Provisions

• 2 Definitions

• 3 Space and Occupancy Standards

• 4 Structural Requirements

• 5 Mechanical Requirements

• 6 Exits

• 7 Fire Detection Systems

• 8 Residential Occupancy Permit

• 9 Substandard Housing

• 10 Notification of Franchise Tax Board of Substandard Conditions of Rental Housing

• 11 Owner Relocation Obligations

Part 1

GENERAL PROVISIONS

Sections:

*Cross reference— For the State Housing Law, see Health and Saf. Code § 17910 et seq.

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2026-Supplement 4

BUILDINGS AND CONSTRUCTION

• 17.20.040 Applicability of more restrictive

  • provisions in other laws or ordinances.

• 17.20.050 Violation of chapter provisions

  • prohibited - Responsibility.

• 17.20.060 Enforcement responsibility - Delegation of authority.

T17:98.3

2026-Supplement 4

BUILDINGS AND CONSTRUCTION

§ 17.20.070

This Chapter 17.20 shall be the "San José Housing Code," and may be cited as such or as "the housing code." (Prior code § 5501.1; Ords. 20659, 21974.)

The purpose of the housing code is to provide for decent housing by safeguarding life, safety, health, property and public welfare by setting minimum standards for buildings used for human habitation within this jurisdiction.

(Prior code § 5501.2; Ords. 20659, 21974.)

• A. The provisions of the housing code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation and shall apply to the construction, movement, conversion, alteration, arrangement, maintenance, sanitation, ventilation and occupancy of such buildings or portions thereof.

• B. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of the housing code shall apply to the separate portions as if they were separate buildings.

• C. Whenever there is a guest as defined by Title 20 of this Code, residing in the building, the building shall comply with all the requirements of the housing code for dwellings.

• D. Existing buildings which are altered or enlarged shall be made to conform to the housing code insofar as the new work is concerned, and in accordance with Section 104(a) and (b) of the building code.

(Prior code § 5501.3; Ords. 20659, 21974.)

Notwithstanding anything set forth or provided for in this chapter, if the provisions of the

state housing law and building regulations of the state, or any other provisions of this Code are more restrictive than the provisions contained herein, then such other laws or ordinances, shall be applicable. (Prior code § 5501.4; Ords. 20659, 21974.)

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done which does not comply with the standards or requirements set forth in this chapter.

Nothing in this chapter shall preclude a rental or lease agreement from providing that a lessee, sublessee, tenant or occupant has the responsibility for repair and maintenance. Such provision notwithstanding, the owner shall be responsible to ensure compliance with this chapter, unless otherwise specified, and shall repair, remove, reconstruct or correct any condition in any building, structure or portion thereof which does not comply with the standards or requirements of this chapter. (Prior code § 5515.1, 17.20.1200; Ords. 20659, 21974.)

The city manager is charged with the responsibility for the enforcement of this chapter. All city employees with enforcement responsibility are authorized to make such inspections and take any actions on behalf of the city manager as may be required to enforce the provisions of this chapter. (Prior code §§ 5510.1 - 5510.2, 17.20.850 - 17.20.860; Ords. 20659, 21974.)

The housing code is not the exclusive regulation of housing within the city. It shall supplement and be in addition to all other regulatory laws, codes or ordinances.

(Prior code § 5501.5, 17.20.050; Ords. 20659, 21974.)

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§ 17.20.100

Part 2

DEFINITIONS

Sections:

An efficiency dwelling unit is a dwelling unit containing only one habitable room and meeting the requirements of Section 17.20.270.B.2. (Prior code § 5502.4; 17.20.120; 17.20.130; Ords. 20659, 21974.)

Independent dwelling unit is a building or portion thereof used or designed for occupancy, for residential purposes, for one or more persons or families living independently of each other and doing their own cooking in said building. (Ord. 21974.)

Hot water is water supplied to plumbing fixtures at a temperature of not less than one hundred ten degrees Fahrenheit.

(Prior code § 5502.6; 17.20.150; 17.20.140; Ords. 20659, 21974.)

Part 3

SPACE AND OCCUPANCY STANDARDS

Sections:

property as required by Section 504 and Part rv of the Building Code. Exit courts from apartment houses to the public way shall not be less than forty-four inches in width and seven feet in height. (Prior code § 5503.1; Ord. 20659.)

• A. Scope. This section shall apply to front yards and any courts having required windows opening therein.

• B. Yards. Every yard shall be not less than three feet in width for one-story and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of one foot for each additional story. Where yards completely surround the building, the required width may be reduced by one foot. For buildings exceeding fourteen stories in height, the required width of the yard shall be computed on the basis of fourteen stories.

• C. Courts.

  1. Size of Courts.

     • a. Every court shall be not less than three feet in width. Courts having windows opening on opposite sides shall be not less than six feet in width.

     • b. Courts bounded on three or more sides by the walls of the building shall be not less than ten feet in length unless bounded on one end by a street or yard.

     • c. For buildings more than two stories in height, the court shall be increased by one foot in width and two feet in length for each additional story.

     • d. For buildings exceeding fourteen stories in height, the required dimensions shall be computed on the basis of fourteen stories.

  2. Access and Air Intake.

All buildings shall be located with respect to property lines and to other buildings on the same

• a. Adequate access shall be provided to the bottom of all courts for cleaning purposes.

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§ 17.20.270

• b. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom of not less than ten square feet in area and leading to the exterior of the building unless abutting a yard or public space.

• c. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fireresistive.

(Prior code § 5503.2; Ords. 20659, 21974.)

• A. 1. Ceiling Heights. Habitable space shall have a ceiling height of not less than seven feet six inches except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than forty-eight inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at forty-eight inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members provided that the bottom of the members is not less than seven feet above the floor.

  2. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

  3. If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet.

• B. Floor Area.

  1. Every dwelling unit shall have at least one room which shall have not less than one hundred fifty square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less than seventy square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.

  2. Exceptions-Efficiency unit: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

     • a. The unit shall have a living room of not less than two hundred twenty square feet of surficial floor area. An additional one hundred square feet of surficial floor area shall be provided for each occupant of such unit in excess of two.

     • b. The unit shall be provided with a separate closet.

     • c. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front. Light and ventilation conforming to this Code shall be provided.

     • d. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

  3. Exceptions-Single-room occupancy units: Nothing in this section shall prohibit the use of an efficiency living unit within a single-room occupancy (SRO) living unit facility where such unit meets the following requirements:

     • a. The living unit is designed for occupancy by and is occupied by no more than two persons.

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§ 17.20.270

• b. The living unit has a minimum floor area of one hundred fifty square feet.

• C. Width. No habitable room shall be less than seven feet in any dimension, and no water closet space less than thirty inches in width, and such water closet space shall provide a clear space in front of the toilet stool of not less than twenty-four inches.

(Prior code § 5503.3; Ords. 20659, 23528.)

• A. Natural Light and Ventilation. All guestrooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of ten square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation means of openable exterior openings with an area not less than one-twentieth of the floor area of such rooms with a minimum of one and onehalf square feet.

All guestrooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of five square feet.

• B. Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building.

Exception: Required windows may open into a roofed porch where the porch:

1. Abuts a street, yard or court; and

2. Has a ceiling height of not less than seven feet; and

3. Has the longer side at least sixty-five percent open and unobstructed.

   • A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than four feet in least dimension. No vent shaft shall extend through more than two stories. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five square feet, whichever is greater.

• C. Mechanical Ventilation. In lieu of required exterior openings for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of providing two air changes per hour in all guestrooms, dormitories, habitable rooms and in public corridors. One-fifth of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system conducted directly to the outside, capable of providing five air changes per hour, shall be provided.

• D. Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance with Section 3312(a) of the Building Code.

(Prior code § 5503.4; Ord. 20659.)

• A. Dwelling Units. Every type of dwelling unit shall be equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower as required by this Code.

• B. Hotels. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor, for each sex, at least one water closet and lavatory and one bath, accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate

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§ 17.20.350

of one for every additional ten guests or fractional number thereof in excess of ten. Such facilities shall be clearly marked for "men" or "women." As an alternative, adequate unisex facilities may be provided.

• C. Kitchen. Each independent dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. No wooden sink or sink of similarly absorbent material shall be permitted.

• D. Fixtures. All plumbing fixtures shall:

  1. Be connected to a sanitary sewer or an approved private sewage disposal system;

  2. Be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation; and

  3. Be of an approved glazed earthenware type or of a similarly nonabsorbent material.

• E. Water Closet Compartments. Water closet compartments, including but not limited to walls and floors of water closet compartments, toilet facilities, shower areas, and doors and panels shall be finished in accordance with applicable provisions of the building code.

• F. Room Separations. Every water closet, bathtub or shower required by this Code shall be installed in a room which will afford privacy to the occupant. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting door.

• G. Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with all applicable laws.

(Prior code § 5503.5; Ords. 20659, 21974.)

Part 4

STRUCTURAL REQUIREMENTS

Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code.

(Prior code § 5504.1; Ord. 20659.)

Every building shall be weather-protected so as to provide shelter for the occupants against the elements and to exclude dampness. (Prior code § 5504.2; Ord. 20659.)

All wood shall be protected against termite damage and decay as provided in the Building Code. (Prior code § 5504.3; Ord. 20659.)

Part 5

MECHANICAL REQUIREMENTS

Sections:

Every dwelling unit and guestroom shall be provided with heating facilities capable of maintain-

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§ 17.20.350

ing a room temperature of seventy degrees Fahrenheit at a point three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Chapter 37 of the Building Code, the Mechanical Code, and all other applicable laws. No unvented fuel-burning heater shall be permitted. All heating devices or appliances shall be of an approved type.

(Prior code § 5505.1; Ord. 20659.)

• A. All electrical equipment, wiring, and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

• B. Where there is electrical power available within three hundred feet of the premises of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one supplied electric light fixture.

(Prior code § 5505.2; Ord. 20559.)

Ventilation for rooms and areas and for fuelburning appliances shall be provided as required in the Mechanical Code and in this Code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 17.20.280 of this Code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof. (Prior code § 5505.3; Ord. 20659.)

Every dwelling unit or guestroom shall meet the following standards as specified in the building code, pursuant to Chapter 17.04, for new construction or existing buildings, whichever is applicable:

• A. Every dwelling unit or guestroom shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances.

• B. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools.

• C. All escape or rescue windows from sleeping rooms shall have the required minimum net clear openings and finished sill heights. Escape or rescue windows shall not be obstructed from the outside of the building.

(Prior code § 5506.1; Ords. 20659, 21974.)

Part 7

FIRE DETECTION SYSTEMS

Sections:

• 17.20.470 Holder of permit of occupancy.

• 17.20.475 Notice.

Part 6

EXITS

Sections:

• 17.20.485 Postponement of effective date for single-family, duplex dwellings and mobilehomes.

• 17.20.495 Civil action.

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§ 17.20.465

• A. Requirements. Every dwelling unit including single-family dwellings, mobilehomes, multiplefamily dwellings and all buildings or dwellings subject to the provisions of Part 8 of Chapter 17.20 of Title 17 of this Code shall provide and maintain smoke detectors as set forth herein. Said smoke detectors shall conform to the requirements of the Uniform Building Code edition in effect on the date of installation.

• B. Standards. Every dwelling unit used for sleeping purposes shall be provided with smoke detector(s). The detector(s) shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, a detector shall be placed at the center of the ceiling directly above the upper landing of the stairway. Within each and every efficiency dwelling unit or sleeping room or suite of a hotel or lodging house, a detector shall be located on the ceiling of the sleeping room or the ceiling of the main room of the efficiency unit or suite.

Each such detector shall be located in accordance with approved manufacturer's instructions. Care shall be exercised to ensure that the installation shall not interfere in any way with the operating characteristics of the detector. When activated, the detector shall provide an audible alarm in the dwelling unit. Each such detector shall either receive its primary power from the building wiring or be battery operated. (Ords. 20659, 20979.)

Nothing in Section 17.20.450 shall preclude the owner of said dwelling unit from replacing any smoke detector required by this part with another smoke detector which conforms to the requirements of the Uniform Building Code edition in effect at the time such replacement is installed. (Ord. 20979.)

Every smoke detector required under this part shall be deemed to be a fixture for purposes of transfer of title. (Ord. 20979.)

• A. Single-Family, Duplex Dwellings and Mobilehomes. The owner of any single-family, duplex dwelling or mobilehome shall have the obligation to install smoke detectors as required by this part and to ensure that said smoke detector(s) are maintained in proper working order at all times during which said owner is in possession of the dwelling unit and at the time said owner offers to rent, lease or let for use such dwelling unit to any other person. Thereafter, any person or persons to whom said dwelling unit is rented, leased or let shall be required to maintain said smoke detector(s) in proper working order.

• B. Other Dwellings. Every smoke detector required under this part for dwellings other than single-family, duplex dwellings, and mobilehomes shall be maintained in operable condition by the owner of the dwelling unit. In dwelling units which are rented, leased, or otherwise let for use, the owner shall ensure that all required smoke detector(s) are installed and that all smoke detector(s) in the dwelling unit are in proper working over each time an occupant takes possession. After the occupant takes possession, it shall be the duty of the occupant to regularly test all smoke detector(s) in the dwelling unit and the occupant shall notify the owner or owner's agent or the manager of the dwelling units immediately in writing of any problem, defect, malfunction or failure of any such smoke detector(s). Upon such notification by the occupant that a smoke detector in a dwelling unit is not in proper working order, the owner's agent shall be responsible to have such smoke detector(s) repaired or replaced within seven days. The owner shall provide the necessary funds in order to

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§ 17.20.465

enable the owner's agent or the manager of the dwelling units to repair or replace such smoke detector(s) within the time specified in this subsection for such repair or replacement. Nothing in this provision shall preclude a rental or lease agreement from providing that a tenant has the responsibility for repair or maintenance; however, such provision notwithstanding, the owner, the owner's agent and the manager of the dwelling units shall be responsible to ensure compliance with this provision. C. Nonowner Responsibility. No tenant or other person shall remove or cause or allow any smoke detector(s) required pursuant to this chapter to be located in any dwelling unit to malfunction as the result of either removal of such smoke detector(s) or removal or alteration of any device(s) providing energy for the operation of such smoke detector(s). No tenant shall cause or allow any other person to remove or cause or allow any smoke detector(s) located in such dwelling unit pursuant to this chapter to malfunction as the result of either removal of such smoke detector(s) or removal or alteration of any device(s) providing energy for the operation of such smoke detector(s).

(Ords. 20979, 21887.)

Where the holder of a permit of occupancy, as provided in Part 8 of Chapter 17.20, is some person or persons other than an owner of the real property, such person(s) shall be deemed to be an "owner" for purposes of this part. (Ord. 20979.)

Any property owner or his/her authorized agent offering to rent, lease or let residential property subject to the provisions of this part shall give notice of the requirements of Section 17.20.465 to the tenant prior to occupancy. The giving of such notice shall not relieve the property owner from compliance with the requirements of this part. (Ord. 20979.)

Whenever a multiple dwelling is subject to the provisions of Part 8 of Chapter 17.20, the application for a permit of occupancy filed in compliance with Section 17.20.520 shall be accompanied by a certificate signed by the applicant attesting to compliance with this part. (Ord. 20979.)

All existing single-family and duplex dwelling units and mobilehomes not required to be provided with smoke detector(s) under preexisting law shall have until January 1, 1983, to install smoke detectors in conformity to the provisions of this part. (Ord. 20979.)

Nothing in the provisions of this part shall be construed to require any agency of the city to conduct any inspection of the smoke detectors herein required nor shall any actual inspections made imply a duty to inspect other detectors. Furthermore, this part shall not be construed to hold the city or any officer, employee or representative of the city responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection. (Ord. 20979.)

A civil action against a property owner may be instituted by a buyer, renter or other aggrieved party to obtain damages and/or require compliance with the requirements of this part. Damages shall include actual damages, costs, attorneys' fees and a civil penalty of four hundred dollars in addition thereto. The court may award punitive damages in a proper case. Nothing in this provision shall be construed to limit any other right or remedy otherwise

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§ 17.20.520

available in law to any party, nor shall this provision in any way limit the city's right to enforcement under Chapter 1.08 of this Code.

(Ord. 20979.)

Part 8

RESIDENTIAL OCCUPANCY PERMIT

Sections:

• 17.20.510 Compliance required.

• 17.20.520 Permit required.

• 17.20.530 Application for permit or permit renewal.

• 17.20.540 Compliance with state housing law and this Code required.

• 17.20.550 Inspection.

• 17.20.560 Issuance of permit.

• 17.20.570 Transferability of permit.

• 17.20.580 Permitholder - Responsibility.

• 17.20.590 Annual renewal of permit.

• 17.20.600 Notices.

• 17.20.610 Fees.

• 17.20.620 Duration of permit.

• 17.20.630 Display of permit.

• 17.20.640 Revocation of permit - Grounds.

• 17.20.650 Notice of intent to revoke permit of occupancy.

• 17.20.660 Protest - Process.

• A. The provisions of this Part 8 shall apply to any building which is used for any of the following purposes, as defined or used in Title 20 of the San José Municipal Code:

  1. Apartment houses;

  2. Emergency residential shelters;

  3. Guesthouses;

  4. Motels/hotels;

  5. Residential care facilities for seven or more persons;

  6. Residential service facilities; and

7. Fraternity houses and sorority houses.

(Prior code § 5512.8; Ords. 20659, 22632.)

Title 20 of the San José Municipal Code was amended by Ordinance No. 22631, effective November 12, 1987, to create a new use category entitled "guesthouses." Structures in lawful use as boarding houses and lodging houses as of said date became legal nonconforming uses pursuant to Chapter 20.150 of this Code. Such boarding houses and lodging houses shall be deemed to be guesthouses for the purposes of Section 17.20.500 of this title. (Ord. 22632.)

• A. No person shall maintain, occupy, or permit the occupation of any building, housing, or unit for which a residential occupancy permit is required until that permit has been issued.

• B. No person shall maintain, occupy or permit the occupation of any building for which a residential occupancy permit is required unless there is a current and valid residential occupancy permit in force and effect.

• (Ord. 22632.)

• A. The owner or the agent of the owner of any building which is used for any of the purposes specified in Section 17.20.500 shall obtain a residential occupancy permit from the director of neighborhood preservation.

• B. A residential occupancy permit shall be obtained prior to the time:

  1. The use is commenced;

  2. The structure or use is converted to another applicable occupancy or use;

  3. The structure or use is expanded.

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§ 17.20.520

• C. The permit shall be renewed annually as provided in Section 17.20.590.

(Prior code § 5512.1; Ords. 20659, 22632.)

• A. The applicant shall file an application for a residential occupancy permit or permit renewal with the director of neighborhood preservation by providing the following information:

  1. A complete written application for the residential occupancy permit on the form provided by the director, including the name and address of the owner of the building, structure, or unit, a valid smoke detector certificate, and a completed selfinspection certificate in the form provided by the department of neighborhood preservation.

  2. Any necessary certificate of completion issued by the building official of the city;

  3. Evidence that the applicant is in compliance with or is exempt from the requirements of the transient occupancy tax set forth in Chapter 4.72 of this Code. If the occupancy is a new occupancy, the applicant shall file with the director evidence of compliance with the transient occupancy tax requirements within sixty days of the issuance of the residential occupancy permit; and

  4. Evidence that the applicant is in compliance with the requirements of the business tax set forth in Chapter 4.76 of this Code.

• B. The applicant for any permit or renewal permit shall pay the fee for the residential occupancy permit as set forth in the schedule of fees established by resolution of council.

• (Prior code § 5512.2; Ords. 20659, 21033, 21049, 21183, 21295, 22632.)

Each building subject to this chapter shall be in compliance with all of the provisions of the state

housing law and this Code which are applicable to the proposed use of the building including, but not limited to, provisions relating to construction, maintenance, sanitation, ventilation, use and occupancy of the building, zoning, and fire. (Ord. 22632.)

• A. Upon receipt of the application and prior to the issuance of the residential occupancy permit, the director of the department of neighborhood preservation may cause the building to be inspected to determine if the building is in compliance with the provisions of this chapter and other applicable provisions of this Code and state law.

• B. The building shall be subject to inspection at any time after the issuance of a residential occupancy permit to determine if the building is maintained in compliance with the provisions of this chapter.

• C. All inspections shall be performed in accordance with Chapter 17.02 of this Code.

• D. Should any inspection reveal noncompliance with any of the provisions of this Code or of the state housing law pertaining to the maintenance, sanitation, ventilation, use or occupancy of guesthouses, hotels, and apartment houses, and should reinspection be needed to determine compliance, the cost of any such reinspection, shall be billed to the owner or lessee in the amount set forth in the schedule of fees established by resolution of the city council.

(Ord. 22632.)

No residential occupancy permit shall be issued or renewed if:

• A. The application or any required documentation is incomplete;

• B. The application or any required documentation contains false information;

• C. The building is found not to comply with this chapter; and/or

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§ 17.20.600

• D. The applicant has failed to pay any required fees.

• (Ord. 22632.)

• A. The permit holder shall remain responsible for compliance with the provisions of this chapter until the permit is transferred, or a termination of the occupancy occurs. Failure to renew a permit does not relieve the permitholder of this responsibility.

• B. A residential occupancy permit is transferable to any person who is entitled to apply for the permit. A residential occupancy permit may be transferred under the following circumstances:

  1. When the director receives a request for the transfer of the permit on a form provided by the director; and

  2. When the permitholder and the building are in full compliance with the provisions of this chapter; and

  3. When the required transfer fee has been paid in an amount as set forth in the schedule of fees established by resolution of the city council.

• C. For the purposes of this chapter, a termination of occupancy requires the following:

  1. Notice by the permitholder to the director that the occupancy is being terminated;

  2. The conversion of the use to another use described in Section 17.20.500. Any such conversion shall require a new residential occupancy permit 111 accordance with the provisions of this Code; or

  3. A discontinuation of the use with no conversion to any other such use, described in Section 17.20.500.

• (Ord. 22632.)

The permit holder shall be responsible for the following:

• A. Compliance with the provisions of this chapter until the permit is transferred or any applicable occupancy is terminated;

  • B. Notices required by this chapter; and

  • C. Annual renewal of the residential occupancy permit.

• (Ord. 22632.)

• A. The permitholder shall annually renew the residential occupancy permit. Application for renewal shall include the following:

  1. Submission of an annual self-inspection certificate to the department of neighborhood preservation;

  2. Submission of any evidence or certificates required pursuant to Section 17.20.530 or at the request of the department of neighborhood preservation for the purpose of determining continued compliance with this chapter;

  3. The name and address of the permitholder or of an agent of the permitholder upon whom process can be served; and

  4. Payment of any fees required pursuant to this chapter.

• B. A permit for which any required fee has not been paid results in a permit which is not current or in full force and effect. Any building which does not have a valid permit in full force and effect shall not be used for any occupancy specified in this chapter. The permitholder shall restrict such building from use or occupancy within thirty days of the failure to pay such required fee.

• (Ord. 22632.)

The following notices shall be filed with the director containing the following information when applicable:

• A. Any change of the name or address of the permitholder or agent of the permitholder within thirty days of any such change.

• B. Information regarding any transfer of ownership shall be filed within thirty days

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§ 17.20.600

of the transfer of ownership of the building. The name and address of the owner to whom the building was transferred shall be provided.

• C. Upon the death of the permitholder, the executor or administrator of the estate shall file a notice stating the fact of the permitholder's death and the name and address of the person who has succeeded to the property. Such notice shall be filed within thirty days of the probate of the will or within ninety days of the death of the permitholder, whichever is first.

• (Ord. 22632.)

• A. The owner of a building for which a residential occupancy permit is required shall pay the application fee required pursuant to Section 17.20.530, the annual renewal fees required pursuant to Section 17.20.590, any reinstatement permit fees required pursuant to Section 17.20.670, and any inspection fees required pursuant to Section 17.20.550 as such fees are set forth in the schedule of fees established by resolution of council.

• B. In the event payment has not been received after thirty days from the date the notice to pay was mailed, an additional penalty assessment, pursuant to the schedule of fees as adopted by resolution of the city council, shall be added to the required residential occupancy permit fee.

• C. Failure to pay the fee required pursuant to this chapter shall not excuse the permitholder from the responsibility of ensuring compliance with the other provisions of this chapter.

• (Prior code § 5512.7; Ords. 20659, 21033, 21049, 21295, 22632.)

The residential occupancy permit shall be issued for a one year period commencing on the date of the issuance of the permit unless earlier revoked. (Prior code § 5512.3; Ords. 20659, 22632.)

The person to whom the residential occupancy permit is issued shall display it in a conspicuous place in the building to which it pertains so that it may readily be seen by the residents of the building and any representative of the city with authority to enforce the provisions of this chapter. (Prior code § 5512.4; Ords. 20659, 22632.)

A residential occupancy permit may be revoked for any of the following causes:

• A. Fraud, willful misrepresentation, or any willful inaccurate or false statement in any materials submitted in the application for a new permit, renewal of an existing permit or in the information required to be submitted pursuant to the chapter;

• B. Failure to submit any information required for a new permit or renewal;

• C. Failure to pay any fees required pursuant to this chapter;

• D. Failure to comply with any provision of this Code as specified in Section 17.20.540; or

• E. The creation or maintenance of any public nuisance as defined by Section 17.20.910 of this Code.

• (Ord. 22632.)

• A. Whenever it is determined that revocation of the permit is necessary, the director of neighborhood preservation shall issue by mail a notice of intent to revoke to the permitholder.

• B. The notice of intent to revoke shall contain the following information:

  1. The street address of the building which is the subject of the residential occupancy permit, the residential occupancy permit number, and the name of the permitholder to whom the residential occupancy permit was issued;

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2. A statement of the reasons for the intended revocation;

3. A statement that the permitholder may protest the intended revocation of the residential occupancy permit in accordance with Part 2 of Chapter 17.02, and specifying the time, date and place of the hearing on the intended revocation; and

4. A statement advising that failure to appear at such hearing constitutes a failure to exhaust the administrative remedies available to the permitholder.

(Ord. 22632.)

• D. Any fee for reinstatement of the permit and any other required fees have been paid.

• (Ord. 22632.)

The director of neighborhood preservation may order the restriction from use or occupancy of any building which is occupied in violation of this part. Such restriction from use or occupancy shall be in accordance with Part 5 of Chapter 17.02. (Ord. 22632.)

Part 9

SUBSTANDARD HOUSING

Any project of the intended revocation of a residential occupancy permit shall be in accordance with Part 2 of Chapter 17.02, except that:

• A. The notice of intent to revoke shall be in the form specified in Section 17.20.650; and B. Service of such notice is required only for the permitholder as disclosed on the records of the department of neighborhood preservation.

(Ord. 22632.)

Sections:

• 17.20.920 General obligation.

• 17.20.930 Substandard buildings - Summary abatement.

• 17.20.940 Summary abatement - Imminent danger.

• 17.20.950 Abatement procedures.

• 17.20.960 Abatement actions by city.

• Any permit which has been revoked may be reinstated upon compliance with the following:

  • A. The permitholder applies for a reinstated permit in accordance with Section 17.20.530;

  • B. The building is inspected pursuant to Section 17.20.550;

  • C. The permitholder appears before the commission designated in Section 17.02.160 and demonstrates to the satisfaction of the commission and the commission finds that:

    1. The conditions which resulted in the revocation of the permit have been corrected; and

    2. The building is in compliance with all provisions of this chapter: and

17.20.970 Procedures of this chapter - Cumulative.

Housing, for purposes of this chapter, includes buildings, structures, or portions thereof used or designed or intended to be used, for human habitation or the property on which such building is located. Any housing in which there exists any of the following listed conditions is hereby deemed and declared to be a substandard housing:

• A. Inadequate Sanitation/Ventilation/Space Requirements. Inadequate sanitation, ventilation and space requirements shall include, but not be limited to, the following as specified in this Code:

  1. Lack of, or inadequate water closets, lavatories, bathtubs or showers;

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2. Lack of required kitchen sink or kitchen sink which does not comply with the San José Municipal Code;

3. Lack of hot and cold running water to plumbing fixtures;

4. Lack of adequate heating;

5. Lack, or improper operation of required ventilating equipment;

6. Lack of minimum amounts of natural light and ventilation as required by all applicable laws in effect at the time of construction;

7. Inadequate room and space dimensions as required by all applicable laws in effect at the time of construction;

8. Lack of required adequate electricity and lighting;

9. Dampness of habitable rooms;

10. Infestation of insects, vermin or rodents;

11. Lack of connection to required sewage disposal system;

12. Lack of adequate garbage and rubbish storage and removal facilities.

• B. Structural Hazards. Structural hazards shall include, but not be limited to the following:

  1. Deteriorated or inadequate foundations, or foundation areas which are not provided with adequate drainage;

  2. Defective or deteriorated flooring or floor supports;

  3. Flooring or floor supports of insufficient size to carry imposed loads with safety;

  4. Members of walls, partitions, or other vertical supports that split, lean, list or buckle due to defective material or deterioration;

  5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

  6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration;

  7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

  8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;

  9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

• C. Hazardous Wiring. Wiring which does not conform with all applicable laws in effect at the time of installation and/or which has not been maintained in good condition and is not being used in a safe manner.

• D. Hazardous Plumbing. Plumbing which does not conform with all applicable laws in effect at the time of installation and/or which has not been maintained in good condition and which is not free of crossconnections and siphonage between fixtures.

• E. Hazardous Mechanical Equipment. Mechanical equipment, including vents, which does not conform with all applicable laws in effect at the time of installation and/or which has been not maintained in good and safe condition and is not working properly.

• F. Faulty Weather Protection. Faulty weather protection, which shall include, but not be limited to the following:

  1. Deteriorated, crumbling, or loose plaster;

  2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

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3. Defective or lack of weather protection for exterior wall covering, including lack of paint, or weathering due to lack of paint or other approved protective covering;

4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.

• G. Fire Hazard/Inadequate Fire Protection.

  1. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

  2. All buildings, or portions thereof, which are not provided with fireresistive construction or fire extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction, and whose fire-resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

  3. Lack of adequate fire detection systems as required by Chapter 17.20.

• H. Faulty Materials of Construction. Materials of construction which are not specifically allowed or approved by this Code and the building code, and/or which have not been adequately maintained in good and safe condition.

• I. Hazardous or Unsanitary Premises. Those premises on which an accumulation of weeds, vegetation, refuse, dead organic

matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health or safety hazards.

• J. Inadequate Maintenance.

  1. Any building or portion thereof which is determined to be an unsafe building in accordance with the building code.

  2. General dilapidation or maintenance which is inadequate to maintain minimum standards of sanitation, health or safety.

• K. Unhealthy Conditions. Any condition as defined in this Code which results in the failure to maintain minimum standards of sanitation, health or safety or which renders air, food or drink unwholesome or detrimental to health.

• L. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

• M. Improper Occupancy.

  1. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed and permitted to be used for such occupancies.

  2. All buildings or portions thereof which are occupied in excess of the maximum occupancy load allowed by any applicable provision of the San José Municipal Code or state law.

(Prior code §§ 5508.1 - 5508.15, 17.20.700; Ords. 20659, 21974.)

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Any building which is substandard is hereby declared and determined to be a nuisance. (Prior code § 5508.16, 17.20.710; Ords. 20659, 21974.)

• A. No person, firm, corporation whether as owner or agent thereof, lessee, sublessee, tenant or occupant shall construct, enlarge, alter (other than to repair), move, equip, use, occupy or maintain any substandard building or shall cause or permit the same to be done. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or any order issued pursuant thereto.

• B. In addition to subsection A, the owner, the agent and the manager for the owner of the building shall be responsible for:

  1. The repair, removal, reconstruction, correction or abatement of any condition which causes the building to be substandard even though the same or similar obligation is also imposed on the tenant or occupant of the building by the provisions of a lease or rental agreement. This provision will not apply if the obligation is imposed solely on the tenant or occupant by this Code or other applicable law.

  2. Maintaining the areas of the building occupied or controlled by such owner, agent and manager including the shared or public areas, in a clean, sanitary and safe condition.

• C. In addition to subsection A, the tenant, lessee, sublessee or occupant of any dwelling unit in the building shall be responsible for:

  1. Maintaining the dwelling unit in a clean and sanitary condition;

  2. Using reasonable care in the use and operation of required plumbing and other fixtures and maintain them in a clean and sanitary condition;

  3. Exterminating any insects, rodents or other pests whenever the dwelling unit is

the only one in the building infested, and the building is reasonably insect and rodent proofed;

4. Disposing of all garbage and refuse in compliance with the provisions of this Code;

5. Not placing on the premises any material which causes a fire hazard or otherwise endangers the health or safety of any occupants of the building;

6. Not storing on the premises any furniture, equipment or material which harbors insects, rodents or other pests; and;

7. Not allowing the dwelling unit to be occupied or used in any manner which violates this Code.

(Ord. 21974.)

Whenever any building has been found to be substandard, in addition to any other remedies available, the city manager may take summary abatement actions or commence proceedings to cause the building to be repaired, restricted from use or occupancy or otherwise abated in accordance with the procedures set forth in Chapter 17.02. Temporary corrective measures, when necessary, may be required prior to the time permanent repairs are instituted.

(Ord. 21974.)

Any substandard building or structure in which there exists a condition or defect which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants or members of the public is deemed to be a dangerous building. Such condition or defect may be summarily abated by the city manager in accordance with the provisions of Chapter 17.40. (Ord. 21974.)

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§ 17.20.1050

The city manager may institute procedures for abatement or summary abatement of substandard housing. The procedures set forth in Chapter 17.02 of this title shall apply to any such abatement. Costs for any abatement performed by or on behalf of the city shall be recovered by the city pursuant to the provisions of Part 4 of Chapter 17.02. (Ord. 21974.)

• B. Nothing in this provision shall be construed to limit any other right or remedy otherwise available to any party, nor shall this provision in any way limit the city's right to enforcement under any other provision of this Code nor shall it create a duty or obligation on the part of the city.

• (Ord. 21974.)

Part 10

• A. Any building or structure may be ordered restricted from use or occupancy when there are reasonable grounds to believe that such restriction is necessary to protect the life, limb, safety, health or property of the occupants or members of the public.

• B. If the city performs the abatement actions it shall repair and not demolish the substandard, building.

• (Ord. 21974.)

• A. Procedures used and actions taken for the abatement of substandard buildings are not limited by this chapter. Procedures and actions under this chapter may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings or structures.

• B. All substandard buildings or structures which are required to be repaired pursuant to the provisions of this chapter shall be subject to all provisions of the San José Municipal Code applicable to building construction and repair, zoning and the fire code.

• (Ord. 21974.)

Any tenant may institute a civil action against the property owner who creates or maintains substandard housing to obtain damages and/or require compliance with the requirements of this chapter.

• A. Damages shall include actual damages, costs, attorney's fees and a civil penalty of five hundred dollars in addition thereto.

NOTIFICATION OF FRANCHISE TAX BOARD OF SUBSTANDARD CONDITIONS OF RENTAL HOUSING

Sections:

• 17.20.1070 Initiation of procedure.

• 17.20.1080 Tax warning notice.

• 17.20.1090 Notice of noncompliance.

• 17.20.1100 Notification of franchise tax board of noncompliance.

• 17.20.1110 Termination of noncompliance - Notice of compliance.

• 17.20.1120 Appeal procedure.

• 17.20.1130 Grounds for appeal.

• 17.20.1140 Finding on appeal.

• 17.20.1150 Notice requirements.

• 17.20.1160 Exceptions.

• 17.20.1170 Notice of change in ownership.

• 17.20.1180 Report to city council.

• 17.20.1190 Nonexclusive action.

The City of San José intends to utilize the provisions of California Revenue and Taxation Code Section 24436.5 in order to encourage the elimina-

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tion of substandard conditions in rental housing. Said section provides for the disallowance for state income tax purposes of interest, depreciation, taxes or amortization deductions which are derived from ownership of rental housing which is not in compliance with the health, safety or building standard set by city ordinance or state law. These provisions may be initiated by any enforcement officer of the city in accordance with the procedures set forth in this part.

(Ord. 21974.)

Enforcement officer, as used in this part, shall mean any city employee with the duty to enforce city codes or state laws dealing with health, safety, fire or building standards.

(Ord. 21974.)

housing property which has been found by any enforcement officer to have conditions of noncompliance.

• B. The tax warning notice shall state the city manager's intention to report the conditions of noncompliance to the franchise tax board pursuant to the provisions of California Revenue and Taxation Code Section 24436.5 if full compliance with city codes and state laws is not achieved within six months of the date of the tax warning notice.

• C. The city manager may, on the basis of a violator's good faith efforts to correct a condition of noncompliance or for other good cause shown, extend the date of notification of noncompliance to the franchise tax board. Any such extension must be in writing and specify an alternate notification date.

• (Ord. 21974.)

• A. Whenever an enforcement officer determines that a property which is used for rental housing is in a condition of noncompliance with any city code or state law relating to health, safety or building standards, said officer may initiate the franchise tax board notification procedure by forwarding a report of noncompliance to the city manager. Said report shall specify all violations and include information about the number of tenants or rental units involved.

• B. Upon determining to utilize the provisions of this chapter, the city manager may request a coordinated inspection of the property by all departments with code enforcement responsibility. Each such department shall report any conditions of noncompliance to the city manager.

• (Ord. 21974.)

• A. The city manager may cause a tax warning notice to be issued to the owner of any rental

In the event the period specified in Section 17.20.1080 expires without full compliance, the city manager may cause a notice of noncompliance to be sent by certified mail to the violator stating the city's intention to notify the franchise tax board of the condition of noncompliance unless the property is brought to a condition of full compliance within ten days of the date of the notice of noncompliance or an appeal is filed with the city manager pursuant to Section 17.20.1120. (Ord. 21974.)

The director of neighborhood preservation may notify the franchise tax board of a rental property owner's noncompliance ten days after the date of the notice of noncompliance to the owner, unless the rental property has been placed in a condition of full compliance and such condition of compliance has been verified pursuant to Section 17.20.1110 or unless an appeal has been filed pursuant to Section 17.20.1120.

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§ 17.20.1150

If an appeal has been filed and denied by the San José appeals hearing board, the director of neighborhood preservation may notify the franchise tax board of the appellant's noncompliance upon notification by the secretary of the San José appeals hearing board of the board's action on appeal.

(Ords. 21974, 23287.)

Upon correction of all conditions of noncompliance, the property owner shall request that the city manager arrange verification inspections by appropriate code enforcement officers who will report their finding to the city manager.

If the property is found to be in full compliance by all inspecting departments, and the city manager has previously notified the franchise tax board of noncompliance pursuant to Section 17.20.1100, the city manager shall cause a notice of compliance to be sent to the property owner and the franchise tax board.

(Ord. 21974.)

The issuance of a notice of noncompliance or the failure to issue a notice of compliance under this part may be appealed by the owner of the property to the San José appeals hearing board by filing written notice of appeal with the director of neighborhood preservation within ten days of the action for which the appeal is taken. When a notice of appeal has been received by the director of neighborhood preservation for filing:

• A. The director of neighborhood preservation shall, within ten days after receipt of the notice of appeal, file the notice of appeal with the secretary of the board.

• B. The secretary of the board shall set the date for hearing and determination by the board which date shall not be less than ten days nor more than sixty days after the date on which the copy of the

notice of appeal was filed by the director of neighborhood preservation with the secretary of the board.

(Ords. 21974, 23287.)

The appeal shall be granted if the board finds:

• A. The rental building does not violate city codes or state laws dealing with health safety or building standards; or

• B. The director of neighborhood preservation is not authorized to send the notice of noncompliance to the franchise tax board under the terms of this part.

• (Ords. 21974, 23287.)

• A. Within a reasonable time after the board has concluded its hearing, it shall, by resolution set forth its findings and decision. The decision of the board shall be final, except as set forth in Subsection B below. The secretary of the board shall notify the director of neighborhood preservation of the decision and shall mail a copy of the decision to the appellant at the address shown for such purpose on the notice of appeal.

• B. For all relocation appeals to the board arising under California Health and Safety Code Section 33417.5 and Government Code Section 7266, the board shall transmit its findings and recommendations to the redevelopment agency board. The redevelopment agency board shall make a final decision on the findings and recommendations of the appeals hearing board.

• (Ords. 21974, 23287.)

• Notice requirements stated in this part shall be satisfied by mailing to the address of the property owner or owners as they appear on the latest available tax roll of the county assessor. If the property is owned by more than one owner, the notice requirements will be satisfied by mailing to one of the listed owners.

• (Ord. 21974.)

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§ 17.20.1160

A notice of noncompliance will not be mailed pursuant to Section 17.20.1090 if, upon evidence provided by the property owner, the city manager makes one of the following findings:

• A. The rental housing was rendered substandard solely by reason of earthquake, flood or other natural disaster and such condition has not existed for more than three years since the disaster; or

• B. The owner of the housing has secured financing and commenced necessary repairs to bring such housing into compliance; or

• C. The owner of rental housing has attempted to secure financing to bring such housing into compliance with state laws and city codes, and

  1. Such financing has been denied solely because such housing is located in a neighborhood in which financial institutions do not provide financing for housing rehabilitation; and

  2. The rental housing is neither an owner-occupied residence of less than five dwelling units nor is a nonowner-occupied residence of less than five dwelling units where the owner thereof has applied for a secured home improvement loan to improve this property from a financial institution.

• D. The rental housing is rendered substandard solely by the reason of a change in applicable state or local housing standards and such violations do not cause substantial danger to the occupants of such property, as determined by the city manager.

• (Ord. 21974.)

The owner of rental housing found to be in noncompliance shall, upon total or partial divesti-

ture of interest in such property, immediately notify the city manager of the name and address of the person or persons to whom the property has been sold or otherwise transferred and the date of the sale or transference. (Ord. 21974.)

On or before July 1 of each year, the city manager will report to the city council the following information, for the preceding calendar year, regarding the activities to secure code enforcement, which will be public information:

• A. The number of written tax warning notices issued for substandard dwellings under this part.

• B. The number of violations for which compliance was obtained within the period prescribed in Section 17.20.1080.

• C. The number of notices of noncompliance issued pursuant to this part.

• D. The number of appeals from those notices pursuant to this part.

• E. The number of successful appeals of owners.

• F. The number of notices of noncompliance mailed to the franchise tax board pursuant to this part.

• G. The number of cases in which a notice of noncompliance was not sent pursuant to the provision of Section 17.20.1160.

• H. The number of extensions for compliance granted and the mean average length of such extensions.

• I. The mean average length of time from the issuance of a tax warning notice to the mailing of a notice of noncompliance to the franchise tax board where such notice is actually sent to the franchise tax board.

• J. The number of cases where compliance is achieved after a notice of noncompliance has been mailed to the franchise tax board.

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• K. The number of instances of disallowance of tax deductions by the franchise tax board resulting from referrals made by the city. This information may be filed in a supplemental report in succeeding years as it becomes available.

mary abatement; notice of hearing on proposed abatement, administrative penalty, nuisance abatement cease and desist order or other administrative action, or the filing of a civil complaint or criminal citation or complaint.

(Ords. 24447, 25711.)

(Ord. 21974.)

No action taken under the provisions of this part shall preclude, delay or excuse code compliance requirements of the city. This part shall supplement and be in addition to all other remedies provided by other regulatory laws, codes or ordinances.

(Ord. 21974.)

Part 11

OWNER RELOCATION OBLIGATIONS

For purposes of this part, the term "notice of violation," in addition to a notice so labeled, means a notice, including but not limited to, a compliance order issued by the city stating that a unit, due to its substandard condition, is in violation of the housing codes or fire codes or stating that a unit shall be vacated because its existence, use or occupancy is unlawful under state law or Title 20 or Title 24 of this Code.

(Ords. 24447, 25711.)

Sections:

17.20.2000 Enforcement action.

17.20.2010 Notice of violation.

17.20.2020 Tenant.

17.20.2030 Owner.

17.20.2040 Unit.

17.20.2050 Displacement.

• 17.20.2060 Owner relocation obligations.

For purposes of this part, the term "tenant" in the singular or in the plural refers to a person or persons who rent or are otherwise in lawful tenancy of a unit under the terms of tenancy or with the knowledge or consent of the owner or the owner's agent.

(Ord. 24447.)

17.20.2070 Exemptions.

17.20.2080 Notice to tenants.

17.20.2090 Emergency relocation assistance.

17.20.2100 Temporary relocation assistance.

17.20.2110 Long-term or permanent relocation assistance.

For purposes of this part, the term "owner" means any person who holds legal title, in whole or in part, to a unit subject to this part. (Ord. 24447.)

• 17.20.2120 Additional relocation obligations.

17.20.2130 Right to reoccupy.

17.20.2140 Rent maintenance.

17.20.2150 Private right of action.

For purposes of this part, the term "enforceable action" means the issuance of a notice of sum-

For purposes of this part, the term "unit" means any dwelling or room which is the permanent or customary and usual residence from which a tenant is displaced.

(Ord. 24447.)

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§ 17.20.2050

A tenant is displaced for the purposes of this part if a unit must be vacated as provided in subsection A. or B.:

• A. Following an enforcement action and either:

  1. The owner or owner's agent requests the vacation because the unit is being rehabilitated to bring it into compliance with the provisions of this Code following the receipt by owner or owner's agent of a notice of violation; or

  2. The unit is being rehabilitated to bring it into compliance with the provisions of this Code cited in a notice of violation because substandard conditions interfere with the habitability of the unit and the city determines that the substandard condition affects the health and safety of the tenant; or

• B. Because the unit or the building which contains the unit has been ordered vacated either by the city or a court order due to the substandard condition of the unit or unlawful existence, use or occupancy of the unit under state law or Title 20 or Title 24 of this Code.

• (Ords. 24447, 25711.)

• A. An owner shall not be required to provide relocation assistance under this part if any of the following conditions are demonstrated:

  1. A tenant or a guest or invitee of the tenants:

     • a. Caused or substantially contributed to the substandard conditions cited in the notice of violation; or

     • b. Constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner; or

  2. The tenants are displaced as a direct result of a natural disaster, as such term is defined in Government Code Section 8680.3; and

     • a. The city determines that the actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit; and

     • b. The tenants were not already entitled to relocation assistance under the provisions of this part at the time of the disaster; or

3. The tenants are displaced as a result of a lawful eviction.

B. The owner shall have the burden of proving that any exemption in this section is applicable.

• (Ords. 24447, 25711.)

• A. When tenants are displaced, the owner of the unit shall provide relocation assistance to the tenants as specified in this part.

• B. Any payments required under this part shall be made by the owner directly to the tenants.

• (Ord. 24447.)

• A. A written summary of an owner's obligation and a tenant's rights under this part shall be attached to or included in any order to immediately vacate any unit or with any notice of violation and may be included with an enforcement action issued by the city.

• B. The owner shall deliver the summary of an owner's obligation and a tenant's rights under this part to tenants of all units subject to the enforcement action by personal delivery, or

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§ 17.20.2100

registered or certified mail within twenty-four hours of the receipt by owner or owner's agent of:

1. The enforcement action; or

2. The city or court order to vacate a unit.

C. In addition to the notices provided for in paragraphs A. and B. of this section, the city may post a copy of the summary of tenants' rights in a visible location on the building, property or unit subject to the notice of violation or city order to immediately vacate.

• D. Any notice required by this part to be delivered to tenants shall contain the following notice translated in Spanish, Vietnamese, Cambodian, Chinese, Korean, and Laotian in type of at least ten-point:

• "This Notice is Important. You May be Enti-

• tled to Relocation Assistance. Please Have it Translated. For more information, please call the City of San José, (Address and Phone Number)."

• (Ord. 24447.)

• A. Where an owner is required by a city or a court order to have unit vacated immediately, or where vacation is required to enable compliance with a notice of violation from the city with less than ten days notice because of imminent potential harm to the health and safety of tenants, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in Section 17.20.2100 or Section 17.20.2110 are provided.

• B. The owner, at owner's expense, shall provide the following relocation assistance and benefits under this section:

  1. Alternative safe and legal temporary housing for the tenants at no additional rent or cost to the tenants than previously paid by the tenants or the advance payment of the fair market rent as established by the most recent current U.S. Department of Housing and Urban De-

velopment schedule for fair market rents for a unit of comparable size in the same general area as the unit and other related costs for alternative safe and legal temporary housing for the tenants.

2. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement.

3. If the alternative housing required in this section does not contain furnishings, furnishings appropriate for the tenants in the alternative housing required in this section.

4. Reasonable security for all of the tenants' furnishings and other personal property remaining in the unit until the tenants reoccupy the unit.

• C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit.

• D. The relocation assistance required under this section shall be provided by the owner by the time of the displacement of the tenants.

• (Ord. 24447.)

• A. If tenants are displaced on a nonemergency basis, either because the existence, use or occupancy of a unit is unlawful or because of repair or rehabilitation of a unit, and the tenants are expected to be able to reoccupy the unit within sixty days from the date of displacement, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in Section 17.20.2110 are provided.

• B. The owner, at the owner's expense, shall provide the following relocation assistance and benefits under this section:

  1. Alternative safe and legal temporary housing for the tenants at no additional rent or cost than previously paid by the tenants or payment to the tenants of the

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§ 17.20.2100

  - difference between the rent paid on the unit and the fair market rent for alternative safe and legal temporary housing as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit for the tenant for the first thirty days of displacement and related costs and the full rent costs thereafter until such time as the owner's obligation terminates under Section 17.20.2110. 

2. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement.

3. Furnishings appropriate for the tenants in the alternative housing required in this section.

4. Reasonable security for all of the tenants' furnishings and other personal property remaining in the unit until the tenants reoccupy the unit.

• C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit.

• D. The owner shall provide advance written notice of the short-term displacement to the tenants by personal service or by certified mail not less than ten business days prior to any nonemergency short-term displacement. Displacement shall not occur during any period for which rent was due and paid.

• E. The relocation assistance required under this section shall be provided by the owner prior to the displacement of the tenants.

• (Ords. 24447, 25711.)

• A. If the owner anticipates that displacement shall continue or if displacement actually continues for more than sixty days, the owner shall provide to the tenants the relocation assistance required in this section.

• B. The owner, at the owner's expense, shall provide the following relocation assistance and benefits under this section:

  1. Alternative safe and legal housing for the tenants at no additional rent or cost than previously paid by the tenants for a period of three months from the date of displacement or payment to the tenants of replacement housing costs which shall be the greater of:

     • a. An amount equal to three months' fair market rent for an alternative housing unit, as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit; or

     • b. An amount equal to three months of the rental amount for the unit.

  2. If the tenant elects not to reoccupy the unit or if the unit cannot lawfully be reoccupied, return to the tenants any security deposit or cleaning fee not permitted to be retained by the owner under applicable law within the period specified under applicable law.

  3. Moving expenses of the tenants for any displacement under this section as set forth in a schedule established from time to time by resolution of the city council.

  4. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement for a maximum of three months from the date of displacement.

  5. Reasonable security for all of the tenants' furnishings and other personal property remaining in the unit for a maximum of three months from the date of displacement.

• C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit.

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ant's obligation to provide the owner with the information requested in Section 17.20.2130.C. and the consequences of the failure to do so.

• D. The relocation assistance required under this section shall be provided by the owner at least thirty days prior to the displacement of the tenants.

  • C. Unless the owner has provided the alternative temporary housing, within seven days after vacating the unit the tenants shall provide the owner with their current address to be used for future notification by the owner. Failure to provide such information in writing to the owner shall terminate their right to reoccupy the unit.

• E. The relocation assistance required by Sections 17.20.2090, 17.20.2100 and 17.20.2110 shall be cumulative.

• (Ords. 24447, 25711.)

• A. A displaced tenant and the owner may agree to alternatives to the relocation assistance required under this part only by a separate written agreement signed by the tenant and the owner which contains an acknowledgment by the tenant that the tenant has received a notice of the rights under this part and that the tenant understands those rights.

  • D. As soon as possible after the unit is available for the tenants to reoccupy the unit, the owner shall provide written notice to the tenants by personal delivery, or registered or certified mail, advising the tenants of the availability of the unit. The owner shall make the unit available to the tenant for a period of thirty days following the date the tenants receive notice of the availability of the unit. The notice shall include the current address of the owner or owner's agent to which the tenants must send a written statement of their desire to exercise the right to reoccupy the unit. The notice shall include a statement regarding the tenant's obligation to provide the owner with the information requested in Section 17.20.2130.E. and the consequences of the failure to do so.

• B. The relocation assistance required by the owner under this part shall be a separate requirement and obligation provided to tenants in addition to any other assistance, refunds or payments available under any other provisions of this Code or other applicable law.

• C. The relocation assistance required of the owner under this part shall not affect any rights of the owner under any other provisions of this Code or other applicable law.

• (Ord. 24447.)

• E. Within seven days after receipt of the notice of the availability of the unit, the tenants shall notify the owner in writing that the tenants are exercising the right to reoccupy the unit. Failure to so notify the owner shall terminate their right to reoccupy the unit.

• A. To the extent that a unit can legally accommodate the displaced tenants, the tenants shall have the right to reoccupy the unit from which the tenants were displaced when the substandard or otherwise unlawful conditions of the unit are corrected.

• (Ords. 24447, 25711.)

• B. On or before the time the tenant vacates the unit, the owner shall provide written notice by personal delivery, or registered or certified mail, advising the tenant of the right to reoccupy the unit once the substandard or otherwise unlawful condition is corrected. The notice shall include a statement regarding the ten-

  • A. If tenants exercise the right to reoccupy a unit as provided in Section 17.20.2130 of this part, the owner shall not increase the amount of rent paid by the tenants prior to the date of their displacement for a period of twelve months after the date the tenants reoccupy the unit.

• T17:123

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§ 17.20.2140

• B. This section shall not apply to any unit:

  1. That is subject to the provisions of Chapter 17.22 or Chapter 17.23 of this Code; or

  2. For which rent is subsidized by any government agency.

• 9 General Provisions 10 Regulations

• 11 Enforcement

Part 1

PURPOSE

• (Ord. 24447.)

Sections:

• A. Tenants who are displaced may bring an action against an owner for damages, injunctive or declaratory relief or any other appropriate action, in a court of competent jurisdiction to enforce the provisions of this part.

• B. Tenants who prevail in such an action shall be entitled to recover from the owner damages, including the relocation assistance provided for under this part; costs, including reasonable attorney fees; and such other relief as determined by the court. In addition to all other damages or other relief, the court may award the tenants a civil penalty of up to one thousand dollars for each violation of this part.

• C. The remedies provided by this part are in addition to any other legal or equitable remedies and are not intended to be exclusive.

• (Ord. 24447.)