Archives: FAQs

What is the annual maximum rent increase?

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

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

December 2, 2022 and revisions were effective on October 6, 2023. The first maximum rent increase provision went into effect on September 1, 2023. The next rent increase will go into effect on September 1, 2024. The provisions related to petitions, hearings and rental housing fee collection will not be implemented until the Town enters … Continued

Am I covered by Fairfax’s Rent Stabilization Ordinance?

Fairfax’s ordinance will cover many residents. However, there are several exclusions from the law. If you rent a unit that falls into one of the following categories, Fairfax’s Rent Stabilization Ordinance does NOT protect your tenancy: Single-family homes (where only one rental unit exists on the property) Condominiums Properties built after February 1, 1995 Dorm … Continued

What protections does Fairfax’s Rent Stabilization Ordinance give me?

The ordinance limits rent increases and stops landlords from decreasing housing services. Fairfax’s Rent Stabilization Ordinance will limit rent increases to once a year. Annual rent increases will be capped at 60% of the annual percentage increase to the April, 2023 Consumer Price Index (CPI) and 75% of the annual percentage increase to the April, … Continued

What good is my participation?

The State of California has declared a ‘housing supply crisis’ and holds all local communities accountable for accommodating an assigned housing target, regardless of available land capacity. Your participation is essential to creating a plan that represents Fairfax’s core values while meeting regional and state-mandated housing goals.

What happens if a city does not adopt a housing element or if the housing element does not comply with state law?

The penalties for non-compliance have increased in scope and severity over the past few legislative cycles, and they currently include: Limited access to state funding, including transportation funding for local roadway maintenance and capital improvement projects. Court imposed fines of up to $600,000 per month. The statute also allows the state to collect these fines … Continued

Is Fairfax required to build the housing assigned?

Under current state law, cities are not required to build housing units. Housing construction is still driven by the private market. Instead, a city is required to ensure that sufficient lands are available to accommodate all assigned units ‘by right.’ To do so, cities must determine whether enough land is available to accommodate its RHNA … Continued

What was the result of the Council’s appeal of the RHNA numbers?

The Town’s appeal was officially denied and the City’s RHNA number remains at 490 housing units. The Town of Fairfax submitted an appeal to ABAG, and the Town’s hearing in front of ABAG Administrative Committee was reviewed. The Administrative Committee’s Preliminary Action was to deny the appeal. The final RHNA number was released in December … Continued

Why is the 490 unit number referred to as a RHNA number?

RHNA stands for Regional Housing Needs Allocation. For the Bay Area, the Association of Bay Area Governments (ABAG) was tasked with allocating a number of units to each city, town, or county according to their criteria. The Town of Fairfax was allocated 490 units according to ABAG. Visit the Project Documents page for more information.

How is Fairfax’s housing assignment determined?

The California Departments of Finance (DOF) as well as the Housing and Community Development (HCD) forecasts the need for housing within each region based on population projections. This process is called the Regional Housing Needs Assessment (RHNA). The regional planning agency for each region then must distribute the projected housing among its member local jurisdictions. … Continued

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