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The provisions of this Chapter 5.55 shall apply to all dwelling units in the Town of Fairfax containing a separate bathroom, kitchen, and living area, including a single-family dwelling or unit in a multifamily or multipurpose dwelling, a unit in a condominium or cooperative housing project, or a unit in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Town of Fairfax Municipal 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.
Notwithstanding anything to the contrary above, the provisions of this Chapter 5.55 shall not apply to the following:
(A) Any dwelling unit that is owned or operated by any government agency; or
(B) Any dwelling unit for which one of the following is true (1) the rent is limited to no more than affordable rent, as such term is defined in Cal. Health & Safety Code § 50053, pursuant and subject to legally binding restrictions enforceable against and/or governing such units; or (2) the rent is directly subsidized by a government agency such that the tenant’s portion of the rent does not exceed 30% of income.
(Ord. 830, passed 5-1-2019)