Rentals in San Jose>Question Details

Matt Craven, Renter in San Jose, CA

are their apartments in San Jose excluded from rent control and why?

Asked by Matt Craven, San Jose, CA Fri Oct 28, 2011

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Hi Matt and thanks for your post.

Unlike other big cities, rent control in San Jose only exists for those apartments built and rented before September 1979. Apartments rented after September 1979, as well as single family homes, duplexes, condominiums, school dorms, hotels, government owned and operated housing, and short term rent units (such as 30 day tenant units) are exempt from rent controls.

To be frank, rent control is a massive disincentive for the creating of transitional or temporary housing in areas where such housing is required. If you artificially set the rent increase at 8% (which is the amount under the current codes), it leaves the landlord with little opportunity to pay for the costs of operating the building as well as make a profit, and let's be truthful, landlords do not hold property to LOSE money, but to make or to retain it.

While rent control is every renter's ideal housing situation, such restrictions prevent the owner from making much needed repairs or ensuring that the apartment, as well as the neighborhood, retains its value through maintenance and upkeep. Also, living in the valley is an expensive proposition--that just a fact of life, and one that the City of San Jose even had to admit back in 1979, when the rent control laws were modified to not apply to homes rented after 1979.

Rental pricing is controlled by the market pressures, which is how it should be for all items that are purchased or sold. If there are many homeowners buying homes, then rents become cheaper. But if, as is the case right now, many homeowners are being displaced or must find alternate housing, then the price of housing can skyrocket so that, for many, buying a house becomes more attractive than renting.

If you are interested in rental housing, the City of San Jose's Housing Department has a list of some of the homes currently subject to rent controls. Otherwise, anticipate that rental prices, like all costs, will fluctuate with the market.

Good luck!!

Grace Morioka
Area Pro Realty-People's Choice
0 votes Thank Flag Link Fri Oct 28, 2011
Hi Matt,
Not every apartments in San Jose are subject to rent control. You need to check with the propety manager of the apartment you are interested in to see if they are.

Have a good weekend.
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0 votes Thank Flag Link Fri Oct 28, 2011
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