For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEALS BOARD. The Town Council of the Town of Fairfax.
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 or renumbered from time to time.
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.
MAXIMUM ALLOWABLE RENT. The maximum allowable rent which may be legally charged on any stabilized rental unit covered by this chapter.
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 HOUSING FEE. The fee described in § 5.55.070.
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.
STABILIZED RENTAL UNITS. All rental units in the Town of Fairfax except those rental units exempt under one or more of the following provisions:
(1) Rental units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than 30 days. This exemption does not apply (a) to a tenant who has resided at the property for more than 30 continuous days; (b) a tenant who has entered into an agreement to lease a rental unit for 30 days or more; or (c) where a landlord has violated Cal. Civil Code § 1940.1 with regard to the tenant.
(2) Rental units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in Cal. Building Code § 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental units which a government unit, agency or authority fully owns, operates and manages. This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal rent stabilization.
(4) Rental units exempt pursuant to the Costa-Hawkins Rental Housing Act (Cal. Civil Code §§ 1954.50 through 1954.535). If this division (4) is repealed by operation of law, new rental units shall be exempt per this division only if newly constructed within ten years prior to such repeal. In such case, pursuant to Cal. Gov't Code § 66300(d)(2)(A), all units built on the same parcel where any Stabilized rental unit was previously demolished shall not be exempt as new construction.
(5) Private, for profit care homes, assisted care facilities, supportive housing.
(6) Exemptions listed in § 5.55.030(B).
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.
TENANT ORGANIZATION. Any group of tenants who organize collectively for their shared interest(s) as tenants, including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether they share the same landlord or management company.
TOWN. The Town of Fairfax, California
TOWN MANAGER. The Town Manager of the Town of Fairfax, California or designee.
UTILITY CHARGES. Any charges for gas, electricity, water, hot water, sewer, refuse removal, cable or internet.
(Ord. 871, passed 11-2-2022; Ord. 882, passed 9-6-2023)