Rental Housing Dispute Resolution (Mandatory Mediation)

In mediation, a neutral third-party, called a mediator, facilitates discussion between tenants and landlords with the goal of amicably settling a dispute. Mediation does not guarantee a reduction in any rent increase and tenants are required to pay all rent legally due to the landlord during the mediation process. Both landlords and tenants are required to participate fully in the mediation process. If a landlord does not participate in good faith, the rent increase in question may be deemed invalid.

Landlords are required to provide tenants of their residential properties located in participating jurisdictions with a Notice of Tenant Rights when renewing a rental agreement, when entering into a new rental agreement, and when providing notice of a rent increase. These notices and forms are provided below in the "forms and documents" section.

Open All Questions

• What is “Rental Housing Dispute Resolution?”

  Rental Housing Dispute Resolution programs - often referred to as dispute resolution or mandatory mediation - have been used in the Bay Area to respond to escalating rent increases in jurisdictions that seek to promote community accountability and support housing stability. Such programs are designed to achieve these goals through the facilitation of constructive conversations in a neutral and accountable environment.

  In support of these goals, some Marin jurisdictions have elected to adopt the Rental Housing Dispute Resolution program.

• To what properties does this program apply?

  The program applies to all residential dwelling units located in these Marin jurisdictions:

  • Town of Fairfax  
  • Unincorporated Marin County
  • City of San Rafael

  If you're unsure of your properties jurisdiction, you can use this jurisdiction look-up tool to find out.
  
  For the purposes of this program, a residential dwelling unit may be defined generally as that containing a separate bathroom, kitchen, and living area. Residential dwelling units owned or operated by a government agency, or units that are restricted for affordable housing, are largely exempt from the ordinance.

• What is the effective date?

  The effective date of the Rental Housing Dispute Resolution ordinances vary by jurisdiction:

  • Town of Fairfax - May 31, 2019
  • Unincorporated Marin County - January 11, 2018
  • City of San Rafael - July 17, 2019

  A qualifying rent increase issued on or after the effective date is subject to Rental Housing Dispute Resolution. 

• What situations are eligible for mandatory dispute resolution?

  A tenant who receives a rent increase greater than 5% within a 12-month period is eligible for mandatory dispute resolution. 

  A landlord may request mandatory dispute resolution services if they choose to raise rent by more than 5% in a 12-month period. 

• How do I request mandatory dispute resolution services?

  A tenant or landlord seeking to utilize dispute resolution services should complete the Mediation Service Request form and submit it to the Consumer Protection Unit:

  Marin County District Attorney’s Office
  Consumer Protection Unit—Mediation
  Hall of Justice, Room 145
  3501 Civic Center Drive
  San Rafael, CA 94903
  (415) 473-6495

  If a request for mandatory dispute resolution services is deemed eligible, the tenant and landlord will be contacted by a mediator assigned by the Consumer Protection Unit to discuss the issue.

• Does this ordinance limit a landlord’s ability to raise rent?

  No. The ordinance requires only that for certain rent increases a landlord or tenant could, upon request of either party, be required to engage in a sincere, facilitated conversation about that rent increase. Any agreements resulting from the mediation will be voluntarily undertaken. However, beginning January 1, 2020, the state of California adopted AB 1482, the Tenants Protection Act of 2019, which includes a rent cap provision and sets an annual rent increase limit at 5% plus the "cost of living" or 10%, whichever is lower. For more information, visit the County's State of California Legislation webpage.

• The ordinance requires both parties to participate in “good faith.” What does that mean?

  "Good faith participation" requires each party or their authorized representative to personally participate in the dispute resolution program. A representative of a party authorized to participate in lieu of the landlord or tenant must possess decision-making authority regarding the subject of mediation.

  To participate in good faith, landlords are prohibited from harassing the tenant and from engaging in behavior prohibited by Federal, State, or local laws.

  In addition, landlords engaged in the dispute resolution program may not commence an unlawful detainer proceeding other than for those actions authorized by subsections (3) and (4) of the California Code of Procedures Section 1161 or any successor provisions.

  Tenants are required to continue to pay all rent legally due to the landlord and to comply with the terms of their rental agreement throughout the dispute resolution process. 

• What is a “Notice of Tenant Rights?”

  The content of the Notice of Tenant Rights is stipulated by ordinance. In general, it provides:

  • Description of the mandatory dispute resolution services;
  • Notice of a tenant's right to participate in the Rental Housing Dispute Resolution program;
  • Contact information for the landlord; and
  • Instructions explaining how to request mandatory dispute resolution services.

  Landlords are required to provide a Notice of Tenant Rights to tenants when entering into a new rental agreement, when renewing a rental agreement, and when providing notice of a rent increase.

  A notice of rent increase must be accompanied by a Notice of Tenant Rights to be considered valid. A landlord’s failure to furnish a tenant with a Notice of Tenant Rights could invalidate the rent increase or housing service reduction.

  A copy of the Notice of Tenant Rights is available on this webpage, under the section titled "Forms and Documents."

• If I don’t qualify for mandatory dispute resolution, can I still seek mediation?

  The District Attorney's Office will continue to offer its voluntary mediation program through its Consumer Protection Unit. The program provides free dispute resolution services to tenants and landlords who seek facilitated conversation of disputes including those relating to repairs, security deposits, and evictions or lease terminations.

  These services are available throughout the County, in both incorporated (such as the City of Novato or Town of San Anselmo) and unincorporated areas.

• Is there a cost to participating landlords or tenants?

  No, participating jurisdictions are pleased to offer this resource at no cost to either party.

• What is “Rental Housing Dispute Resolution?”

  Rental Housing Dispute Resolution programs - often referred to as dispute resolution or mandatory mediation - have been used in the Bay Area to respond to escalating rent increases in jurisdictions that seek to promote community accountability and support housing stability. Such programs are designed to achieve these goals through the facilitation of constructive conversations in a neutral and accountable environment.

  In support of these goals, some Marin jurisdictions have elected to adopt the Rental Housing Dispute Resolution program.

• To what properties does this program apply?

  The program applies to all residential dwelling units located in these Marin jurisdictions:

  • Town of Fairfax
  • Unincorporated Marin County 
  • City of San Rafael

  If you're unsure of your properties jurisdiction, you can use this jurisdiction look-up tool to find out.

  For the purposes of this ordinance, a residential dwelling unit may be defined generally as that containing a separate bathroom, kitchen, and living area. Residential dwelling units owned or operated by a government agency, or units that are restricted for affordable housing, are largely exempt from the ordinance. 

• What is the effective date?

  The effective date of the Rental Housing Dispute Resolution ordinances vary by jurisdiction:

  • Town of Fairfax - May 31, 2019
  • Unincorporated Marin County - January 11, 2018
  • City of San Rafael - July 17, 2019

  A qualifying rent increase issued on or after the effective date is subject to Rental Housing Dispute Resolution. 

• What situations are eligible for mandatory dispute resolution?

  A tenant who receives a rent increase greater than 5% within a 12-month period is eligible for mandatory dispute resolution. Tenants must apply for mandatory dispute resolution services within 10 days of receipt of a lawful notice of rent increase, which must be accompanied by a Notice of Tenant Rights.

  A landlord may request mandatory dispute resolution services if they choose to raise rent by more than 5% in a 12-month period. 

• How do I request mandatory dispute resolution services?

  A tenant or landlord seeking to utilize dispute resolution services should complete the Mediation Service Request form and submit it to the Consumer Protection Unit:

  Marin County District Attorney’s Office
  Consumer Protection Unit—Mediation
  Hall of Justice, Room 145
  3501 Civic Center Drive
  San Rafael, CA 94903
  (415) 473-6495

  If a request for mandatory dispute resolution services is deemed eligible, the tenant and landlord will be contacted by a mediator assigned by the Consumer Protection Unit to discuss the issue. 

• Does this ordinance limit a landlord’s ability to raise rent?

  No. The ordinance requires only that for certain rent increases a landlord or tenant could, upon request of either party, be required to engage in a sincere, facilitated conversation about that rent increase. Any agreements resulting from the mediation will be voluntarily undertaken. However, beginning January 1, 2020, the state of California adopted AB 1482, the Tenants Protection Act of 2019, which includes a rent cap provision and sets an annual rent increase limit at 5% plus the "cost of living" or 10%, whichever is lower. For more information, visit the County's State of California Legislation webpage.

• The ordinance requires both parties to participate in “good faith.” What does that mean?

  "Good faith participation" requires each party or their authorized representative to personally participate in the dispute resolution program. A representative of a party authorized to participate in lieu of the landlord or tenant must possess decision-making authority regarding the subject of mediation.

  To participate in good faith, landlords are prohibited from harassing the tenant and from engaging in behavior prohibited by Federal, State, or local laws.

  In addition, landlords engaged in the dispute resolution program may not commence an unlawful detainer proceeding other than for those actions authorized by subsections (3) and (4) of the California Code of Procedures Section 1161 or any successor provisions.

  Tenants are required to continue to pay all rent legally due to the landlord and to comply with the terms of their rental agreement throughout the dispute resolution process. 

• What is a “Notice of Tenant Rights?”

  The content of the Notice of Tenant Rights is stipulated by ordinance. In general, it provides:

  • Description of the mandatory dispute resolution services;
  • Notice a tenant's right to participate in the Rental Housing Dispute Resolution program;
  • Contact information for the landlord; and
  • Instructions explaining how to request mandatory dispute resolution services.

  Landlords are required to provide a Notice of Tenant Rights to tenants when entering into a new rental agreement, when renewing a rental agreement, and when providing notice of a rent increase.

  A notice of rent increase must be accompanied by a Notice of Tenant Rights to be considered valid. A landlord’s failure to furnish a tenant with a Notice of Tenant Rights could invalidate the rent increase.

  A copy of the Notice of Tenant Rights is available on this webpage, under the section titled "Forms and Documents."

• If I don’t qualify for mandatory dispute resolution, can I still seek mediation?

  The District Attorney's Office will continue to offer its voluntary mediation program through its Consumer Protection Unit. The program provides free dispute resolution services to tenants and landlords who seek facilitated conversation of disputes including those relating to repairs, security deposits, and evictions or lease terminations.

  These services are available throughout the County, in both incorporated (such as City of Novato or Town of San Anselmo) and unincorporated areas.

• Is there a cost to participating landlords or tenants?

  No, participating jurisdictions are pleased to offer this resource at no cost to the either party.

Paper copies of the Notice of Tenant Rights and Mediation Service Request form are available at the front counters of the District Attorney's Consumer Protection Unit and the Community Development Agency in the Marin County Civic Center, located at 3501 Civic Center Drive, San Rafael, California.

District Attorney's Consumer Protection Unit - Suite 145
Hours of operation: 8:00 a.m. - 4:00 p.m., Monday - Friday

Marin County Community Development Agency - Suite 308
Hours of Operation: 8:00 a.m. - 4:00 p.m., Monday - Thursday and Friday 8:00 a.m. - 12:00 p.m.

• Notice of Tenant Rights / Aviso de Derechos de los Inquilinos / Thông Báo Quyền của Người Thuê). Subject landlords are required to provide a complete copy of this notice to tenants when 1) renewing a rental agreement, 2) entering into a new rental agreement, or 3) providing notice of a rental increase.
• Tenants and landlords may complete a Mediation Service Request form online to apply for mediation services.
  • A printable version is also available in English, Spanish, and Vietnamese: Mediation Service Request Form / Solicitud de Servicio de Mediación / Yêu cầu dịch vụ hòa giải.
• Relevant Municipal Code:
  • Town of Fairfax Municipal Code Chapter 5.55
  • Unincorporated Marin County Municipal Code: Chapter 5.95
  • City of San Rafael Municipal Code: Chapter 10.100