San Jose Municipal Code Part 5 Rent Increase Limitations

Except as otherwise provided in this chapter, the rent of any rental unit may not be increased more than once in any twelve-month period.

(Ords. 22020, 22053, 22284.)

A. Whenever a landlord serves notice to a mobilehome owner or mobilehome tenant of a proposed rent increase which exceeds the amounts specified in Section 17.22.450, said notice shall include all of the following information:

1. The name of the mobilehome owner or mobilehome tenant occupying the rental unit which is the subject of the rent increase;

2. The mobilehome lot number or the mobilehome space number where the rental unit is located;

3. Notice that under the provisions of this chapter, the landlord is required to file a petition requesting a rent increase in excess of the amounts specified in Section 17.22.450;

4. Notice of the date the petition requesting a rent increase in excess of the amounts specified in Section 17.22.450 was filed with the city rental rights and referrals program;

5. Notice that the portion of the rent increase in excess of the amounts specified in Section 17.22.450 will not take effect until approved by an administrative hearing officer and a statement of the rent that will be in effect until such approval;

6. The current address and telephone number of the city rental rights and referrals program offices;

7. Notice that documentation supporting the proposed rent increase is on file with the city rental rights and referrals program and in the mobilehome park office;

8. The name and current address of the landlord to whom notices are to be sent; and

9. A statement of the proposed rent increase expressed both as an actual dollar amount and as a percentage of the then current base rent.

B. The notice shall be given to the mobilehome owners and mobilehome tenants within five working days from the date the landlord's petition requesting the increase is filed with the city rental rights and referrals program.

C. A copy of the notice shall be filed with the city rental rights and referrals program within five working days of service of the notice on the mobilehome owners or mobilehome tenants together with an affidavit of proof of service on such owners or tenants.

D. No rent increase in excess of the amounts specified in Section 17.22.450 shall be effective unless notice is given in accordance with the provisions of this section and such excess is approved by an administrative hearing officer.

(Ords. 22020, 22053, 22284, 26792.)

A. In order to facilitate the efficient operation of the administrative hearing process, anniversary dates for rent increases within a mobilehome park shall be consolidated as follows:

1. For the calendar years 1987 and 1988, there shall be no more than two anniversary dates for rent increases within a single mobilehome park.

2. For the calendar year beginning 1989, there shall be no more than one anniversary date for rent increases within a single mobilehome park.

3. Whenever a rent increase is proposed for a rental unit which was subject to a new rent pursuant to Section 17.22.380 less than twelve months prior to the consolidated anniversary date, such rent increase shall be subject to the provisions of Section 17.22.470.

B. This section shall not apply to anniversary dates of rent increases in connection with the rent or lease of a mobilehome owned by a person who is not the resident of the mobilehome. However, nothing herein shall preclude consolidation of anniversary dates for rent increases for the rent or lease of such mobilehome.

(Ords. 22284, 22470.)