Code Enforcement targets health and safety violations

San Jose, CA ---- Over the last year, the San José City Attorney’s Office has won 13 judgments against landlords and property owners for serious or chronic violations of health, safety, and building codes that present risk to their tenants.

Violators have paid penalties totaling over $150,000 to the city, and $74,000 has been recovered for tenants.  In addition, negligent landlords have been required to provide 582 hours of community service and attend a series of landlord education classes.

“No San Jose resident should have to live in substandard housing where their safety is at risk,” said San Jose Mayor Ron Gonzales.  “These legal settlements are a strong warning that we will not tolerate San José property owners who disregard the law.”  

According to San José City Attorney Richard Doyle, “We are aggressively enforcing the our codes that protect safe housing for all San Jose families and our city’s rent control ordinance.  There is no excuse for irresponsibility when it comes to people’s lives, whether violations are result of property owners deliberately evading the law, or simply from their ignorance.”

The city’s most recent settlement against San José landlords was reached last week when Judge Jack Komar found Gilbert and Cecilia Marosi guilty of twenty-three counts of contempt. The case involved six properties with a total of 24 units in the Richmond/Menker neighborhood in San Jose. The City Attorney’s Office initiated the case in December.  

The stipulated judgement and injunction for the Marosis included the following penalties:

§         120 hours of community service.

§         Civil penalties of $93,000 for code violations and rent control violations.

§         $21,876 in restitution paid to five tenants who suffered rent control violations.

§         Correct all existing code violations immediately.

§         Maintain conformity with all the laws and regulations regarding the management and maintenance of their properties.

§         Required to execute a contract with a city-approved professional property management company by June.

§         Prohibited from any harassment or retaliation of any tenant, including eviction.  

Other settlements won by the city over the last year include eleven contempt cases in the Santee area of San José that led to twelve property owners serving a total of more than 180 days of jail time among them.  These owners also have paid over $57,550 in penalties and $51,475 in restitution to tenants. They have been required to provide over 430 hours of community service and attend a total of 22 classes of landlord training. Finally, they have been required to correct all housing violations and blighted conditions.

“These settlements reflect our city’s continuing commitment to strong neighborhoods and safe homes in San José,” said Gonzales.  “Our real goal is to achieve better housing for San Jose families and compliance with building, health and safety codes by landlord.  That’s why penalties include community service and landlord training requirements along with fines and restitution.”

Last fall Gonzales created the Mayor’s Rental Housing Task Force to review and recommend additional measures to ensure the rights and responsibilities of both tenants and landlords, stabilize rental housing, and strengthen neighborhoods. The task force included housing developers, property owners, tenant advocates, and community leaders.

The task force recently submitted its recommendations to the mayor that included potential measures to expand tenant and landlord education, strengthen tenant notification requirements, clarify the city’s rent control ordinance, and step up code enforcement and penalties.

Gonzales anticipates submitting his recommendations based on the task force’s report to the City Council for consideration by June.

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