Item-1.-Calling-for-Election-Election-Consolidation-Candidate-Statements-and-Initiative-Measure

SPECIAL TOWN COUNCIL MEETING

STAFF REPORT
SPECIAL AGENDA ITEM #1
MEETING DATE: May 29, 2024
PREPARED FOR: Mayor and Town Council
PREPARED BY: Town Manager Heather Abrams and Town Attorney Janet Coleson SUBJECT: Adopt Resolutions Calling for a General Municipal Election to be held on November 5, 2024, for the Election of Certain Officers, Requesting the Marin County Board of Supervisors to Consolidate with any other Election Conducted on that Date and Requesting Election Services of the County Elections Department, and Adopting Regulations for Candidate Statements; Adopt a Resolution Submitting to the Qualified Voters of the Town of Fairfax on the November 5, 2024, General Municipal Election Ballot an Initiative Measure Amending the Town Code Regarding Just Cause Eviction and Rent Stabilization Standards in the Town of Fairfax

RECOMMENDATION
Adopt the Resolutions.

BACKGROUND
This is an important and routine agenda item in which the Council will place items on the November ballot. Each of these items have been previously determined to belong on the November ballot. This agenda item has four parts and four attached resolutions: 1) regular election of three Council Members, as discussed in more detail below, 2) regulating candidate statements, 3) consolidation of the election with the Marin County Elections Office, and 4) officially placing a voter initiative (regarding rent stabilization and just cause eviction) on the November ballot, as Council directed on August 2, 2023.

Council Election
The Town of Fairfax has seven elected offices: five Town Councilmembers, a Town Treasurer, and a Town Clerk. The Town holds its municipal elections in November of even-numbered years to elect three Councilmembers one year and two Councilmembers, the Town Treasurer, and Town Clerk two years later.

The term of office is four years.

California Government Code Section 36503 and California Elections Code Section 1000(c) authorize a regular municipal election to be conducted on November 5, 2024. Sections 10002, 10403, and 10418 of the California Elections Code authorize the Town Council to request the County of Marin Board of Supervisors to permit the County Elections Official to render specified services relating to the conduct of the election on a reimbursable basis. The County of Marin has the resources to conduct an election for all local municipalities and special districts in the most cost-effective manner and has routinely provided the Town with this service.
2 DISCUSSION
The terms of three Councilmembers will expire upon the certification of the November 5, 2024, election, leaving three Town Council seats up for election, each for a four-year term.

The filing timeline for candidates and incumbents is as follows:
• July 15 - August 9: Nomination Filing Period: Candidates (including incumbents) must pick up and file nomination papers and all required and optional documents from the Clerk’s Office during this period.
• August 14: Extended Filing Deadline: If an incumbent does not file by August 9, the deadline for non-incumbents to file is extended to August 14.

FISCAL IMPACT
The Marin County Registrar of Voters has tentatively estimated the cost of this election to be between $2.00 and $3.00 per registered voter. The average per-voter cost is based on the number of agencies participating in the consolidated election. Each agency’s specific share is calculated by the Elections Office based on the number of its registered voters and the number of offices and measures on the ballot.

Fairfax currently has 5,781 registered voters. The Town has budgeted $10,000 for the election in the general fund to cover the cost of this election.

ATTACHMENTS
A. Resolution Calling for a General Municipal Election to be Held on Tuesday, November 5, 2024, For the Election of Certain Officers as Required by The Provisions of the Laws of the State of California Relating to General Law Cities and Towns
B. Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statements Submitted to the Voters at The General Municipal Election to be Held on November 5, 2024.

C. Resolution Requesting the Board of Supervisors of the County of Marin to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on that Date Pursuant to §10403 of the California Elections Code D. Resolution Submitting to the Qualified Voters of the Town of Fairfax on the November 5, 2024, General Municipal Election Ballot an Initiative Measure Amending the Town Code Regarding Just Cause Eviction and Rent Stabilization Standards in the Town Of Fairfax; Requesting the County of Marin to Consolidate Said Election with the Statewide General Election of Even Date; and Setting Rules and Deadlines for Arguments and Rebuttals for and Against the Measure. -1-

ATTACHMENT A
RESOLUTION NO. 24-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES AND TOWNS
WHEREAS, pursuant to the provisions of Section 2.04.010 of the Fairfax Town Code, a General Municipal Election shall be held on November 5, 2024, for the election of three members of the Town Council, each for the full term of four (4) years.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Fairfax, California, as follows:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That pursuant to the requirements of the Fairfax Town Code, and the laws of the State of California relating to elections; there is called and ordered to be held in the Town of Fairfax, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing three members of the Town Council, each for a full term of four (4) years.

SECTION 3. That the Town Clerk is authorized, instructed, and directed to coordinate with the County of Marin Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 5. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Marin and in compliance with the Elections Code of the State of California.

SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. That notice of the time and place of holding the election is given and the Town Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 8. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the Town Council, in accordance with California Elections Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 9. Pursuant to Section 10263 of the California Elections Code, the canvass of the General Municipal Election is ordered to be made by the Town Clerk. The Town Clerk may designate the Registrar of Voters of County of Marin to conduct and complete the canvass. -2-

ATTACHMENT A
SECTION 10. The Town Council authorizes the Town Clerk to administer said election and all reasonable and actual election expenses shall be paid by the Town upon presentation of a properly submitted bill.

SECTION 11. The Town Clerk is hereby directed to file a certified copy of this resolution with the County of Marin Board of Supervisors and the County of Marin Registrar of Voters.

ADOPTED ON MAY 29, 2024.

ATTEST:
__________________________ ________________________________

BARBARA COLER CHRISTINE FOSTER

MAYOR DEPUTY TOWN CLERK
I, Christine Foster, Deputy Town Clerk of the Town of Fairfax, hereby certify that Resolution No. 24-__ is a full, true, and correct copy, and was duly adopted at a special meeting of the Town Council of the Town of Fairfax on Wednesday, May 29, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Fairfax, California, on ___________________.

CHRISTINE FOSTER

DEPUTY TOWN CLERK
1 ATTACHMENT B
RESOLUTION NO. 24 - ___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S

STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024.

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of the local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

THE TOWN COUNCIL OF THE TOWN OF FAIRFAX DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. GENERAL PROVISIONS.

Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Town of Fairfax General Municipal Election to be held on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the Town Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate.

The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten form in the office of the Town Clerk at the time the candidate’s nomination papers are filed.

The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

The Town Clerk is NOT permitted to edit any material contained in candidate statements. Candidates are responsible for proofreading spelling, punctuation, and grammar. Since the statement cannot be changed after it is submitted, it is important for candidates to carefully prepare and proofread their statements. The Town Clerk shall not cause to be printed or circulated any statement which the Town Clerk determines does not comply with the provisions of the Elections Code. The Town Clerk, in his or her sole discretion, after first attempting to consult with the candidate, may strike or modify the portion or portions of the candidate statement that is not in compliance and thereafter cause to be printed and circulated the candidate’s statement as redacted or modified.

SECTION 3. MISCELLANEOUS.
a. All translations shall be provided by professionally certified translators. b. The Town Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 4. ADDITIONAL MATERIALS.

No candidate will be permitted to include additional materials in the voter information guide.

Resolution No. ____

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SECTION 5. PAYMENT.

The candidate shall be required to pay for the cost of translating the candidate’s statements into any required foreign language pursuant to Federal and/or State law.

The candidate shall be required to pay for the cost of printing the candidate’s statement in English and any foreign language as required in the voter information guide.

The Town Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City, his or her estimated pro rata share as a condition of having the candidate statement included in the voter information guide.

The estimate is just an approximation of the actual costs that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Town Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost.

SECTION 6. The Town Clerk is directed to provide each candidate or the candidate’s representative with a copy of this Resolution at the time nomination papers are issued.

SECTION 7. All previous resolutions adopting regulations for candidate statements are repealed.

ADOPTED ON MAY 29, 2024.

ATTEST:
__________________________ _______________________________

BARBARA COLER CHRISTINE FOSTER

MAYOR DEPUTY TOWN CLERK
I, Christine Foster, Deputy Town Clerk of the Town of Fairfax, hereby certify that Resolution No. 24-__ is a full, true, and correct copy, and was duly adopted at a meeting of the Town Council of the Town of Fairfax on Wednesday, May 29, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Fairfax, California, on ___________________.

CHRISTINE FOSTER

DEPUTY TOWN CLERK
1 ATTACHMENT C
RESOLUTION NO. 24-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF MARIN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, on May 29, 2024, the Town Council of the Town of Fairfax adopted Resolution No. 24-____, calling a General Municipal Election to be held on November 5, 2024, for the purpose of electing three members of the Town Council, each for a full term of four years; and WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the Town the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Marin canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

WHEREAS, all necessary expenses in performing these services shall be paid by the Town of Fairfax.

THE TOWN COUNCIL OF THE TOWN OF FAIRFAX DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Marin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of electing three members of the Town Council, each for a full term of four years.

SECTION 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.

SECTION 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 5. That the Town of Fairfax shall reimburse the County of Marin for all services performed when the work is completed and upon presentation to the Town a properly approved bill.

SECTION 6. The Town Clerk is directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters for the County of Marin.

SECTION 7. Certification. The Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Resolution No. 2024-___

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ADOPTED ON MAY 29, 2024.

ATTEST:
__________________________ ________________________________

BARBARA COLER CHRISTINE FOSTER

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Fairfax, California, on ___________________.

CHRISTINE FOSTER

DEPUTY TOWN CLERK
Town of Fairfax
Resolution No. 2024-___

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1 ATTACHMENT D
RESOLUTION NO. 24-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE TOWN OF FAIRFAX ON THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION BALLOT AN INITIATIVE MEASURE AMENDING THE TOWN CODE

REGARDING JUST CAUSE EVICTION AND RENT STABILIZATION STANDARDS IN THE TOWN OF FAIRFAX; REQUESTING THE COUNTY OF MARIN TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE.

WHEREAS, pursuant to authority provided by the California Elections Code, a petition has been filed with the Town Council of the Town of Fairfax, seeking to enact an initiative measure/ordinance which would repeal the Town’s current Just Cause Eviction Ordinance and Rent Stabilization Ordinance and replace them with just cause eviction and rent stabilization standards in the California Tenant Protection Act of 2019 and prior Town Code (the “Measure” or “Ordinance”); and WHEREAS, pursuant to California Elections Code section 9215, an initiative petition must be in filed with the Town in valid form and signed by not less than ten percent (10%) of the registered voters of the Town in order to qualify the Measure for the ballot; and
WHEREAS, the Town Clerk, through the Marin County Registrar of Voters, has certified that the form of the petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Measure for the ballot under the Elections Code; and
WHEREAS, the Town Council has not voted in favor of adoption of the Measure without alteration; and WHEREAS, the Town Council is therefore authorized and required by California Elections Code Sections 1405 and 9215 to submit the proposed Measure to the voters at either (i) the Town’s next regular election occurring not less than 88 days after the date of the order of election, or (ii) at a special election held not less than 88 days nor more than 103 days after the order of the election; and WHEREAS, the “next regular election” is the Town’s General Municipal Election to be held on Tuesday, November 5, 2024; and
WHEREAS, the City Council desires to place the Measure before Fairfax voters at the November 5, 2024 General Municipal Election; and
WHEREAS, the specific terms of the Measure are attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, that within the Town the precincts, polling places, voting centers and election officers of the two elections be the same, that the Marin County election department canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election; and
Town of Fairfax
Resolution No. 2024-___

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2 ATTACHMENT D
WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The Town Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ballot Measure. The Town Council of the Town, pursuant to its right and authority as contained in California Elections Code Sections 1405 and 9215, hereby orders the Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the Town at a General Municipal Election to be held on Tuesday, November 5, 2024. The proposed Measure shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The Town Council, pursuant to its right and authority, does hereby order that the ballot question for the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
"Shall a measure be adopted to amend the Fairfax Town
Code to repeal the Town’s current Just Cause Eviction
Ordinance and Rent Stabilization Ordinance and replace
them with just cause eviction and rent stabilization
standards in the California Tenant Protection Act of 2019 and prior Town Code?"
YES
NO
SECTION 4. Election Procedures.

A. The ballots to be used at the election shall be in the form and content as required by law.

B. Pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Marin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters the questions relating to the Town’s Measure.

C. The election services which the Town of Fairfax requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers and election officers; the preparation, printing, mailing and furnishing of vote-by-mail ballots; making such publications as are required by law in connection Town of Fairfax
Resolution No. 2024-___

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3 ATTACHMENT D
therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for polling places or voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the Town Clerk of the Town of Fairfax; and the performance of such other election services as may be requested by the Town Clerk.

D. The Town Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of Marin, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of Marin, except as otherwise provided in the Elections Code of the State of California.

F. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the Town.

G. Notice of the time and place of holding the election is given and the Town Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

H. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

I. The Marin County Registrar of Voters is hereby authorized to canvass the returns of said election.

J. The Town Clerk of the Town of Fairfax shall receive the canvass from the County as it pertains to the election on the Measure, and shall certify the results to the Town Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The Town Council authorizes (i) the Town Council or any member(s) of the Town Council, (ii) the proponents of the above Measure, (iii) any individual voter eligible to vote on the above Measure, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including Monday August 19, 2024 by 4:00 p.m. after which no arguments for or against the Measure may be submitted to the Town Clerk.

Arguments in favor of or against the Measure shall each not exceed 300 words in length.

Each argument shall be filed with the Town Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The Town Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the Town of Fairfax
Resolution No. 2024-___

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4 ATTACHMENT D
selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the Town Council directs the Town Clerk to transmit a copy of the Measure to the Town Attorney. The Town Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The Town Attorney shall transmit such impartial analysis to the Town Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the Town Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the election official’s office at (415) 458-2343 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 5 shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various Town initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the Town Clerk not later than Monday August 26, 2024, at 4:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Measure at no cost, upon request made to the Town Clerk.

SECTION 8. Delivery of Resolution to County. The Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The Town Council directs the Town Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Marin County and to the Registrar of Voters of Marin County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted Town of Fairfax
Resolution No. 2024-___

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5 ATTACHMENT D
for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The Town Council hereby finds and determines that placement of the Measure on the ballot is not a discretionary action of the Town Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Town Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

ADOPTED ON MAY 29, 2024.

ATTEST:
__________________________ ________________________________

BARBARA COLER CHRISTINE FOSTER

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Fairfax, California, on ___________________.

CHRISTINE FOSTER

DEPUTY TOWN CLERK
Town of Fairfax
Resolution No. 2024-___

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6 ATTACHMENT D
EXHIBIT “A”
ORDINANCE NO. 2024-____

AN ORDINANCE OF THE PEOPLE OF THE TOWN OF FAIRFAX, CALIFORNIA, AMENDING CHAPTERS 5.54 AND 5.55 OF DIVISION II OF TITLE 5 OF THE FAIRFAX TOWN CODE TO REPEAL THE TOWN’S JUST CAUSE EVICTION ORDINANCE AND RENT STABILIZATION ORDINANCE AND

REPLACE THEM WITH JUST CAUSE EVICTION AND RENT STABILIZATION STANDARDS IN THE CALIFORNIA TENANT PROTECTION ACT OF 2019
THE PEOPLE OF THE TOWN OF FAIRFAX, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. TITLE. This Initiative shall be known and may be cited as the “Keep Fairfax Fair Act” (referred to hereinafter as the “Initiative”).

SECTION 2. FINDINGS AND CONCLUSIONS. The People of the Town of Fairfax (the “Town”) declare their findings and purposes in enacting this Initiative to be as follows:
(a) In 2019, California passed Assembly Bill 1482 - the Statewide Tenant Protection Act. On November 2, 2022, the Fairfax Town Council passed two far more severely restrictive ordinances known as ‘Just Cause’ and ‘Rent Stabilization’ without any input from housing providers, or a vote by the citizens of Fairfax. The Council’s new ordinances have already reduced demand for all property types in town, including single-family homes, according to local realtors, lowering values by reducing the pool of buyers willing to own here.
(b) The Keep Fairfax Fair Act is an initiative which brings the decision of additional rent controls and just cause back to the citizens of Fairfax. To that end, the Initiative:

1. Repeals Chapter 5.54 of the Municipal code, Just Cause Eviction, as enacted by the Fairfax Town Council on November 2, 2022;

2. Provides that California's existing "just cause" provisions, part of Assembly Bill 1482, shall govern the grounds for eviction;

3. Repeals Chapter 5.55 of the Municipal code, Rent Stabilization Program, as enacted by the Fairfax Town Council on November 2, 2022; and

4. Reenacts former Chapter 5.55 of the Municipal Code. Mandatory Mediation for Rental Housing, previously enacted by the Fairfax Town Council in May of 2019. (c) This Initiative helps to eliminate the harm that Fairfax's draconian new ordinances inflict on homeowners, housing providers, and tenants alike. It allows homeowners and housing providers to maintain the value of their properties, provide quality housing accommodation for families and seniors, and encourages additional housing to help make Fairfax affordable now as well as in the future.

Additionally, it supports keeping rents accessible for new renters and existing renters wanting to change location. Overall, this Initiative will allow for a more equitable and diverse community. (d) Most importantly, this Initiative enables the residents of Fairfax to determine the direction and future of our community by a direct vote of the people. [NOTE: Deletions are identified in strikeout and additions are underlined] Town of Fairfax
Resolution No. 2024-___

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SECTION 3. REPEAL OF CHAPTER 5.54 OF THE TOWN CODE. Chapter 5.54 of Division II of Title 5 of the Fairfax Town Code is hereby repealed as follows:
“TITLE 5 – BUSINESS TAXES, LICENSES AND REGULATION
DIVISION II – SPECIFIC BUSINESS REGULATIONS
CHAPTER 5.54: JUST CAUSE EVICTIONS
Section

5.54.010 Purpose and intent

5.54.020 Definitions

5.54.030 Just cause for eviction protections

5.54.040 Reserved

5.54.050 Relocation

5.54.060 Units withdrawn from the rental market pursuant to the Ellis Act

5.54.070 Remedies
§ 5.54.010 PURPOSE AND INTENT.

The purpose of this chapter is to promote neighborhood and community stability, healthy housing, and affordability for renters in Fairfax by regulating arbitrary evictions to the greatest extent allowable under California law, while ensuring landlords a fair and reasonable return on their investment. § 5.54.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CREDITWORTHINESS. Any standard of determining suitability to receive credit or reliability to pay money owed, including any financial or income standard.

DISABLED. The term "disabled" shall have the same meaning as that in Cal. Gov't Code § 12955.3, as may be amended or renumbered from time to time.

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household as defined in Cal. Civil Code § 1910 and the Fairfax Town Code.

EDUCATOR. Any person who works at a school in Marin County as an employee or independent contractor of the school or of the governing body that has jurisdiction over the school, including, without limitation, all teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants.

HOUSING SERVICES. Housing services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens. storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking. the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Housing services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

PRIMARY RESIDENCE.
(1) Occupancy of a primary residence does not require that the individual be physically present in Town of Fairfax
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the unit at all times or continuously, but the unit must be the individual’s place of return. Indicia of a primary residence include:
(a) The individual carries on basic living activities at the subject premises for extended periods; (b) The subject premises are listed with other public agencies, including federal, state and local taxing authorities as the individual's primary residence; (c) Utilities are billed to and paid by the individual at the subject premises; (d) A homeowner's tax exemption for the individual has not been filed for a different property; (e) The occupant is not registered to vote at any other location; (f) All or most of the individual's personal possessions have been moved into the subject premises;
(g) The subject premises are the place the individual normally returns to as their home, exclusive of military service. hospitalization, vacation, family emergency, travel necessitated by employment or education, incarceration, or other reasonable temporary periods of absence; and (h) Other relevant factors demonstrating a residence is the person's primary residence. (2) In order for a housing unit to qualify as a primary residence, ownership must be held in the name of the natural person claiming primary residence and cannot be held by a limited liability corporation, limited partnership, or other corporate structure. A housing unit that is owned by a living trust may qualify as a primary residence if the trust beneficiary meets the above criteria, so long as the landlord is able to provide documentation to the Town Manager of the name and address of all trust beneficiaries.

PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

RENT. All periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord under a rental agreement, as defined in this section, concerning the use or occupancy of a rental unit and premises, including all payment and consideration demanded or paid to the landlord for parking on or near the property, utilities, pets, furniture, and subletting.

RENTAL AGREEMENT. An agreement. oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services.

RENTAL UNIT. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for residential purposes, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status. A room or rooms rented separately from other rooms at the same property shall constitute a single rental unit, even if tenants share other common spaces or amenities.

SCHOOL YEAR. The first day of instruction for the Fall Semester through two weeks after the last day of instruction for the Spring Semester, as posted on the School District website for each year.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental agreement to the use or occupancy of any rental unit.

TOWN. The Town of Fairfax, California
TOWN MANAGER. The Town Manager of the Town of Fairfax or designee. § 5.54.030 JUST CAUSE FOR EVICTION PROTECTIONS.
(A) Applicability. Except as provided herein, the provisions of this chapter shall apply to all properties in Fairfax that are hired, rented, or leased to a household within the meaning of Cal. Civil Code § 1910, including properties that contain any of the following: (1) dwelling units which contain a separate bathroom. kitchen, and living area in a multifamily or multipurpose dwelling: (2) dwelling units in single room occupancy residential structures; or (3) units in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Fairfax Town Code. This definition applies to any dwelling space that is actually used for residential purposes, Town of Fairfax
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including live work spaces, whether or not the residential use is legally permitted. (B) Exemptions. The following rental units shall be exempt from this section, except that all exempt units must comply with the requirement of § 5.54.030(D). (1) Rental units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than 30 days. This exemption does not apply (a) to a tenant who has resided at the property for more than 30 continuous days; (b) to a tenant who has entered into an agreement to lease a rental unit for 30 days or more; (c) where a landlord has violated Cal. Civil Code § 1910.1 with regard to the tenant: or (d) a rental unit used exclusively as a short term rental as defined in Fairfax Town Code § 17.008.020.
(2) Rental units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in Cal. Building Code § 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental units which a government unit, agency or authority fully owns. operates and manages.

This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal rent stabilization.
(4) Any dwelling unit located in a development where the dwelling units are subject to legally binding restrictions enforceable against and/or governing such units that limit the rent to no more than an affordable rent, as such term is defined in Cal. Health & Safety Code § 50053,and as subsequently amended.
(C) No landlord shall take action to terminate any tenancy, including but not limited to making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, bringing any action to recover possession or be granted recovery of possession of a rental unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be entered unless the landlord is able to prove the existence of one of the following grounds as stated in the termination notice on which the court action is based:
(1) Failure to pay rent. The tenant has failed to pay the rent to which the landlord is legally entitled under the rental agreement, this chapter, federal, state, and any other local law. (a) In any action to recover possession of a rental unit filed under this division, it shall be a defense if the landlord impeded the tenant's effort to pay rent by refusing to accept rent paid on behalf of the tenant from a third party, or refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party. Acceptance of rental payments made on behalf of the tenant by a third party shall not create a tenancy between the landlord and the third party as long as either the landlord or the tenant provide written notice that no new tenancy is intended.
(b) COVID 19 state law preemption. This chapter shall not apply to unlawful detainer action for nonpayment of rent originally due from March 1, 2021 through March 31, 2022, where prohibited by Cal.

Code of Civil Procedure § 1179.05 or successor statute. (2) Breach of lease. The tenant has continued, after written notice to cease, to substantially violate any of the written material terms of the rental agreement, except the requirement to surrender possession on proper notice as required by law. To constitute a breach of lease, the substantially violated term must be reasonable and legal and have been accepted in writing by the tenant as part of the rental agreement: and provided further that, where such term was accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord must have first notified the tenant in writing that they need not accept such terms or agree to the terms being made part of the rental agreement.
(a) Notwithstanding any lease provision to the contrary, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the rental unit if the landlord has unreasonably withheld the right to sublease following written request by the tenant. The following requirements must Town of Fairfax
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be met:

1. The tenant continues to reside in the rental unit as their primary residence.

2. The sublease replaces one or more departed tenants under the rental agreement on a one for one basis or the sublease adds additional occupants up to the maximum amount of occupants legally allowed under § 503(b) of the Uniform Housing Code as incorporated by Cal. Health & Safety Code § 17922, except where prohibited by law.

3. A landlord's refusal of a subtenant must state the reason for the refusal. if the landlord fails to respond to the tenant's request to sublease in writing within 14 days of receipt of the tenant's request, the tenant's request shall be deemed approved by the landlord.

4. A landlord's reasonable refusal of the tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if the occupant will not be legally obligated to pay some or all of the rent directly to the landlord. A landlord's reasonable refusal of the tenant's written request may be based on the ground that the total number of occupants in a rental unit exceeds the maximum number of occupants under § 503(b) of the Uniform Housing Code as incorporated by Cal.

Health & Safety Code § 17922.
(b) Before endeavoring to recover possession based on the violation of a lawful obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the rental unit, the landlord shall serve the tenant a written notice of the violation that provides the tenant with a minimum of 14 days' opportunity to cure the violation. The tenant may cure the violation by making a written request to add occupants referenced in § 5.54.030(C)(2)(a)2, or by using other reasonable means to cure the violation.
(c) Protections for families. Notwithstanding any contrary provision in this section, a landlord shall not endeavor to recover possession of a rental unit as a result of the addition to the rental unit of a tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Cal. Family Code § 297) of such relatives, or as a result of the addition of the spouse or domestic partner of a tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under § 503(b) of the Uniform Housing Code as incorporated by Cal. Health & Safety Code § 17922.
(3) Nuisance. The tenant has continued, after the landlord has served the tenant with a written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to. the rental unit and, after written notice. has refused to cease damaging the premises, or has refused to either make satisfactory correction or to pay the reasonable costs of repairing such damage over a reasonable period of time. The fact that a tenant has been arrested or convicted of a crime, been the victim of a crime, or contacted the police, in and of itself, is not evidence of nuisance for purposes of this division. (4) Failure to give access. The tenant has continued to refuse, after the landlord has served the tenant with a written notice, to grant the landlord reasonable access to the rental unit for the purposes of showing the unit to a prospective purchaser or mortgagee or making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof. To terminate a tenancy under this division, a landlord must show that written notice was provided to the tenant in compliance with Cal. Civil Code § 1954. (5) Temporarily vacate in order to undertake substantial repairs. The landlord, after having obtained all necessary permits from the town, seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of tenants of the building, and where such repairs while the tenant resides on the premises require the tenant to temporarily vacate for at least 30 days. (a) Where such repairs can be completed in a period of 60 or fewer days, and the tenant agrees in writing to vacate the premises during the period required to complete the repairs, the landlord Town of Fairfax
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may not recover possession pursuant to this division unless the tenant shall fail or refuse to vacate the premises in accordance with such agreement.
(b) Where the landlord owns any other residential rental units in the town of the same number of bedrooms or fewer, and any such unit is vacant and available at the time of service of the written notice terminating the tenancy, or at any time thereafter until the earlier of the tenant's vacating the premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the landlord, the landlord shall, as a condition of obtaining possession pursuant to this division, notify the tenant in writing of the existence and address of each such vacant rental unit and offer the tenant the right, at the tenant's option, to enter into a rental agreement (to be designated as a "temporary rental agreement") for the available rental unit which the tenant may choose, at a rent not to exceed the lesser of the lawful rent which may be charged for such available rental unit or the lawful rent in effect at the time of the notice of termination of tenancy on the unit being vacated. Said rental agreement shall be for a term of the lesser of ninety days or until completion of repairs for the rental unit being vacated by tenant. (c) A notice terminating tenancy under this division must include the following information:

1. A statement informing tenants as to their right to relocation payments under this chapter.

2. The statement, "When the needed repairs are completed on your unit, the landlord must offer you the opportunity to return to your unit with a rental agreement containing the same terms as your original one and with the same rent."

3. A description of the repairs to he completed and the approximate expected duration of the repairs.
(d) Where the landlord recovers possession under this division either prior to or after an unlawful detainer judgment, the tenant must be given the right of first refusal to reoccupy the unit. The landlord shall notify the tenant household at least 60 days in advance of the availability of the unit or room. Within 30 days of receipt of the notice of availability, a tenant household must notify the landlord if it wishes to reoccupy the unit or room. The landlord must hold the unit or room vacant at no cost to the tenant for 60 days from the date the tenant household's written notice of its intent to reoccupy the rental unit or room is received.
(6) Owner move in. The landlord seeks to recover possession in good faith for use and occupancy as a primary residence by the landlord or the landlord's spouse, child, parent or grandparent. (a) A landlord, as used in this division, shall only include a landlord that is a natural person who has at least a 51% recorded ownership interest in the property:
(b) No eviction may take place for an “owner move in” if the same landlord or enumerated relative already occupies a rental unit on the property, or if a vacancy already exists on the property. Only one specific unit per building may undergo an “owner move in” eviction. Once a landlord has successfully recovered possession of a rental unit pursuant to this division, no other landlords may recover possession of any other rental unit at the property under the division. Any future evictions taking place at the same property under this division must be of that same rental unit. At all times, a landlord may request a reasonable accommodation if the landlord or enumerated relative is disabled and a different unit is necessary to accommodate the person's disability. A landlord who has terminated a tenancy for a rental unit under this division may not terminate a tenancy for a tenant who subsequently reoccupies a rental unit after termination of tenancy under this division or relocates to a comparable rental unit on the same property for a period of four years commencing from the date of the latest notice to vacate. (c) The notice terminating tenancy shall contain the name and relationship to the landlord of the person intended to occupy the rental unit.
(d) The landlord or enumerated relative must intend in good faith to move into the rental unit within 90 days after the tenant vacates and to occupy the rental unit as a primary residence for at least one year.
(e) If the landlord or relative specified on the notice terminating tenancy fails to occupy the Town of Fairfax
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rental unit within 90 days after the tenant vacates, the landlord shall:

1. Offer the unit to the tenant who vacated it at the same rent in effect at the time the tenant vacated; and

2. Pay to said tenant all reasonable expenses incurred in moving to and from the unit, include lease termination fees. This division does not limit any other remedies a tenant may have under this chapter or applicable law.

3. If the landlord or enumerated relative fails to occupy the rental unit within 90 days after the tenant vacates or does not occupy the rental unit as a primary residence for at least one year, the landlord shall have the burden of producing evidence that the failure to occupy did not occur in bad faith. (f) if the landlord or relative specified on the notice terminating tenancy fails to occupy the rental unit within 90 days and the previous tenant declines to move back into the rental unit, any new tenant moving into the rental unit will have as the original base rent the rent in effect at the time the previous tenant vacated.
(g) Eviction protection for elderly, disabled, or terminally ill tenants. A landlord may not evict a tenant pursuant to this division if (a) the tenant has resided in the rental unit for at least three years and is either at least 62 years of age or disabled; or (h) if the tenant is certified as being terminally ill by the tenant's treating physician. For the purposes of this division, notwithstanding the above, a landlord may evict a tenant who qualifies for the exemption if the landlord or enumerated relative who will occupy the rental unit is also disabled and no other units are available at the property. (h) Within 30 days after the effective date of a written notice of termination under this division is filed with the Town Manager, the Town Manager shall record a notice of constraints with the County Recorder identifying each rental unit on the property that is the subject of § 5.54.030(C)(6) notice to vacate, stating the nature and dates of applicable restrictions under §§ 5.54.030(C)(6)(e),

5.54.030(C)(6)(f), and 5.54.030(E), and any other restrictions per applicable regulations. The Town Manager shall also send a notice to the rental unit that states the maximum rent for that unit, and shall send an updated notice to the unit 12 months, 24 months, 36 months, 48 months, and 60 months thereafter, or within 30 days of such date. If a notice of constraints is recorded but the tenant does not vacate the rental unit, the landlord may apply to the Town Manager for a rescission of the recorded notice of constraints. No further notices to the rental unit pursuant to this division are required if the constraints on the unit are rescinded.
(i) A landlord may not evict a tenant under this division if there is a comparable rental unit occupied by a tenant who moved onto the property more recently than the tenant from whom the landlord seeks to recover possession.
(7) Withdrawal from rental market. The landlord seeks in good faith to recover possession of all rental units on a parcel of land to permanently withdraw the units from the rental market or for demolition so long as the withdrawal is permitted by the Ellis Act (Cal. Gov't Code §§ 7060 et seq.). The landlord must have fulfilled all requirements of § 5.54.060 of this Code and all town regulations initiating the procedure for withdrawing rental units from rent or lease, with the intention of completing the withdrawal process and going out of the rental business or demolishing. Tenants shall be entitled to a minimum of 120 day notice or one year in the case a tenant is at least 62 years of age or disabled. Notice times may be increased by regulations if state law allows for additional time. (8) Buy out agreements. Nothing in this chapter shall expand or limit a landlord and tenant's ability to negotiate or agree to end a tenancy voluntarily in exchange for money or other consideration.

All buy out agreements under this section must be in writing, provided in English and translated into any other language at the tenant's request, and include:
(a) A statement that the tenant has the right not to enter into a proposed buy-out agreement; (b) A statement that the tenant may consult with an attorney of their choosing before entering into a buy out agreement;
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(c) A space for each tenant to sign and write the date upon which the landlord provided the tenant with the agreement.
(9) Termination of temporary tenancy. The landlord seeks in good faith to recover possession of a separately alienable rental unit for their occupancy as a primary residence. This shall apply only where the landlord has previously occupied the rental unit as their primary residence and has the right to recover possession of the unit for their occupancy as a primary residence under an existing written rental agreement for a term of no more than 12 consecutive months that was executed with the current tenants.

The temporary tenant must be provided, at the inception of the tenancy, with a written statement that includes the length of the tenancy and that the tenancy may be terminated at the end of the temporary tenancy period. No relocation is required under this division. (D) In any action to recover possession of a rental unit pursuant to this § 5.54.030, a landlord must allege and prove that the landlord seeks to recover possession of the unit with good faith, honest intent and with no ulterior motive for the reason stated in the termination notice. If a landlord claims the rental unit is exempt from this ordinance, the landlord must allege and prove that the unit is covered by one of the exceptions enumerated in § 5.54.030(B). Such allegations must appear in the notice of termination of tenancy. Failure to make such allegations in the notice shall be a complete defense to any unlawful detainer action.
(E) Right of return and first right of refusal. All tenants that are displaced based on §§ 5.54.030 (C)(5) or (C)(6) or shall have the first right of refusal to return to the unit if it should ever be returned to the market by the landlord or successor landlord. The return tenancy shall include the same terms as the original tenancy and the rent shall be the rent lawfully paid by the tenant at the time the landlord gave notice of termination on a basis listed in §§ 5.54.030 (C)(5) or (C)(6) plus any lawful adjustment under § 5.55.080. All notices of termination of tenancy served under §§ 5.54.030(C)(5) or (C)(6) shall state the lawful rent in effect at the time of termination of tenancy. If the tenant declines to reoccupy the rental unit after it is returned to the rental market, the lawful base rent for the new tenancy shall be the rent lawfully paid by the tenant at the time the landlord served the termination notice, plus any lawful adjustment under this chapter or Chapter 5.55.
(F) School year protections for educators and students. It shall be a defense to an eviction under §§ 5.54.030(C)(5) or (C)(6) if a child under the age of 18 or any educator resides in the unit, the child or educator is a tenant in the unit or the child has a custodial or family relationship with a tenant in the unit, the tenant has resided in the unit for 12 months or more, and the expiration date of the notice of termination of tenancy falls during the school year.
(G) Written warning notice requirements. Any written warning notice as described in §§

5.54.030(C)(2) through (C)(4) shall be served by the landlord on the tenant within a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings, of the right to request a reasonable accommodation for disability, and the contact number for the Town Manager. A reasonable period shall be presumed to be seven days. The notice shall also include sufficient details allowing a reasonable person to comply. The notice shall also include any information necessary to determine the date, time, place, witnesses present, and other circumstances concerning the reason for the notice. (H) Retaliation is barred. Notwithstanding the above provisions, possession shall not be granted if it is determined that the eviction is knowingly in retaliation for the tenant reporting violations of this chapter, for exercising rights granted under this chapter or other law, or for forming or participating in a tenant organization.
(I) Additional notice requirements. In any notice purporting to terminate tenancy, the landlord shall state the cause for the termination, and in any action brought to recover possession of a rental unit, the landlord shall allege and prove compliance with this section. All notices described in §§ 5.54.030(C)(2) through (C)(4) shall be attached to any notices that purport to terminate a tenancy for which they Town of Fairfax
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correspond. The landlord shall file with the Town Manager a copy of any notice terminating tenancy within three days after serving the notice on the tenant. (J) Failure to comply. Failure to comply with any requirement of this chapter or any implementing regulation may be asserted as an affirmative defense in an action brought by the landlord to recover possession of the unit. Additionally, any attempt to recover possession of a rental unit or recover of possession in violation of this chapter shall render the landlord liable to the tenant in a civil action for wrongful eviction for treble damages. The tenant may seek injunctive relief, equitable relief, and money damages. In any action for equitable relief, it shall be presumed that a tenant suffers irreparable harm through violation of this chapter. A tenant or landlord prevailing in an action brought under this chapter that is not an unlawful detainer action shall recover costs and reasonable attorney fees. The statute of limitations for all remedies in this section shall be three years. The remedies under this section are cumulative, and may be used in addition to any other remedies in this chapter or at law, statute, or ordinance.
§ 5.54.040 RESERVED.
§ 5.54.050 RELOCATION.
(A) A landlord seeking to recover possession under §§ 5.54.030(C)(5) through (C)(7) must make relocation payments to the tenant's household of the rental unit. The amount of the relocation benefit shall be equal to two months' rent, at the rate of rent applicable at the time of the relocation. Relocation payments shall be paid at the time of the service of the notice of termination of tenancy. If the tenant fails to vacate the unit, the relocation payment must be returned to the landlord. (B) Notwithstanding § 5.54.050(A), any tenant household that, at the time the notice of intent to withdraw rental units is filed with the town, includes a tenant who is 62 years of age or older, 17 years of age or younger, disabled, or certified as being terminally ill by the tenant's treating physician shall be entitled to receive an additional payment of $3,000.
(C) Every year following the date of passage, the relocation payments specified in §§ 5.54.050(A) and (B) shall increase annually at the rate of increase in the "rent of primary residence" expenditure category of the consumer price index (CPI) for Mann County for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the town. (D) Short term tenant relocation.
(1) Where a tenant shall be displaced from their rental unit for renovation work for a period of thirty days or less, the landlord shall immediately make short term relocation payments to the tenant as set out in division (D)(3), below, or the tenant may elect not to receive short term relocation payments.

If the tenant receives short term relocation payments, the tenant remains obligated to pay the lawful rent in effect when the tenant vacated. If the tenant has elected not to receive short term relocation payments, the tenant shall not be obligated to pay rent until the tenant reoccupies the rental unit, (2) Should a tenant be displaced for a greater time than originally notified, the landlord shall pay additional short term relocation expenses for each additional day of displacement, to be paid on a weekly basis prior to each additional week.
(3) The following amounts shall be paid by the landlord to the tenant for each day of displacement:
(a) Hotel or motel accommodations: $168.15 per household; (b) Meal expenses: $33.85 per occupant;
(c) Laundry: $1.12 per household; and
(d) Pet accommodation: $32.73 per cat and $58.69 per dog. (4) Replacement amounts shall be adjusted yearly based on the CPI increase. The Town Manager shall publish the new relocation amounts each year following the increase. (E) If a landlord fails to provide relocation payments in accordance with this section, in addition to any other remedy under this chapter, or at law, the tenant may pursue a civil action for the amount of Town of Fairfax
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relocation payments they would have been entitled to and costs of suit. The statute of limitations for all remedies in this section shall be three years. The remedies of this section are cumulative, and may be used in addition to any other remedy available in this chapter or at law. (F) A landlord's failure to properly allege and prove a permissible ground for eviction under §§ 5.54.030(C)(5) through (C)(7) is not a defense to failing to provide relocation payments when a landlord recovers the rental unit in violation of § 5.54.030. Further, where a tenant vacates a rental unit within one year of receiving a termination notice pursuant to §§ 5.54.030(C)(5) through (C)(7), the reason for vacating shall be presumed to be the termination notice. § 5.54.060 UNITS WITHDRAWN FROM THE RENTAL MARKET PURSUANT TO THE ELLIS ACT.

The following shall apply to a unit where possession is recovered pursuant to § 5.54.030(C)(7). (A) Re rental of rental unit within two years.
(1) If the rental unit is offered again for rent or lease for residential purposes within two years of the date the rental unit was withdrawn from rent or lease, the following provisions shall govern:
(a) The landlord of the rental unit shall be liable to any tenant who was displaced from the property by that action for treble damages. Any action by a tenant pursuant to this division shall he brought within three years of the withdrawal of the rental unit from rent or lease. However, nothing in this division precludes a tenant from pursuing any alternative remedy available under the law. (b) The Town Manager may institute a civil proceeding against any landlord who has re offered a rental unit for rent or lease subject to this division, for exemplary damages for displacement of tenants.

Any action pursuant to this division shall he brought within three years of the withdrawal of the rental unit from rent or lease.
(c) Any landlord who offers a rental unit again for rent or lease shall first offer the unit for rent or lease to the tenant displaced from that unit by the withdrawal pursuant to this chapter, if the tenant has advised the landlord in writing, within 30 days of the displacement, of the tenant's desire to consider an offer to renew the tenancy and has furnished the landlord with an address to which that offer is to be directed. That tenant or former tenant may advise the landlord at any time during the eligibility of a change of address to which an offer is to be directed.
(2) If the landlord re offers the rental unit for rent or lease pursuant to this division, and the tenant has advised the landlord pursuant to this division of a desire to consider an offer to renew the tenancy, then the landlord shall offer to reinstate a rental agreement or lease on terms permitted by law to that displaced tenant.
(3) This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant at the address furnished to the landlord as provided in this division. and shall describe the terms of the offer. The displaced tenant shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid. (B) Re rental of units within five years.
(1) For all tenancies commenced during the time periods described below, the rental unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of intent to withdraw the rental unit is filed with the Town Manager, plus annual adjustments available under § 5.55.080 of this Code.
(2) The provisions of division (B)(1) shall apply to all tenancies commenced during either of the following time periods:
(a) The five year period after any notice of intent to withdraw the rental unit is filed with the Town Manager, whether or not the notice of intent is rescinded or the withdrawal of the rental unit is completed pursuant to the notice of intent.
(b) The five year period after the rental unit is withdrawn. (3) This division shall prevail over any conflicting provision of law authorizing the landlord to Town of Fairfax
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establish the rental rate upon the initial hiring of the rental unit. (C) Re rental of rental units within five years. A landlord who offers a rental unit again for rent or lease within five years from the date on which it is withdrawn, and which is subject to this division, shall first offer the unit to the tenant displaced from the unit by the withdrawal, if that tenant requests the offer in writing within 30 days after the landlord has notified the town of an intention to offer the rental unit again for residential rent or lease. The landlord of the rental unit shall be liable to any tenant who was displaced by that action for failure to comply with this division, for punitive damages in an amount which does not exceed the contract rent for six months, and the payment of which shall not be construed to extinguish the landlord's obligation to comply with this division. (D) Demolition restrictions. If the rental unit(s) are demolished, and new rental unit(s) are constructed on the same property, and offered for rent or lease within four years of the date the rental unit(s) were withdrawn from rent or lease, the newly constructed rental unit(s) shall be subject to the system of regulation established in § 5.55.080 at which they would be offered on the basis of a fair and reasonable return on the newly constructed rental unit, notwithstanding any exemption from the system of regulations for newly constructed rental unit.
(E) Applicability to successors in interest. This section shall apply to all successors in interest of a landlord who has withdrawn rental units from rent or lease. The Town Manager shall record a notice with the county recorder which shall specifically describe the real property where the rental unit is located, the dates applicable to the constraints and the name of the landlord of record of the real property. The notice shall be indexed in the grantor grantee index.
(F) A person who acquires title to the real property subsequent to the date upon which the rental unit thereon have been withdrawn from rent or lease, as a bona fide purchaser for value, shall not be a successor in interest for the purposes of this chapter if the notice prescribed by this section has not been recorded with the county recorder at least one day before the transfer of title. (G) Notice of withdrawal. A landlord who seeks to demolish or withdraw a rental unit from the rental market under § 5.54.030(C)(7) must provide the Town Manager with a notice, that states, under penalty of perjury:
(1) The number of rental units withdrawn;
(2) The address or location of those rental units:
(3) The name or names of the tenants of the rental units; and (4) The lawful rent applicable to each rental unit.
(H) The name or names of the tenants, the rent applicable to any residential rental unit, and the total number of rental units, is confidential information and for purposes of this chapter shall be treated as confidential information for purposes of the Information Practices Act of 1977 (Chapter I (commencing with section 1798) of Title 1.8 of Part 4 of Division 3 of the Cal. Civil Code). (I) The landlord must record with the county recorder a memorandum summarizing the provisions, other than the confidential provisions, of the notice in a form which shall be prescribed by the Town Manager, and will require a certification with that notice that actions have been initiated as required by law to terminate any existing tenancies.
(J) The landlord must notify the Town Manager in writing of the intention to re offer the rental unit for rent or lease.
(K) The date on which the rental unit is withdrawn from rent or lease for purposes of this Chapter is 120 days from the delivery in person or by first class mail of the notice of withdrawal to the Town Manager. However, if the tenant is at least 62 years of age or disabled, and has lived in their rental unit for at least one year prior to the date of delivery of the notice of intent to withdraw, then the date of withdrawal of the rental unit of that tenant shall be extended to one year after the date of delivery of that notice, provided that the tenant gives written notice of their entitlement to an extension to the landlord within 60 days of the date of delivery of the notice of intent to withdraw.

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(L) Extension of tenancy for elderly or disabled tenants. If a tenant notifies a landlord in writing within 60 days of the Town Manager receiving the notice of intent to withdraw the rental unit, the following provisions shall apply:
(1) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Town Manager of the notice of intent to withdraw, subject to any adjustments otherwise available under this chapter.
(2) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(3) The landlord may elect to extend the tenancy on any other rental unit within the rental property up to one year after date of delivery of the notice of intent to withdraw, subject to divisions (L)(1) and (L)(2) of this section.
(4) Within 30 days of the notification by the tenant to the landlord of their entitlement to an extension, the landlord shall give written notice to the town manager of the claim that the tenant is entitled to stay in their rental unit for one year after date of delivery of the notice of intent to withdraw. (5) Within 90 days of date of delivery to the Town Manager of the notice of intent to withdraw, the landlord shall give written notice of the landlord's election to extend a tenancy under division (L)(3) and the revised date of withdrawal to the Town Manager and any tenant whose tenancy is extended. (6) The date of withdrawal for the rental unit as a whole, for purposes of calculating any time periods in this chapter, shall be the latest termination date among all tenants within the rental unit, as stated in the notices required by divisions (L)(4) and (5). A landlord's further voluntary extension of a tenancy beyond the date stated in the notices required by divisions (L)(4) and (5) shall not extend the date of withdrawal.
(M) The landlord must notify any tenant displaced pursuant to § 5.54.030(C)(7) of the following:
(1) That the Town Manager has been notified pursuant to § 5.54.060(G). (2) That the notice to the Town Manager specified the name and the amount of rent paid by the tenant as an occupant of the rental unit.
(3) The amount of rent the landlord specified in the notice. (4) Notice to the tenant of their rights under this division. (5) Notice to the tenant of the following:
(a) If the tenant is at least 62 years of age or disabled, and has lived in their rental unit for at least one year prior to the date of delivery to the Town Manager of the notice of intent to withdraw, then tenancy shall be extended to one year after date of delivery to the Town Manager of the notice of intent to withdraw, provided that the tenant gives written notice of their entitlement to the landlord within 60 days of date of delivery to the Town Manager of the notice of intent to withdraw. (b) The extended tenancy shall be continued on the same terms and conditions as existed on date of delivery to the Town Manager of the notice of intent to withdraw, subject to any adjustments otherwise available under § 5.55.080 of this Code.
(c) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
(N) Not later than the last day of the third and sixth calendar months following the month in which notice is given to the Town Manager, and thereafter not later than December 31 of each calendar year for a period of two years. beginning with the year in which the six month notice is given, the landlord of any property which contains or formerly contained one or more rental units which a tenant or tenants vacated pursuant to § 5.54.030(C)(7) shall notify the Town Manager, in writing, under penalty of perjury. for each such rental unit:
(1) Whether the rental unit has been demolished;
(2) If the rental unit has not been demolished, whether it is in use; (3) If the rental unit is in use, whether that use is residential:

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(4) If the rental unit is in residential use, the date the tenancy began, the name of the tenant(s), and the amount of rent charged.
(O) If a rental unit has been demolished, and one or more new units constructed on the lot, the landlord shall furnish the information required by divisions (M)(2), (3) and (1), above, for each new unit.

The Town Manager shall maintain a record of the notices received under this section and all notices received under this section for each rental unit withdrawn from the rental market pursuant to §

5.54.030(C)(7).
(P) The Town Manager shall notify each person who is reported as having become a tenant in a vacated or new rental unit subject to the reporting requirements of § 5.54.060(N) that it maintains the records described in § 5.54.060(M), and that the rent of the rental unit may be restricted pursuant to this chapter.
(Q) The Town Manager shall maintain a register of all rental units withdrawn from rent or lease under § 5.54.030(C)(7) and the rent applicable to each unit at the time of withdrawal. The Town Manager shall inform tenants displaced from units withdrawn from rent or lease at the address provided by the tenant, when the landlord notifies the Town Manager that the rental unit or replacement unit will again be offered for rent or lease within two years of the date of withdrawal. (R) The Town Manager may investigate whether a rental unit that was withdrawn from rent or lease has been again offered for rent or lease, and whether the landlord has complied with the provisions of this section.
§ 5.54.070 REMEDIES.
(A) Affirmative defense. A landlord's failure to comply with this chapter, including but not limited to the identification of an applicable cause for termination described in § 5.54.030 and delivery of a completed notice of termination in accordance with the same, shall be an affirmative defense to an unlawful detainer action by landlord.
(B) Civil liability. Whenever a landlord attempts to prevent a tenant from acquiring any rights under this chapter, retaliates against a tenant for the exercise of any rights under this chapter, or engages in activities prohibited under this chapter, the tenant may institute a civil proceeding for money damages or injunctive relief, or both. This section creates a private right of action to enforce all terms, rights, and obligations under this chapter. Whoever is found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs, and reasonable attorneys’ fees, and whatever other relief the court deems appropriate. In the case of an award of damages, said award may be trebled if the trier of fact finds that the landlord acted in knowing violation, reckless disregard, or otherwise willfully failed to comply with this chapter. The court may award the defendant attorney’s fees and costs as the prevailing party in cases where plaintiff’s claim is deemed unreasonable, frivolous, meritless, or vexatious.
(C) Civil actions to determine liability. Any tenant may bring a civil action to determine the applicability of this chapter to the tenancy.
(D) Other private rights of action. Nothing herein shall be deemed to interfere with the right of a landlord to file an action against a tenant or non tenant third party for the damage done to said landlord's property. Nothing herein is intended to limit the damages recoverable by any party through a private action.“
SECTION 4. ADDITION OF CHAPTER 5.54 OF THE TOWN CODE. Chapter 5.54 of Division II of Title 5 of the Fairfax Town Code is hereby added to read as follows:
“TITLE 5 – BUSINESS TAXES, LICENSES AND REGULATION
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DIVISION II – SPECIFIC BUSINESS REGULATIONS
CHAPTER 5.54: JUST CAUSE EVICTIONS

§ 5.54.010. DEFINITIONS.

For the purpose of this chapter. the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household as defined in Cal. Civil Code § 1940 and the Fairfax Town Code.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

RENTAL UNIT. Any building, structure, or part thereof, or land appurtenant thereto. or any other rental property rented or offered for rent for residential purposes, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status. A room or rooms rented separately from other rooms at the same property shall constitute a single rental unit, even if tenants share other common spaces or amenities.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental agreement to the use or occupancy of any rental unit.

TOWN. The Town of Fairfax, California.
§ 5.54.020. CONFORMITY WITH STATE LAW.

Notwithstanding any other provision of law, a landlord may take action to terminate any tenancy, including but not limited to making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, bringing any action to recover possession or be granted recovery of possession of a rental unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be entered, in any circumstance authorized by State law, including but not limited to Cal. Civil Code § 1946.2 and Cal. Code of Civil Procedure §§ 1159-1179.15. The Town shall not enforce any limit on terminating a tenancy that is more restrictive than those set forth in State law. Any provision of law governing the applicable bases for eviction for any rental unit that was adopted after this measure was submitted for title and summary but prior to the effective date of this act, and that is inconsistent with this provision, is hereby repealed.” SECTION 5. REPEAL OF CHAPTER 5.55 OF THE TOWN CODE. Chapter 5.55 of Division II of Title 5 of the Fairfax Town Code is hereby repealed as follows:
“TITLE 5 – BUSINESS TAXES, LICENSES AND REGULATION
DIVISION II – SPECIFIC BUSINESS REGULATIONS
CHAPTER 5.55: RENT STABILIZATION PROGRAM
Section

5.55.010 Purpose and intent

5.55.020 Definitions

5.55.030 Applicability

5.55.040 Reserved
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5.55.050 Reserved

5.55.060 Reserved

5.55.070 Rent stabilization

5.55.080 stabilization of rents; right of reasonable return for landlords

5.55.090 No waiver

5.55.100 Judicial Review

5.55.110 Remedies

5.55.120 Injunctive and other civil relief
§ 5.55.010 PURPOSE AND INTENT.

It is the purpose and intent of this chapter to increase certainty and fairness in the residential rental market within the Town of Fairfax, in order to promote the health, safety, and general welfare of residents and businesses within the town. This chapter only governs disputes between landlords and tenants of certain rental dwelling units located within the Town of Fairfax. § 5.55.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPEALS BOARD. The Town Council of the Town of Fairfax.

HOUSING SERVICES. Housing services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage. kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Housing services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

MAXIMUM ALLOWABLE RENT. The maximum allowable rent which may be legally charged on any stabilized rental unit covered by this chapter.

PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

RENT. All periodic payments and all nonmonetary consideration including, but not limited to. the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord under a rental agreement, as defined in this section, concerning the use or occupancy of a rental unit and premises, including all payment and consideration demanded or paid to the landlord for parking on or near the property, utilities, pets. furniture, and subletting.

RENTAL AGREEMENT. An agreement, oral, written or implied. between a landlord and tenant for use or occupancy of a rental unit and for housing services, RENTAL HOUSING FEE. The fee described in § 5.55.070.

STABILIZED RENTAL UNITS. All rental units in the Town of Fairfax except those rental units exempt Town of Fairfax
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under one or more of the following provisions:
(1) Rental units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than 30 days. This exemption does not apply (a) to a tenant who has resided at the property for more than 30 continuous days; (b) a tenant who has entered into an agreement to lease a rental unit for 30 days or more; or (c) where a landlord has violated Cal. Civil Code § 1940.1 with regard to the tenant. (2) Rental units in any hospital, convent, monastery, extended medical care facility, non profit home for the aged, or dormitory as defined in Cal. Building Code § 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental units which a government unit, agency or authority fully owns. operates and manages.

This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal rent stabilization.
(4) Rental units exempt pursuant to the Costa Hawkins Rental Housing Act (Cal. Civil Code §§ 1954.50 through 1954.535). if this division (4) is repealed by operation of law, new rental units shall be exempt per this division only if newly constructed within ten years prior to such repeal. In such case, pursuant to Cal. Gov't Code § 66300(dX2XA), all units built on the same parcel where any Stabilized rental unit was previously demolished shall not be exempt as new construction. (5) Private, for profit care homes, assisted care facilities, supportive housing. (6) Exemptions listed in § 5.55.030(B).

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental agreement to the use or occupancy of any rental unit.

TENANT ORGANIZATION. Any group of tenants who organize collectively for their shared interest(s) as tenants, including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination. or harassment, regardless of whether they share the same landlord or management company.

TOWN. The Town of Fairfax, California
TOWN MANAGER. The Town Manager of the Town of Fairfax, California or designee.

UTILITY CHARGES. Any charges for gas, electricity, water, hot water, sewer, refuse removal, cable or Internet.
§ 5.55.030 APPLICABILITY.
(A) Applicability. Except as provided herein, the provisions of this chapter shall apply to all properties in Fairfax that are hired, rented, or leased to a household within the meaning of Cal. Civil Code § 1940, including properties that contain any of the following: (1) dwelling units which contain a separate bathroom, kitchen, and living area in a multifamily or multipurpose dwelling; (2) dwelling units in single room occupancy residential structures; or (3) units in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Fairfax Town Code. This definition applies to any dwelling space that is actually used for residential purposes, including live work spaces, whether or not the residential use is legally permitted. (B) Exemptions. The following rental units shall be exempt from the provisions of this chapter:
(1) Rental units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than 30 days. This exemption does not apply (a) to a tenant who has resided at the property for more than thirty continuous days; (b) a tenant who has entered into an agreement to lease a rental unit for 30 days or more; or (c) where a landlord has violated Cal. Civil Code § 1940.1 with regard to the tenant; or (d) a rental unit used exclusively as a short term rental as defined in Fairfax Town Code §

17.008.020.
(2) Rental units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in Cal. Building Code § 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental units which a government unit, agency or authority fully owns, operates and manages.

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This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal rent stabilization.
(4) Any dwelling unit located in a development where the dwelling units are subject to legally binding restrictions enforceable against and/or governing such units that limit the rent to no more than an affordable rent, as such term is defined in Cal. Health & Safety Code § 50053 and as subsequently amended.
(5) Exemptions listed in the definition of stabilized rental units in this chapter. § 5.55.040 RESERVED.
§ 5.55.050 RESERVED.
§ 5.55.060 RESERVED.
§ 5.55.070 RENT STABILIZATION.
(A)j Authority and Duties. The Town Manager or Town Council shall have the following authority and duties under this chapter:
(1) Establish a base rent under § 5.55.080(A).
(2) Make adjustments in the rent increase and decreases in accordance with § 5.55.080. (3) Set rents at fair and equitable levels in order to achieve the intent of this chapter. (4) Issue orders, rules and regulations, conduct hearings and charge fees as set forth below. (5) Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out required duties. (6) Report annually to the Fairfax Town Council on the status of rental housing covered by this chapter. This shall include a summary of the numbers of notices served, the basis upon which they were served, the amount of the rent increases and the addresses for which they were served. A searchable database will be created so that service of notice may be determined as well as the summaries. A rent increase, termination, or change in terms of tenancy is not valid if not served on the Town Manager. (7) Administer oaths and affirmations and subpoena witnesses. (8) Establish rules and regulations for deducting penalties and settling civil claims under § 5.55.110. (9) Seek authorization from the Town Council to seek injunctive and other civil relief under §§

5.55.110 and 5.55.120.
(10) Charge and collect the rental housing fee, including penalties for late payments. (11) Make available on a contract basis legal assistance services for low income residents of Fairfax related to evictions and petitions. hearings and appeals. (12) Collect and/or receive copies of notices of termination of tenancy. rent increase, and changes in terms of tenancy.
(13) Any other duties necessary to administer and enforce this chapter. (B) Rules and regulations. The Town Council may issue such rules and regulations, including those which are contained in this chapter as will further the purposes of the chapter. The Town Council shall publicize its rules and regulations prior to promulgation on the town's website. (C) Community education. The Town Manager may publicize this chapter and Chapter 5.54 so that all residents of Fairfax will have the opportunity to become informed about their legal rights and duties under this chapter. The Town Manager will prepare a brochure which fully describes the legal rights and duties of landlords and tenants under Chapters 5.54 and 5.55 of this Code. The brochure will be available to the public and each tenant of a rental unit shall receive a copy of the brochure from their landlord.

Landlords shall provide the brochure at the commencement of the tenancy and with each notice of rent increase. This brochure will be made available for download from the town website and/or other appropriate technology. Information about the rent stabilization program may be made available in other languages as requested by the community.
(D) Collection of rental housing fee. All landlords shall pay the business license fee required by the Town Code § 5.16.010, if applicable, in addition to the rental housing fee. The town may charge the rental Town of Fairfax
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housing fee at the same time as the business license fee. The rental housing fee will be set by resolution of the Town Council. Enforcement of this chapter shall be funded by the rental housing fee. (E) Reporting and fee payment requirements.
(1) Within 60 days after the implementation date of this chapter, all landlords shall file a copy of all rental increase notices, change of terms of tenancy and tenancy termination notices with the Town Manager before serving the tenant the notice. A proof of service with time and date of service of notice shall be included with notice filed with the Town Manager. (2) After proper notice and hearing, if it is determined that a landlord has willfully and knowingly failed to properly report, as described above, any rental increase notices, change of terms of tenancy or tenancy termination, or pay the rental housing fee, the Town Manager may authorize the tenant of such a non reporting or fee paid unit to withhold all or a portion of the rent for the rental unit until such time as the rental housing fee is paid or notice filed. After a notice is properly filed or fee paid, the Town Manager shall determine what portion, if any, of the withheld rent is owed to the landlord for the period in which the notice is not properly filed or fee paid. Whether or not the Town Manager allows such withholding, no landlord who has failed to properly report or pay the fee shall at any time increase rents for a stabilized rental unit until such fee or notice is reported.
(3) Failing to pay the fee or file a timely copy of a notice before the filing of an unlawful detainer lawsuit is a complete defense to an unlawful detainer.
§ 5.55.080 STABILIZATION OF RENTS: RIGHT OF REASONABLE RETURN FOR LANDLORDS. (A) Establishment of base rent. Beginning on the effective date of this chapter, no landlord shall charge rent for any stabilized rental unit in an amount greater than the rent in effect for that unit on February 2, 2022 except for increases expressly allowed under this chapter. The rent in effect on that date is the base rent. If there was no rent in effect on February 2, 2022 the base rent shall be the rent that was charged on the first date that rent was charged following February 2, 2022. For tenancies commencing after the adoption of this chapter, the base rent is the initial rental rate in effect on the date the tenancy commences. As used in this division, the term "initial rental rate" means only the amount of rent actually paid by the tenant for the initial term of the tenancy. The base rent is the reference point from which the maximum allowable rent shall be adjusted upward or downward in accordance with §

5.55.080(C).
(B) Posting. As soon as the landlord is aware of the annual general adjustment the landlord shall post it in a prominent place in or about the affected stabilized rental units. (C) Annual general adjustment. No later than June 30 each year, the Town Manager shall announce the percentage by which rent for eligible rental units will be adjusted, effective September 1 of that year. (1) The annual general adjustment shall be equal to 60% of the percentage increase in the consumer price index (all urban consumers, San Francisco Oakland Hayward region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12 month period ending as of March of the current year.
(2) Division (C)(1) notwithstanding, in no event shall the annual general adjustment be less than 0% not greater than 5%.
(3) For the period between the effective date of this chapter and the first annual general adjustment announced September 1, 2023, the landlord may submit a request to the Town Manager for an increase to the maximum allowable rent. Guidelines for approving or denying such request shall he promulgated by the Town Council.
(D) Petitions. Upon receipt of a petition by a landlord and/or a tenant, the maximum allowable rent of individual stabilized rental units may be adjusted upward or downward in accordance with the procedures set forth elsewhere in this section. The petition shall be on the form provided by the Town Manager and shall include a declaration by the landlord that the rental unit meets all requirements of this chapter.

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Notwithstanding any other provision of this section, the hearing examiner may refuse to hold a hearing and/or grant a rent adjustment if an individual hearing has been held and decision made with regard to the maximum allowable rent within the previous 12 months. (E) Hearing procedure. The Town Council shall enact rules and regulations governing hearings and appeals of individual adjustment of maximum allowable rents which shall include the following:
(1) Hearing examiner. A hearing examiner appointed by the Town Manager shall conduct a hearing to act upon the petition for individual adjustment of lawful rent and shall have the power to administer oaths and affirmations.
(2) Notice. The Town Manager shall notify the landlord, if the petition was filed by the tenant, or the tenant, if the petition was filed by the landlord, of the receipt of such a petition and provide a copy thereof. (3) Time of hearing. The hearing officer shall notify all parties as to the time, date and place of the hearing.
(4) Records. The hearing examiner may require either party to a rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner may conduct a current building inspection and/or request the city to conduct a current building inspection if the hearing examiner finds good cause to believe the Board's current information does not reflect the current condition of the stabilized rental unit. The tenant may request the hearing examiner to order such an inspection on or prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at town offices. In cases where information filed in a petition for maximum allowable rent adjustment or in additional submissions filed at the request of the hearing examiner is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (5) Open hearings. All maximum allowable rent adjustment hearings shall be open to the public. (6) Right of assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, tenant organization representatives or any other persons designated by said parties.
(7) Hearing record. The Town Manager shall make available for inspection and copying by any person, an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. Any party may receive a copy of the audio that was made.

Reasonable costs may be charged.
(8) Proof required and notice of decision. No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall be notified of their right to an appeal to the Town Council and/or to judicial review of the decision on appeal pursuant to this section and § 5.55.100. (9) Consolidation. All landlord petitions pertaining to tenants of the same property shall be consolidated for hearing, and all petitions filed by tenants occupying the same property shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions. (10) Time for decision. Decisions decreasing rents shall remain in effect until the Town Manager finds that The landlord has corrected the defect warranting the decrease. Upon a determination of compliance, the landlord shall be entitled to reinstatement of the prior rent level, retroactive to the date that the landlord corrected the defect which warranted the decrease. This shall be in compliance with Cal. Civil Procedure § 1942.4. If the landlord is found to be in violation of Cal. Civil Procedure § 1942.4 Town of Fairfax
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then no rent shall be charged for the period during which the landlord was in violation. (11) Appeal. Any person aggrieved by the decision of the hearing examiner may appeal to the Town Council acting as the Appeals Board. On appeal, the Town Council may affirm, reverse or modify the decision of the hearing examiner.
(12) Finality of decision. The decision of the hearing examiner shall be the final decision in the event of no appeal to the Town Council. The decision of the hearing examiner shall not be stayed pending appeal; however, in the event that the Town Council on appeal, reverses or modifies the decision of the hearing examiner, the landlord, in the case of an upward adjustment in rent, or the tenant, in the case of a downward adjustment of rent shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner's decision been the same as that of the Town Council.
(F) Individual adjustment rent increase. In making individual adjustments of the annual adjustable rent increase, the hearing examiner shall consider the purposes of this chapter and the requirements of law, including state law. In making an individual downward adjustment, the hearing examiner may consider decreases in housing services; substantial deterioration of the stabilized rental unit other than as a result of ordinary wear and tear; or failure on the part of the landlord to provide adequate housing services or to comply substantially with applicable housing. health and safety codes. (G) No direct charge for utilities. A landlord may not charge a tenant for utility charges indirectly, in order to be paid by a tenant, the utility service must be separately or individually metered and the utility account must be registered to the tenant and not the landlord. (H) Landlords' right of reasonable return. In making individual adjustments of the maximum allowable rent, the hearing examiner shall consider the purposes of this chapter and shall specifically consider all relevant factors, including,(but not limited to):
(1) Increases or decreases in property taxes;
(2) Unavoidable increases or any decreases in maintenance and operating expenses; (3) The cost of planned or completed capital improvements to the rental unit (as distinguished from ordinary repair, replacement and maintenance) where such capital improvements are necessary to bring the property into compliance or maintain compliance with applicable local code requirements affecting health and safety, and where such capital improvement costs are properly amortized over the life of the improvement;
(4) Increases or decreases in the number of tenants occupying the rental unit, living space, furniture, furnishings, equipment, or other housing services provided, or occupancy rules; (5) Substantial deterioration of the rental unit other than as a result of normal wear and tear; (6) Failure on the part of the landlord to provide adequate housing services, or to comply substantially with applicable state rental housing laws, local housing, health and safety codes, or the rental agreement; and
(7) The pattern of recent rent increases or decreases.
(I) No upward adjustment of an individual maximum allowable rent shall be authorized under this section if the landlord:
(1) Has continued to fail to comply with any provisions of this chapter and/or orders or regulations properly issued thereunder: or
(2) Has failed to bring the rental unit into compliance with the implied warranty of habitability. (J) Allowable rent increases pursuant to an individual upward adjustment of the rent ceiling shall become effective only after the landlord gives the tenant at least a 30 day written notice of such rent increase and the notice period expires. If the hearing examiner makes a downward individual adjustment of the rent ceiling, such rent decrease shall take effect no sooner than 30 days after the effective date set for the downward adjustment.
(K) No provision of this chapter shall be applied so as to prohibit the hearing examiner from granting Town of Fairfax
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an individual rent adjustment that is demonstrated by the landlord to be necessary to provide the landlord with a fair return on investment. Limits on the total increase per month and length of monthly increase may be promulgated by the Town Council through regulations.

5.55.090 NO WAIVER.

Any provision, whether oral or written, whereby any provision of this chapter for the benefit of the tenant is waived, shall be deemed to be against public policy and shall be void. § 5.55.100 JUDICIAL REVIEW.

A landlord or tenant aggrieved by any final action or decision of the Town Council may seek judicial review by appealing to the appropriate court within the jurisdiction. No action or decision by the Town Council shall go into effect until 30 days have expired to allow for such appeal. § 5.55.110 REMEDIES.
(A) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this chapter or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. The statute of limitations for all remedies in this division shall be three years. The remedies of this division are cumulative and may be used in addition to any other remedy in this chapter, at law, statute or ordinance.
(B) (1) In lieu of filing a civil action for violation of § 5.55.070, a tenant may file an administrative complaint. The Town Council may establish by resolution a hearing procedure similar to that set forth in § 5.55.080(E).
(2) In any administrative hearing under this section. A landlord who demands, accepts. receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed $500, for costs, expenses incurred in pursuing the hearing remedy, and damages. The tenant shall bear the burden of proving entitlement to this amount. The tenant may deduct the $500 costs payment and award of damages from future rent payments in the manner provided by the Town Manager. An order authorizing rent withholding tinder this chapter shall survive the sale or other transfer of the rental unit and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this chapter vacates the rental unit, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld. (C) If the tenant from whom such excessive payment is demanded, accepted, received or retained in violation of the foregoing provisions of this chapter or any rule or regulation or order hereunder promulgated, fails to bring a civil or administrative action as provided for in this section within 120 days from the date of occurrence of the violation, the Town Manager may settle the claim arising out of the violation or bring such action. Thereafter, the tenant on whose behalf the Town Manager acted is barred from also bringing an action against the landlord in regard to the same violation for which the Town Manager has made a settlement or brought action. In the event the Town Manager settles said claim, the town shall be entitled to retain the costs it incurred in settlement thereof, and the tenant against whom the violation has been committed shall be entitled to the remainder.

5.55.120 INJUNCTIVE AND OTHER CIVIL RELIEF.

Tenants and landlords of rental units, may seek relief from the appropriate court within the jurisdiction Town of Fairfax
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within which the affected rental unit is located to enforce any provision of this chapter or its implementing regulations or to restrain or enjoin any violation of this chapter and of the rules, regulations, orders and decisions.“
SECTION 6. ADDITION OF CHAPTER 5.55 OF THE TOWN CODE. Chapter 5.55 of Division II of Title 5 of the Fairfax Town Code is hereby added to read as follows:
“TITLE 5 – BUSINESS TAXES, LICENSES AND REGULATION
DIVISION II – SPECIFIC BUSINESS REGULATIONS
CHAPTER 5.55: MANDATORY MEDIATION FOR RENTAL INCREASES
§ 5.55.010 PURPOSE AND INTENT.

It is the purpose and intent of this chapter to increase certainty and fairness in the residential rental market within Town of Fairfax, in order to promote the health. safety, and general welfare of residents and businesses within the town. This chapter only governs disputes between landlords and tenants of rental dwelling units located within the Town of Fairfax. § 5.55.020 APPLICABILITY.

The provisions of this Chapter 5.55 shall apply to all dwelling units in the Town of Fairfax containing a separate bathroom, kitchen, and living area, including a single-family dwelling or unit in a multifamily or multipurpose dwelling, a unit in a condominium or cooperative housing project. or a unit in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Town of Fairfax Municipal Code, which is hired, rented, or leased to a household within the meaning of Cal. Civil Code 6 1940. This definition applies to any dwelling space that is actually used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.

Notwithstanding anything to the contrary above, the provisions of this Chapter 5.55 shall not apply to the following:
(A) Any dwelling unit that is owned or operated by any government agency; or (B) Any dwelling, unit for which one of the following is true (1) the rent is limited to no more than affordable rent, as such term is defined in Cal. Health & Safety Code § 50053, pursuant and subject to legally binding restrictions enforceable against and/or governing such units; or (2) the rent is directly subsidized by a government agency such that the tenant's portion of the rent does not exceed 30% of income.
§ 5.55.030 DEFINITIONS.

For the purpose of this chapter, the following words and phrases shall mean:

DESIGNATED SERVICE PROVIDER. A party, organization, or other governmental agency/department (e.g., County of Marin) selected by the Town Manager to provide mediation services and other tasks necessary to implement the program and procedures contained in this chapter and any associated guidelines.

GOOD FAITH PARTICIPATION. Includes the affirmative duty of the landlord to: (i) refrain from any harassment or other prohibited activity described in § 5.55.060 and to (ii) refrain from an unlawful detainer proceeding while the parties are engaged in proceedings under this chapter excepting only those actions authorized by Cal. California Code of Civil Procedure §§ 1161(3) and 1161(4) or any successor provisions. GOOD FAITH PARTICIPATION also includes the affirmative duty of the tenant to abide by Town of Fairfax
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the terms of the lease or rental agreement and to pay all lawful rent owed.

GUIDELINES. Any written regulations forms, notices for the administration and implementation of this chapter adopted by the Town Manager, with review by the Town Attorney, and included in the guidelines.

LANDLORD. An owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any dwelling unit or portion thereof.

MEDIATION. One or more meetings in which a landlord and tenant have the opportunity to directly communicate with a mediator and each other in a face-to-face setting at a neutral location in order to resolve a rental housing dispute under ground rules designed to protect the confidentiality and neutrality of the communications.

MEDIATOR. A person who is employed by the designated service provider and who meets any criteria for conducting mediations that may be established in the guidelines.

RENT. The consideration, including any funds, labor, bonus, benefit, or gratuity, demanded or received by a landlord for or in connection with the use and occupancy of a dwelling unit and the housing services provided therewith, or for the assignment of a rental agreement for a dwelling unit.

TENANT. A person entitled by written or oral agreement, or by sufferance, to the use or occupancy of a dwelling unit.

TOWN MANAGER. The Fairfax Town Manager or his or her designee unless otherwise specified. § 5.55.040 MEDIATION ELIGIBILITY.
(A) Tenant-initiated mediation. A tenant residing in a dwelling unit may file a request and receive mediation services within either 30 calendar days from the enactment of this chapter or ten calendar days of the tenant's receipt of one or more notices in accordance with Cal. Civil Code § 827 that individually or cumulatively increase rent more than five percent within any 12-month period. (B) Landlord-requested mediation. Any landlord may file a request and receive mediation services in order to pursue a rent increase greater than five percent within any 12-month period.

5.55.050 MEDIATION PROCESS.
(A) Designated service provider. The Town Manager shall contract with or designate a designated service provider to provide mediation services. The guidelines may include a description of minimum qualifications for the designated service provider and its mediators. (B) Mediation requests.
(1) Any tenant or landlord eligible for mediation under § 5.55.040 may request mediation services from the designated service provider.
(2) Each landlord and/or tenant requesting mediation services must complete and sign a form under penalty of perjury that demonstrates eligibility for mediation under this chapter and includes other information as may be specified in the guidelines.
(3) Separate requests for mediation services that involve one or more of the same parties may be consolidated with the consent of the landlord and the other tenant(s), but consolidation is not required and shall not affect individuals' ability to be separately represented or to bring a separate legal action. (4) If an eligible tenant has requested mediation as a result of receiving one or more notices in accordance with Cal. Civil Code § 827 that individually or cumulatively increase rent more than five percent within any 12-month period, unless the parties otherwise agree in writing, such noticed rent increase will not be effective until the mediation concludes. (C) Two-step mediation process. The designated service provider shall assign a mediator within ten calendar days of receiving a complete request for mediation services. The assigned mediator shall offer a two-step mediation process as follows:
(1) Within two business days of receiving a mediation assignment from the designated service provider. the mediator shall provide notice of the mediation to the landlord and tenant. The mediation notice shall, at a minimum inform each party of their obligation to appear at the mediation and participate in the mediation in good faith. The mediator shall make reasonable efforts to schedule mediation sessions Town of Fairfax
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at times that are mutually convenient for the landlord and the tenant, which may include times that are outside of business hours. The mediation process shall commence upon notification of the landlord and tenant by the mediator.
(a) A mediator may notify the landlord and/or tenant of the mediation process via telephone, email, or any other form of communication, but at a minimum, the mediator must notify each party in writing via first-class mail, postage prepaid to each parties’ address of record. (b) Following the mediator sending such notification, both the landlord and the tenant have an affirmative obligation to participate in the mediation in good faith until the mediation concludes. (2) The mediation process shall conclude upon the earlier of: (a) the execution of a legally enforceable, written mediation agreement signed by all parties to the mediation service under §

5.55.050(E); (b) the mediator’s determination that no further progress is likely to result from continued mediation; or (C) all of the parties to the mediation indicate in writing that the mediation has concluded to their satisfaction. In no event shall a mediation process last longer than 30 calendar days from when the parties are notified unless the parties agree in writing to extend the mediation term. If no legally enforceable, written mediation agreement is reached. the mediator shall prepare and distribute a nonbinding mediation statement under § 5.55.050(F). The mediator shall send the mediation statement to each party's address of record via first-class mail, postage prepaid. (D) Mandatory participation. Every party to a mediation is affirmatively obligated to participate in such mediation in good faith until the mediator determines the mediation has concluded. (1) Definition. For purposes of this section, GOOD FAITH PARTICIPATION includes by reference the definition described in § 5.55.030 and also means the mutual obligation of the landlord and tenant to meet on each occasion when notified of mediation proceedings, provide relevant information, exchange proposals, timely consider and respond to proposals by opposite parties. and engage in meaningful discussion on the subject of proposed rent increases and issues related to the rent increase. (2) Failure to participate in good faith.
(a) No rent increase will be effective unless or until the landlord of the dwelling unit complies with the provisions of this chapter by participating in good faith as described in §§ 5.55.030 and 5.55.050 throughout the entirety of a mediation process.
(b) If a tenant fails to participate in good faith. the mediator at his or her discretion may determine that the tenant has withdrawn their request for mediation service and conclude the mediation process. allowing any rent increase to be implemented in accordance with the notice requirements identified in Cal. Civil Code § 827.
(3) Finding of a failure to participate in good faith.
(a) A mediator or party to the mediation process may request that the Town Manager investigate a claim of failure to participate in good faith by another party. The Town Manager shall be responsible for investigating allegations of a lack of good faith participation by any party. (b) Any determination that a party has failed to participate in good faith in a proceeding under this chapter shall only be made after a fair hearing by a hearing officer appointed by the Town Manager and the rendition of factual findings supported by the record. All parties to such hearing must receive written notice of the hearing at least five business days prior to the hearing date. Following such a hearing, the Town Manager shall give prompt notice of the determination by first-class mail, postage prepaid, to the affected party. Additional hearing procedures. including procedures for appeals (if any), may be specified in the guidelines.
(E) Mediation agreements.
(1) Any agreement reached by the parties in mediation must:
(a) Be made in writing and signed by the parties:
(b) State the specific terms of the mediation agreement including the duration and conditions of the agreement;
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(c) State the effective date of any agreed-upon rent increase and stipulate to the adequacy of notice for any rent increase in accordance with Cal. Civil Code § 827; (d) Be legally enforceable against the parties to the agreement:
(e) Provide that the agreement may be enforced via civil action by any party: and (f) Provide that any agent or representative signing a mediation agreement on behalf of other persons shall be responsible for promptly providing a copy of the agreement to the parties they represent. (2) A tenant bound by a mediation agreement may not request further mediation concerning any rent increase covering the same time period included in the mediation agreement but may request mediation concerning an additional rent increase that is first noticed or occurs after the mediation agreement is signed by both parties.
(F) Mediation statements. If a mediation service does not result in a mediation agreement, then the designated mediator shall produce a nonbinding mediation statement. The guidelines shall include form mediation agreements and mediation statements that include, without limitation, the following information:
(1) The name of each party that appeared for and participated in good faith in the mediation service: and
(2) A concise summary of the dispute including the perspectives of each party that appeared for and participated in good faith in the mediation
service.
§ 5.55.060 ANTI-HARASSMENT AND OTHER PROHIBITED ACTIVITIES. (A) No landlord may do any of the following in bad faith, with ulterior motive, or without honest intent:
(1) Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing service under a lease or rental agreement, including but not limited to utility services and other amenities and services agreed to by contract:
(2) Fail to perform repairs or maintenance required by contract or by state, town, or county housing. health, or safety laws;
(3) Fail to exercise due diligence to complete repairs and maintenance once undertaken, including the failure to follow industry-appropriate safety standards and protocols:
(4) Abuse or otherwise improperly use landlord's right to access the property:
(5) Remove personal property of the tenant(s) from the dwelling unit; (6) Influence or attempt to influence the tenant(s) to vacate the unit by means of fraud, intimidation, or coercion (including but not limited to threats based on immigration status in violation of Cal. Civil Code t$ 1940.3;
(7) Offer payment or any other consideration, in return for the tenant(s) vacating the dwelling unit, more often than once every six months;
(8) Threaten the tenant(s) by word or gesture with physical harm; (9) Interfere with the tenant( s) right to quiet use and enjoyment of the dwelling unit; (10) Refuse to accept or acknowledge receipt of lawful rent from the tenant(s); (11) Interfere with the tenant(s) right to privacy:
(12) Request information that violates the tenant(s) right to privacy:
(13) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant(s) comfort, repose, peace. or quiet enjoyment, and that cause, are likely to cause, or are intended to cause the tenant(s) to vacate the dwelling unit: or (14) Retaliate against the tenant(s) for the tenant(s) exercise of rights under this chapter or state or federal law.
(B) Nothing in this § 5.55.060 prohibits the lawful eviction of a tenant in accordance with Cal. Civil Code § 1946.1 or by any other appropriate legal means.
§ 5.55.070 CIVIL REMEDIES.

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(A) Injunctive relief. Any aggrieved person may enforce the provisions of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by county counsel, the district attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class. (B) Civil liability. Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for, and the court must award to the individual whose rights are violated, three times the amount of special and general damages. The court may award in addition thereto not less than $200 but not more than $400, together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the events giving rise to the alleged cause of action. § 5.55.080 NOTICE OF TENANT RIGHTS. (A) Landlords must provide to each tenant a notice of tenant rights under this chapter that describes the mediation service and how to request service; a form for providing such notice may be issued in the guidelines.
(B) Landlords must provide to tenants the notice of tenant rights under § 5.55.080(A) in the following circumstances:
(1) Within 30 calendar days of enactment of this chapter; (2) When entering a lease or rental agreement;
(3) When renewing a lease or rental agreement;
(4) When providing notice of a rent increase; and
(5) At such times as required by the town, which may include. but is not limited to. when this chapter is significantly amended.
(C) All notices provided under this section shall be provided in the primary language of the tenant, if reasonably feasible. If the tenant's rental agreement was negotiated in another language, the landlord is obligated to provide an accurate translation of the notification in that other language as well. In the event that the designated service provider is unable to provide translation services for the parties, the parties who do not speak or are not comfortable with English must provide their own translators. To participate in mediation proceedings, the translators will be required to take an oath that they are fluent in both English and the relevant foreign language and that they will fully and to the best of their ability translate the proceedings.
(D) Failure to comply with the notice provisions described in this chapter shall render any rental increase notice invalid and unenforceable. The failure to comply with the notice provisions will be cured only after the proper written notice of tenant's rights, along with a new rental increase notice, has been properly served on the tenant.
§ 5.55.090. CONFORMITY WITH STATE LAW.

Notwithstanding any other provision of law. except as provided in this chapter an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling unit or rent unit under any circumstance permitted under State law, including but not limited to Cal. Civil Code §§ 1946.12- 1946.13 and Cal. Civil Code §§ 1954.50-1954.535. The Town shall not enforce any limits on rent more restrictive than those set forth in State law and this chapter. Nothing in this section shall be construed to exempt an owner who has otherwise agreed by contract with a public entity to limit rent in exchange for any consideration from the obligations of that contract. nor shall it be construed to exempt any dwelling unit that is subject to legally binding restrictions enforceable against and/or governing such units that limit the rent to no more than an affordable rent, as such term is defined in Cal. Health & Safety Code § 50053 and as subsequently amended, from those restrictions. Any provision of law governing the rents that may be charged for a rental unit that was adopted after this measure was submitted for title and summary but prior to the effective date of this act, and that is inconsistent with this provision, is hereby repealed. § 5.55.100 SEVERABILITY.

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The provisions of this chapter are declared to be severable. If for any reason, any section. paragraph, clause, or phrase of this chapter or the application thereof to any person, entity, or circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.“ SECTION 7. INTERPRETATION. This Act must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. It is the intent of the voters that the provisions of this Act be interpreted or implemented in a manner that facilitates the purposes set forth in this Act. The title of this Initiative and the captions preceding the sections of this Initiative are for convenience of reference only.

Such title and captions shall not define or limit the scope or purpose of any provision of this Initiative. The use of the terms “including,” “such as” or words of similar import when following any general term, statement or matter shall not be construed to limit such term, statement or matter to the specific items or matters, whether or not language of non-limitation is used. Rather, such terms shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such statement, term, or matter.

SECTION 8. SEVERABILITY. If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable. The voters declare that this Act, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Act is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Act that can be given effect without the invalid application.

SECTION 9. CONFLICTING BALLOT MEASURES. In the event that this Act and another measure or measures relating to landlord-tenant relations shall appear on the same municipal election ballot, the provisions of such other measures shall be deemed to be in conflict with this Act. In the event that this Act shall receive a greater number of affirmative votes, the provisions of this Act shall prevail in their entirety and each and every provision of the other measure or measures that conflict, in whole or in part, with this Act shall be null and void in their entirety. In the event that the other measure or measures shall receive a greater number of affirmative votes, the provisions of this Act shall take effect to the extent permitted by law.

SECTION 10. EFFECTIVE DATE. In accordance with the provisions of California Elections Code § 9217, if a majority of the voters vote in favor of the Initiative, the Initiative shall go into effect ten days after the official vote count is declared by the Town Council.

SECTION 11. AMENDMENT. Pursuant to California Elections Code § 9217 the provisions of this Initiative may only be amended by a vote of the People.

SECTION 12. ATTESTATION OF ORDINANCE. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.

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PASSED, APPROVED AND ADOPTED by the People of the Town of Fairfax on this 5th day of November 2024.

ATTEST:
__________________________ ________________________________

BARBARA COLER CHRISTINE FOSTER

MAYOR DEPUTY TOWN CLERK

Fairfax City CouncilMay 29, 2024

Fairfax City Council
May 29, 2024