City of San Diego Residential Tenant Utility Fee Ordinance
- Purpose
- The Residential Tenant Utility Fee ordinance (O-21987) went into effect on August 17, 2025. The Ordinance ensures fairness, equity, and transparency in how landlords charge City of San Diego tenants for City-Provided utility fees (water, sewer, stormwater, and trash/recycling).
- It does not apply to SDGE, private companies contracted with City to pick up trash, internet, cable, and other utilities not provided directly by the City of San Diego.
- Limits on Utility Fees
- Landlords can only charge tenants for utility fees up to the actual amount the landlord pays for the tenant’s utility services.
- Landlords cannot charge more than what they pay for those services.
- Lawful late fees for unpaid utility fees are allowed, unless the amount is unreasonable and excessive.
- Notice Requirements
- Landlords must provide written notice to tenants before charging utility fees. This can be:
- In the lease agreement, or
- By delivering or mailing a written notice at least 30 days before charging the fee.
- If landlords were already charging utility fees before the ordinance, they must provide written notice within 90 days of the ordinance taking effect, i.e. no later than November 15, 2025.
- Notices must inform tenants of their rights, including the right to see utility bills and calculations upon request.
- Right to Documentation
- Upon written request, tenants have the right to receive, within 10 days:
- A copy of the landlord’s utility or tax bill, or
- A copy or link to the tax roll billing report (if fees are collected on the County tax rolls).
- If a single bill covers multiple tenants, the landlord must also provide the calculations used to allocate fees.
- Third-Party Billing
- If a third-party service provider is used to bill or collect utility fees, any costs passed on to the tenant must be clearly itemized.
- Tenants have the right to see invoices or receipts supporting these charges.
- Enforcement and Remedies
- Tenants can take legal action if their rights under this ordinance are violated.
- Remedies include asking the court to enforce the ordinance, monetary damages (including punitive damages), and other legal remedies.
- Landlord’s failure to comply with the ordinance may provide an eviction defense if tenants are being evicted for nonpayment of utilities covered by the ordinance.
- The ordinance integrates San Diego Municipal Code enforcement rules to ensure compliance and deter violations. Tenants my file complaints with San Diego City Attorney Housing Protection Unit.
- Additional Protections
- These rights are in addition to any protections provided by state or federal law.
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