Archives: FAQs

What protections do I have if I face temporary displacement of 30 days or less in order for my landlord to make repairs to the unit?

Short-Term Relocation Payments If you are temporarily displaced for 30 days or less due to the need for repairs or renovation work (Example: termite tenting), your landlord is required to immediately provide the short-term relocation payments in the amount of $190 for each day of displacement. If you accept these short-term relocation payments, you must … Continued

What are the reasons my landlord can legally evict me?

Your landlord may still legally evict you for the following just causes: Failure to pay rent Breach of lease, but see below for sublessee exceptions Creating a nuisance or damaging the unit Conviction of serious crime that occurred during tenancy and within 1,000 ft. of the unit Threatening commission of a violent crime to anyone … Continued

Is Fairfax “rolling back” Rents?

Yes, but only to establish a base rent. For existing tenants, if you wish to raise the rent after October 6, 2023, you will need to roll back the rent to the March, 2022 amount, plus the maximum allowable rent increase for the period beginning September 1, 2023, which is 2.52% (see further details below … Continued

When did Fairfax’s Rent Stabilization Ordinance go into effect?

The ordinance was effective on December 2, 2022. Provisions relating to petitions and rental housing fee collection, however, will not be implemented until the implementation support is in place and the Town Council adopts a resolution setting an implementation date. On October 6, 2023, the recent changes to the ordinance became effective.

If one of my tenants moves out and a new tenant moves in, can I raise the rent beyond the annual maximum rent increase set by the ordinance?

Yes. Rent control only applies to a given tenancy. If a tenant moves out, there are no restrictions on how much you can charge in rent for the new tenant.

Is my property covered by the ordinance?

Fairfax’s ordinance will cover most residential rental units. However, there are several exclusions from the law. Please see the Applicability Chart on the Town’s website for a list of types of covered and non-covered units.

What happens if I decide that I no longer want to provide laundry, parking, pool, or other housing services?

In general, you cannot change housing services without an agreement from the tenant. In the event that you cannot control the reduction in services, then you will have to reduce the rent an amount commensurate with the reduction in services.

What if this amount is not enough?

Every landlord has a constitutional right to make a reasonable return on their investment. Once the ordinance is implemented, landlords will be able to file a petition in the event the allowed increase does not provide for a reasonable return on their investment. When the implementation support is in place, the Town Council will adopt … Continued

How much can I raise the rent each year?

Under the ordinance, the maximum annual rent increase is called the Annual General Adjustment (AGA). The AGA is set at 60% of the percentage increase to the April Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward region for the time period of September 1, 2023 to and through August 31, 2024. The AGA can never … Continued

How do I calculate my new rent?

If you are calculating rent prior to October 6, 2023 and to be effective after September 1, 2023: Example If you were paying $2,000 in March of 2022, your Landlord could increase your rent by an amount calculated as follows: ($2,000) + ($2,000 x .0252) = new rent $2,000 + $50.40 = $2,050.40 $2,050.40 = … Continued