The Housing Department submitted an information memo to the Mayor and City Council regarding the Tenant Protection Ordinance.

On May 9, 2017, the City Council passed the Tenant Protection Ordinance and Urgency Ordinance, making immediate changes to the requirements for serving notices to vacate in San José.  The Tenant Protection Ordinance outlines twelve reasons for eviction that may be used by a property owner to legally evict tenants.  The Housing Department held its first community meeting on May 31, 2017, at the Roosevelt Community Center to educate the public on the Tenant Protection Ordinance.  Since then, there has been an increased number of questions from property owners and tenants on their rights and responsibilities under the Ordinance.  To respond to these questions and concerns, the information memo was provided along with a Frequently Asked Questions sheet update.  Additionally, the operation of specific provisions in the Tenant Protection Ordinance will be addressed in greater detail in the Tenant Protection Ordinance Regulations when finalized in the fall.

The Housing Department is hosting three upcoming community meetings to discuss the Tenant Protection Ordinance and the Apartment Rent Ordinance.  The City will be considering the following:

• A potential amendment to the Tenant Protection Ordinance to add criminal activity as a basis for eviction
• Consideration of amendments to the roommate clause
• Consideration of the modified Apartment Rent Ordinance including an option to lower the annual increase from 5% (no banking) to Consumer Price Index (CPI) with banking provision
• Options for a capital improvement pass-through
• Review of the hearing process for landlord and tenant petitions

Based on public comment, the Housing Department will make modifications to the draft ordinance.