Rent Dispute Resolutions
Both tenants and landlords have the option of resolving a disagreement over rent by requesting mediation through Marin County or initiating a hearing through the Town of Fairfax.
Per Fairfax Municipal Code Section 5.55.070 (A)(11), the Town will make available on a contract basis legal assistance services for low income residents of Fairfax related to evictions and petitions, hearings and appeals.
Mediation
Marin County offers free mediation services to both tenants and landlords when they have disputes. In mediation, a neutral third-party, called a mediator, facilitates discussion between tenants and landlords with the goal of amicably settling a dispute. Mediation does not guarantee a reduction in any rent increase and tenants are required to pay all rent legally due to the landlord during the mediation process.
A Tenant request for Mandatory Mediation services must be submitted no more than 10 calendar days after the Tenant receives one or more notices that individually or cumulatively increase Rent more by more than 5% within any 12-month period.
A Landlord request for Mediation services may be submitted at any time in advance of providing the Tenant with notice of an intended Rent increase greater than 5% within any 12-month period.
To request mediation services, please use the form on Marin County's website: https://www.marincounty.org/depts/cd/divisions/housing/dispute-resolution
Hearing
Hearings can provide a forum for housing providers to raise the rent above the existing cap and a forum for tenants to challenge their housing provider. A petition to conduct a hearing must declare that the rental unit meets all requirements of Chapter 5.55 of the Fairfax Municipal Code. Hearings cost $1,000 to cover the fees of the Hearings Officer.
Fairfax will start accepting petitions for hearings on April 8th, 2024. Please contact housing@townoffairfax.org.
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.