Ballot Measure I

VOTE YES to REPEAL the rent control ordinances passed by the Fairfax Town Council in 2022!

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Why We Care

These ordinances place an unfair burden on homeowners renting out extra units, backyard cottages and ADUs. Our rentals are a vital part of what defines our small town's unique character.

 

Why Repeal?

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• State & Town Protections Exist: In 2019 both California and Fairfax  passed balanced renter protections that we support.

• Fairfax Isn't A Big City: These overreaching ordinances were designed for larger cities with big budgets and urban housing markets.

• Protect Our Community: These regulations threaten the Mom & Pop home owners who provide 2/3rds of the rentals in Fairfax.

 

The Problem with These Ordinances

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• Reduces, not increases, available rental housing in Fairfax.

• Creates complex liabilities for small rental providers.

• Allows renters to prevent owners from moving back to their own homes.

• Incentivizes out of control sub-leasing, increasing neighborhood density.

• Disincentivizes the building of ADUs, further decreasing housing.

• Drafted by external activists without input from local rental providers.

 

Who We Are 

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• Fairfax Association of Small Rental Providers is a grassroots movement funded by small member contributions from Fairfax homeowners.

• We are your neighbors, friends, and fellow residents.​

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Good neighbors working together 

for our neighborhoods!

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More ...

 

​Unintended Consequences - a short history
In 2022, the Fairfax Town Council passed a set of radical rent control ordinances, pushed by the Democratic Socialists of America (DSA). The room was packed with DSA activists, the Council ignored input from local housing providers, and these new laws were rammed through on the eve of an election. These excessive regulations – over 13,400 words long – are bad laws that discourage small owners from renting. Here’s why:

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Encourages Out-of-Control Sub-leasing

As in San Francisco, "forever tenants" paying their original fixed rent, can now sub-lease indefinitely and act as the “new landlord” for years, raising rents on subtenants for their own profit, with no responsibility for upkeep. These laws also give tenants an almost unlimited right to pack in more subtenants – up to a density of 70 sq. ft./person, burdening neighbors with parking and other impacts.

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Prohibits Evicting Tenants for Illegal Activity

– Unless They Are Criminally Convicted
This exposes other tenants to risk of harm and criminal activity such as drug dealing, and increases risk of civil liability for owner.

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Creates Bureaucracy & Tracking System
The town is mandated to track leases, rent fees, and copies of notices, with space and personnel costs borne by the Town of Fairfax. Laws mandate all rent notices are to be filed with the Town Manager and subject to public scrutiny – including embarrassing delinquent rent notices.​

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​Prevents Homeowners From Moving Back to their Homes

& Encourages Discrimination 

Owners are prohibited from moving back into their property if any tenant is 65 or older, even if the owner is also elderly, and prohibits owners from moving back in if any tenant has any kind of “disability” (unless the owner is also disabled). These restrictions on owners moving back in will discourage renting to elderly or disabled tenants – another unintended consequence that will increase housing discrimination.

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​Interferes with Homeowners Selling Homes 

Homeowners are now forced through an intrusive bureacratic process to “withdraw” their home from the rental market before they can sell. This begins with a forced buy-out of existing tenants – refunding up to 3 months rent, plus relocation costs. It then requires recording a deed restriction against the property, preventing anyone from re-renting the home for 5 years – a stain on the title which will make it harder to sell the home. Plus, any elderly or “disabled” tenant can stop this process for at least 6 months – and up to 9 months for teachers and those with children – creating further obstacles to rent to these groups. This process is a huge financial disincentive for anyone to ever consider renting out their single-family home, which will further reduce availability of rental properties in Fairfax.

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​“Just Cause Provisions” Apply to All Rentals 

There are no exemptions for single family homes, in-law units or stand-alone ADU’s for these excessive regulations.

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Unsustainable Rent Caps
The Fairfax rent cap this year is 2.85% (75% of CPI). Annual construction inflation is more than triple that at 9.4% and proposed fire insurance premiums will increase by 30%.​

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​State Law Has Strong Renter Protections 

Fairfax doesn’t need these excessive and counter-productive ordinances. California recently passed extensive pro-tenant protections. We support these State laws that provide truly "just cause" protections, and a balanced rent cap that allows for increasing costs.

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Unintended Consequences - the future

These problems have had a clear result: 30% of the “Mom & Pop” homeowners surveyed, who provide two-thirds of all rentals in Fairfax (about 1,000 units), have either pulled their units from the rental market or plan to.  Expect this to continue, as more owners realize that they can’t make it work.

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​Let’s undo these harmful consequences

by passing Measure I !​