San Jose Municipal Code Part 6 Evictions - Rent Stabilized Units

A. Copy of Notice of Termination to City. A copy of each and every Notice of Termination issued to a Tenant of a Rent Stabilized Unit shall be filed with the Director within three (3) days after the service thereof on the Tenant.

B. Supplement to Notice of Termination of Tenancy Filing. Until the Rent Stabilized Unit is first registered pursuant to the Regulations, the copy of the Notice of Termination provided to the Director, excluding copies of the Notice of Termination based on a three (3)-day notice to pay or quit, shall be accompanied by a "filing statement" from the Landlord or property manager, made under penalty of perjury, setting forth all of the following information in a form approved by the Director:

1. The amount of Rent that the Tenant Household being evicted is currently paying each month;

2. The date of the most recent Rent increase to the Tenant who has received the Notice of Termination;

3. The physical address of the Rent Stabilized Unit being vacated;

4. The names of the Tenants being evicted; and

5. Such other information as may be reasonably requested by the City.

C. Notice of Re-Rental to the City. Unless the Landlord is already obligated to re-register the Rent Stabilized Unit on vacancy or re-rental pursuant to the Regulations, once a Tenant Household has vacated a Rent Stabilized Unit, such Landlord shall be required to provide the Director with the following information in a form approved by the Director, subject to California Civil Code 1947.7, as amended:

1. The amount of Rent that the subsequent Tenant is actually paying each month; and

2. The physical address of the Rent Stabilized Unit; and

3. The name, of each subsequent Tenant; and

4. A copy of the written rental agreement (if any) between the Landlord and Tenant; and

5. The reason the prior Tenant vacated the Rent Stabilized Unit, if known; and

6. Such other information as may be reasonably requested by the City.

D. Use of Personal Information. Personally-identifying information about Tenants and Tenant Households received by the City pursuant to this Section shall be used for investigation and prosecution of violations of the Municipal Code or other applicable laws. Unless the City receives permission from such individuals, City staff shall not otherwise provide such information to third parties unless required to do so by law or court order. For so long as the City requires registry of rents and requires the Landlord to provide the name of present or former tenant, the following information, when required to be provided by and received from the Landlord is confidential and shall be treated as confidential information within the meaning of the Information Practices Act of 1977: the name of a present or former Tenant and any additional information provided concerning the Tenant.

E. Each Violation a Separate Violation. For purposes of assessing civil and criminal penalties, violations of the requirements set forth in this Section shall be considered separate violations of this Chapter.

(Ord. 30032.)