Skip to code content (skip section selection)
For the purpose of this chapter, the following words and phrases shall mean:
DESIGNATED SERVICE PROVIDER. A party, organization, or other governmental agency/department (e.g., County of Marin) selected by the Town Manager to provide mediation services and other tasks necessary to implement the program and procedures contained in this chapter and any associated guidelines.
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 as defined in Cal. Civil Code § 1940 and the Town Code.
GOOD FAITH PARTICIPATION. Includes the affirmative duty of the landlord to: (i) refrain from any harassment or other prohibited activity described in § 5.55.060 and to (ii) refrain from an unlawful detainer proceeding while the parties are engaged in proceedings under this chapter excepting only those actions authorized by Cal. California Code of Civil Procedure §§ 1161(3) and 1161(4) or any successor provisions. GOOD FAITH PARTICIPATION also includes the affirmative duty of the tenant to abide by the terms of the lease or rental agreement and to pay all lawful rent owed.
GUIDELINES. Any written regulations, forms, notices for the administration and implementation of this chapter adopted by the Town Manager, with review by the Town Attorney, and included in the guidelines.
LANDLORD. An owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any dwelling unit or portion thereof.
MEDIATION. One or more meetings in which a landlord and tenant have the opportunity to directly communicate with a mediator and each other in a face-to-face setting at a neutral location in order to resolve a rental housing dispute under ground rules designed to protect the confidentiality and neutrality of the communications.
MEDIATOR. A person who is employed by the designated service provider and who meets any criteria for conducting mediations that may be established in the guidelines.
RENT. The consideration, including any funds, labor, bonus, benefit, or gratuity, demanded or received by a landlord for or in connection with the use and occupancy of a dwelling unit and the housing services provided therewith, or for the assignment of a rental agreement for a dwelling unit.
TENANT. A person entitled by written or oral agreement, or by sufferance, to the use or occupancy of a dwelling unit.
TOWN MANAGER. The Fairfax Town Manager or his or her designee unless otherwise specified.
(Ord. 830, passed 5-1-2019)