Santa Clara County Local Disclosures

This is a list of  local disclosures in Santa Clara County. This list may not comprehensively include every disclosure and it is still the responsibility of the individual agent to understand all local disclosures and laws that may apply in the transaction of real property they are conducting.

New Statewide Flood disclosure takes effect in 2018 

A new bill signed by Governor Jerry Brown in October will require landlords in the state of California to disclose in rental and lease agreements whether the property is located in a special flood hazard area as designated by FEMA , or an area of potential flooding…effective on all property rental agreements entered on or after July 1, 2018, tenants are made aware of potential flood risks for the property they will be inhabiting.  Read More.

Bay Area Air Quality Management District (BAAQMD)- Residential Fireplace Disclosure

Effective June 1, 2016, Regulation 6, Rule 3, Section 304 requires anyone who is selling, renting or leasing property in the nine counties of the Bay Area that has a wood-burning device to disclose health hazards of PM2.5. To comply with the requirements of the rule, the Air District prepared the enclosed “Residential Fireplace Disclosure.” Disclosures must be signed and dated by the buyer or renter upon receipt. Additional information on the health hazards of burning wood may be considered if approval is obtained from the Air District. All requests for approval to meet June 1, 2016 requirement must be received by May 1, 2016.

Click here to download the BAAQMD disclosure

Government Jurisdictions that BAAQMD covers.

San Jose – Apartment Rent Ordinances Disclosures

When selling or buying a rental property covered by the City of San Jose’s Apartment Rent Ordinance also known as the City’s “Rent Control Law” there are additional obligations the seller has to the buyer and the buyer has to the existing tenants.

  • If the property is withdrawing the property from the rental market they must follow the City’s Ellis Act Ordinance. They must pay relocation for existing tenants and notify the city they are withdrawing the property.
  • Any Owner of a Rent Controlled Property shall disclose to a potential buyer in writing, prior to the close of escrow that the property is subject to the Apartment Rent Ordinance. Upon request by the City, such Owner or former Owner shall provide the City with a copy of such written disclosure. Failure of an owner to make the disclosure shall in no way excuse a purchaser of a property under the Apartment Rent Ordinance from the responsibility or obligation under the City law.

San Jose – Street Tree Disclosure

Municipal Code: 13.28.410

During the sale or transfer of a residential real property, the seller must disclose to the buyer if the property complies with the city’s street tree maintenance and replacement requirements of Sections 13.28.130.B. and 13.28.190. The City disclosure form generally requires that the property must have one street tree for any adjacent street (if it is an interior lot) and at least three street trees if it is a corner lot.

Click here to download the Street Tree Disclosure

Click here to view the San Jose Tree Policy Manual

Saratoga – Connection to Public Sanitary Sewer or Inspection of Private On-Site Sewage Disposal System Upon Transfer of Ownership of Property

Municipal Code: 7-10.070 – Section B11-13.2

No person shall transfer or convey more than 50 percent of the ownership interest in any real property, residence, place of business, or other building, located within 200 feet of an available approved public sanitary sewer, and upon which a private on-site sewage disposal system exists, without first providing for connection to the approved public sanitary sewer to the satisfaction of the City, as a condition to close of escrow or transfer of ownership of the subject property. No person shall sell, transfer, or convey more than 50 percent of the ownership interest in any real property, residence, place of business, or other building located in excess of 200 feet of an approved public sanitary sewer, upon which a private on-site sewage disposal system exists, without first obtaining an inspection of the sewage disposal system and written report summarizing the results of the inspection.

Saratoga – Occupancy Inspections

Municipal Code: Article 16-71

Transfer of ownership of any real property, except a site having a single-family dwelling (detached dwelling unit, condominium or townhouse unit) as the main structure thereon requires an occupancy inspection. No transfer of ownership shall be invalidated as a result of the failure to arrange for a prior occupancy inspection, but such inspection may be initiated and conducted by the City at any time after discovery by the building official that the transfer has occurred. The obligation to take corrective action, as described in Section 16-71.040, shall be imposed upon the current owner of the real property or business. Occupancy inspections shall be conducted by the City upon a request and appointment being made by the owner or occupant of the real property or the owner or operator of the business. Where an occupancy inspection is being made in connection with the transfer of real property, the entire site to be transferred shall be inspected. Where the occupancy inspection is being made in connection with the establishment or transfer of a business or a change of use, the premises where such business or use is conducted shall be inspected. The occupancy inspection shall be made for the purpose of determining whether the real property or premises and the proposed use thereof comply with all applicable zoning regulations of the City, all applicable state and local building codes and regulations, all applicable federal, state and local statutes, ordinances, and rules and regulations pertaining to hazardous materials or hazardous wastes. Within 10 days after completion of the inspection, the building official shall issue an inspection report to the person who originally requested the inspection or to the owner of the property if no prior request was made. The report shall also be made available to any other person requesting a copy thereof. The inspection report shall be effective for a period of 18 months from the date of the report. If the intended transfer of ownership or establishment of business or change of use is not accomplished within such period of time, an updated report must be obtained from the building official. Upon a determination by the building official that a violation of any statute, ordinance exists, the building official may order such corrective work to be performed as he deems necessary or appropriate to protect the health or safety of the occupants of the structure and the general public. The corrective work shall be commenced and completed within such times as specified by the building official. Unless authorized by the building official, no business license may be issued or change of use established until the corrective work has been completed to the satisfaction of the building official.

Sunnyvale – Storm Water Management, Agreement to Maintain

Municipal Code: Chapter 12.60.200

Any land owner of a property which has been required under Chapter 12.60 (generally projects greater than 10,000 square feet of construction of any impervious space since 2001, greater than 5,000 square feet after December 1, 2011, and greater than 2,500 square feet after December 1, 2012) to construct or install and maintain such best management practices (structural device, measure, facility, or activity) shall, upon transferring ownership of such property, provide the new owners with a current copy of chapter 12.60, and shall inform the new owners in writing of their obligation to properly operate and maintain such stormwater treatment and/or source control best management practice.