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(A) General application. Except as provided in § 5.54.020(B) below, the provisions of this Chapter 5.54 shall apply to all properties in Fairfax that contain at least: (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, which is hired, rented, or leased to a household within the meaning of Cal. Civil Code § 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.
(B) Exceptions. Notwithstanding anything to the contrary above, the provisions of this Chapter 5.54 shall not apply to the following types of dwelling units:
(1) Any dwelling unit for which one of the following is true:
(a) The dwelling unit is owned or operated by any government agency; or
(b) The rent is directly subsidized by a government agency such that the tenant’s portion of the rent does not exceed 30% of household income; or
(2) Any dwelling unit located in a development where no fewer than 49 percent of 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; or
(3) Any dwelling unit occupied by a tenant employed by the landlord for the purpose of managing the property.
(4) Any junior accessory dwelling unit as defined in Fairfax Town Code § 17.048.230.
(5) A room or rooms in a single-family home where the landlord also lives in the home.
(Ord. 828, passed 3-6-2019; Am. Ord. 829, passed 4-3-2019)