Bay Area/ San Jose

San Jose To Landlords: Many Older Apartments Capped At 5 Percent Rent Hikes

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Published on March 06, 2026
San Jose To Landlords: Many Older Apartments Capped At 5 Percent Rent HikesSource: San José’s Housing Department

San José’s Housing Department is reminding renters that in many of the city’s older apartment buildings, landlords cannot raise the rent more than 5 percent in a year. The department is also flagging California’s Tenant Protection Act as a separate set of limits and eviction rules that can stack on top of local protections.

As the San José Housing Department explains in its social media post, the reminder points renters to the city’s rental rights hub and lists the Rent Stabilization Program phone line for anyone with questions. The short post echoes the longer guidance on the city’s housing pages and gives contact information for tenants who think their building might be covered.

Who Is Covered By The Apartment Rent Ordinance

San José’s Apartment Rent Ordinance applies to apartment buildings with three or more units that were built and first rented before September 7, 1979, and the city says it covers roughly 38,000 apartments. Under the ordinance the maximum allowable increase is one 5 percent rent raise in any 12 month period, and tenants can file petitions or request hearings if they believe a rent increase or a service reduction is unlawful, according to the City of San José.

How State Law Can Stack With City Protections

California’s Tenant Protection Act (AB 1482) imposes a statewide cap that is generally 5 percent plus the regional Consumer Price Index, up to a 10 percent ceiling in a 12-month period, and it establishes just cause eviction protections for many covered units. The statute also lays out specific exemptions, such as recent construction and certain owner-occupied properties, and directs readers to the full bill text for the exact rules, according to California Legislative Information.

Evictions, Withdrawals And Relocation Rights

The Ellis Act allows owners to withdraw rental property from the market but requires them to follow state withdrawal rules, and local governments can add their own notice or relocation requirements to protect tenants. Minimum notice periods and relocation payments vary by jurisdiction, but many examples point to at least 120 days for most tenants and longer protections for seniors or disabled residents, as summarized by the City and County of San Francisco on its Ellis Act guidance page.

How To Check If Your Apartment Is Covered

If you are not sure whether your unit is subject to San José’s Apartment Rent Ordinance, the Housing Department’s rental rights pages include coverage guidance, a short quiz and an ARO fact sheet that walk through the rules. For direct help the city lists the Rent Stabilization Program phone line (408-975-4480) and an email address ([email protected]) on its rental rights pages, according to the City of San José.