(A) Applicability. Except as provided herein, the provisions of this chapter shall apply to all properties in Fairfax that are hired, rented, or leased to a household within the meaning of Cal. Civil Code § 1940, including properties that contain any of the following: (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. 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) Exemptions. The following rental units shall be exempt from the provisions of this chapter:
(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 thirty 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; or (d) a rental unit used exclusively as a short-term rental as defined in Fairfax Town Code § 17.008.020.
(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) Any dwelling unit located in a development where 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 and as subsequently amended.
(5) Exemptions listed in the definition of stabilized rental units in this chapter.
(Ord. 871, passed 11-2-2022)