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 or by two or more persons who maintain a common household and as defined in California Civil Code § 1940, as may be amended from time to time.
EDUCATOR. Any person who works at a school, grade 12 or below, 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.
LODGER. A person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit, and as defined by California Civil Code section 1946.5, as may be amended or renumbered from time to time.
PRIMARY RESIDENCE.
(1) Occupancy of a primary residence does not require that the individual be physically present in the unit at all times or continuously, but the unit must be the individual's usual 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, limited liability company when at least one member is a corporation, a real estate investment trust (REIT) as defined in section 856 of the Internal Revenue Code, a private equity firm, private equity REIT, a corporation 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’s website for each year.
STUDENT. A person following a course of study as a school, grade 12 or below, in Marin County.
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.
(Ord. 870, passed 11-2-2022; Ord. 882, passed 9-6-2023)