§ 5.55.070 RENT STABILIZATION.
   (A)   Authority and Duties. The Town Manager or Town Council shall have the following authority and duties under this chapter:
      (1)   Establish a base rent under § 5.55.080(A).
      (2)   Make adjustments in the rent increase and decreases in accordance with § 5.55.080.
      (3)   Set rents at fair and equitable levels in order to achieve the intent of this chapter.
      (4)   Issue orders, rules and regulations, conduct hearings and charge fees as set forth below.
      (5)   Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out required duties.
      (6)   Report annually to the Fairfax Town Council on the status of rental housing covered by this chapter. This shall include a summary of the numbers of notices served, the basis upon which they were served, the amount of the rent increases and the addresses for which they were served. A searchable database will be created so that service of notice may be determined as well as the summaries. A rent increase, termination, or change in terms of tenancy is not valid if not served on the Town Manager.
      (7)   Administer oaths and affirmations and subpoena witnesses.
      (8)   Establish rules and regulations for deducting penalties and settling civil claims under § 5.55.110.
      (9)   Seek authorization from the Town Council to seek injunctive and other civil relief under §§ 5.55.110 and 5.55.120.
      (10)   Charge and collect the rental housing fee, including penalties for late payments.
      (11)   Make available on a contract basis legal assistance services for low-income residents of Fairfax related to evictions and petitions, hearings and appeals.
      (12)   Collect and/or receive copies of notices of termination of tenancy, rent increase, and changes in terms of tenancy.
      (13)   Any other duties necessary to administer and enforce this chapter.
   (B)   Rules and regulations. The Town Council may issue such rules and regulations, including those which are contained in this chapter as will further the purposes of the chapter. The Town Council shall publicize its rules and regulations prior to promulgation on the town's website.
   (C)   Community education. The Town Manager may publicize this chapter and Chapter 5.54 so that all residents of Fairfax will have the opportunity to become informed about their legal rights and duties under this chapter. The Town Manager will prepare a brochure which fully describes the legal rights and duties of landlords and tenants under Chapters 5.54 and 5.55 of this Code. The brochure will be available to the public and each tenant of a rental unit shall receive a copy of the brochure from their landlord. Landlords shall provide the brochure at the commencement of the tenancy and with each notice of rent increase. This brochure will be made available for download from the town website and/or other appropriate technology. Information about the rent stabilization program may be made available in other languages as requested by the community.
   (D)   Collection of rental housing fee. All landlords shall pay the business license fee required by the Town Code § 5.16.010, if applicable, in addition to the rental housing fee. The town may charge the rental housing fee at the same time as the business license fee. The rental housing fee will be set by resolution of the Town Council. Enforcement of this chapter shall be funded by the rental housing fee.
   (E)   Reporting and fee payment requirements.
      (1)   Within 60 days after the implementation date of this chapter, all landlords shall file a copy of all rental increase notices, change of terms of tenancy and tenancy termination notices with the Town Manager before serving the tenant the notice. A proof of service with time and date of service of notice shall be included with notice filed with the Town Manager.
      (2)   After proper notice and hearing, if it is determined that a landlord has willfully and knowingly failed to properly report, as described above, any rental increase notices, change of terms of tenancy or tenancy termination, or pay the rental housing fee, the Town Manager may authorize the tenant of such a non-reporting or fee paid unit to withhold all or a portion of the rent for the rental unit until such time as the rental housing fee is paid or notice filed. After a notice is properly filed or fee paid, the Town Manager shall determine what portion, if any, of the withheld rent is owed to the landlord for the period in which the notice is not properly filed or fee paid. Whether or not the Town Manager allows such withholding, no landlord who has failed to properly report or pay the fee shall at any time increase rents for a stabilized rental unit until such fee or notice is reported.
      (3)   Failing to pay the fee or file a timely copy of a notice before the filing of an unlawful detainer lawsuit is a complete defense to an unlawful detainer.
(Ord. 871, passed 11-2-2022; Ord. 882, passed 9-6-2023)