Tenant Protections

San Jose City Council Supports Ordinance Limiting Section 8 Housing Discrimination


On Tuesday, December 11, San Jose City Council voted to support a number of tenant protections that will improve the lives of low-income and working-class families in their search for affordable housing. The Law Foundation Housing Team and attorneys have been diligently following these issues and advocating strongly on behalf of our most vulnerable communities. A number of our attorneys represented the Law Foundation at the City Council meeting and spoke in support of the following protections that passed:

  1. Prohibiting Source of Income Discrimination – Direct San Jose Housing Department Staff to bring back an ordinance preventing landlords from refusing to accept subsidies, such as Section 8 vouchers. Read more.

  2. Commercial Linkage Fee - This would require a study related to what fees are viable on commercial development that could be used for affordable housing.

  3. Added protections to the Tenant Protection Ordinance that include protections for domestic violence survivors, requiring notices about rent assistance, requiring postings related to immigration status, and allowing a person not convicted of a crime to move back in with family.

SJ Needs Housing Protections Against Income-Based Discrimination

San Jose is one of the most competitive housing markets in the U.S., which makes it difficult for families and individuals struggling to make ends meet to find safe and affordable housing. One way that low-income families find housing is through voucher program, such as the Section 8 program, where low-income tenants pay roughly 30 percent of their income toward rent and the remaining is paid by a government agency. The ultimate goal is to eliminate concentrations of poverty and provide low-income households with access to higher opportunity areas.

The voucher program helps families and individuals by offering a method of upward mobility that has been suppressed historically by racist housing policies and works to undo the damage of segregation. Where a family lives greatly determines their quality of life. Higher-opportunity neighborhoods have better access to nutritious foods, better schools, are more accessible to higher paying jobs, and have access to parks, libraries, and community centers.

The goal of eliminating poverty and creating opportunity can’t be fulfilled if landlords are allowed to discriminate against voucher holders, turning away tenants explicitly based on their source of income. In San Jose, many voucher holders aren't able to find housing. Many landlords flat out refuse to rent to a voucher holder, oftentimes based on stereotypes. By passing an ordinance prohibiting source of income discrimination, San Jose can ensure low-income families can find a place to live and pursue upward mobility.

In Santa Clara County, Section 8 vouchers are the most common form of subsidized housing, with about 17,000 participants. In San Jose specifically, participants are 84 percent people of color, 50 percent live with a disability, and 13 percent are families with children.

On Tuesday, December 11, San Jose City Council is voting on a list of additional tenant protections, including an ordinance prohibiting discrimination based on source of income, requiring landlords to consider anyone with a voucher just as they would any other tenant. Landlords would also be prohibited from using advertisements that specifically exclude tenants who have vouchers. Additionally, landlords would not be allowed to impose different terms and conditions on voucher participants, such as asking for higher rent amounts.

While landlords would still be able to consider legitimate reasons for not accepting a tenant, such as credit history or history of evictions, the ordinance would make it so that income-based discrimination is not allowed by law. This would help many families who face rejection after rejection, hung up phone calls from landlords, and missed appointments – all while their living situation remains in limbo.

A number of states have passed Source of Income Discrimination Protections including Connecticut, Maine, Massachusetts, New Jersey, North Dakota, Oklahoma, Oregon, and Vermont. And cities in California have joined as well with San Francisco, East Palo Alto, Santa Monica, Corte Madera all enacting protections prohibiting discrimination based on source of income. Studies have shown that voucher holders living in communities with source of income ordinances are more likely to find housing.

Law Foundation of Silicon Valley attorneys have been advocating for increased tenant protections, including a source of income anti-discrimination ordinance, because at the core of our work is a belief that safe and affordable housing is a right.  

Advocating for Stronger Rent Protections

Photo by Ramona Giwargis, Bay Area News Group

Photo by Ramona Giwargis, Bay Area News Group

Earlier this week, the San Jose City Council voted on whether or not to tie rent increases for rent-controlled units to the cost of living, capped at 5%. The Law Foundation, along with partners at the Silicon Valley Renters' Rights Coalition, packed into City Hall to defend past rent and tenant protection victories and urged City Council to vote "yes" on the measure to help stabilize rents for families in San Jose. 

The vote was close, but unfortunately, the City Council did not move forward with a measure to tie rent increases for rent-controlled apartments to the cost of living. However, tenants and community members successfully organized against landlords' attempts to water down San Jose's Apartment Rent Ordinance and Tenant Protection Ordinance, crucial housing protections for over 400,000 tenants in San Jose.

Many thanks to Council Members Sergio Jimenez, Raul Peralez, Don Rocha, Magdalena Carrasco, Tam Nguyen, and Sylvia Arenas for their support. The fight to preserve renter protections in San Jose continues next Spring 2018, when the Apartment Rent Ordinance returns to Council. See you there!  

Learn more about San Jose City Council's vote from The Mercury News.

Major Win for Mountain View Tenants

Photo by Nailah Morgank, KQED

Photo by Nailah Morgank, KQED

Last November, voters in Mountain View passed Measure V, aimed at stabilizing rents and providing just cause eviction protections for certain rental units.

Following the vote, the California Apartment Association (CAA) moved to sue the City to block the law from going into effect. That’s when the Law Foundation, along with Fenwick & West, the Stanford Community Law Clinic, and the Public Interest Law Project, stepped in to represent a group of Mountain View voters, tenants, and organizations.

In a major win for Mountain View tenants, the CAA dropped the lawsuit earlier this month.

Mountain View tenants will now be protected from unreasonable rent increases and unjust evictions. “This is a complete victory for the City of Mountain View and a critical win for Mountain View residents, including the most marginalized in our community,” said Nadia Aziz, senior attorney at the Law Foundation of Silicon Valley. “We were thankful to have Fenwick’s excellent support in ensuring Mountain View tenants do not have to live in fear of unfair rent increases and evictions.”