November 5, 2024 - Measure I

IMPARTIAL ANALYSIS BY TOWN ATTORNEY OF MEASURE I

TOWN OF FAIRFAX
MEASURE I

AN INITIATIVE AMENDING CHAPTERS 5.54 AND 5.55 OF DIVISION II OF TITLE 5 OF THE FAIRFAX TOWN CODE TO REPEAL THE TOWN’S JUST CAUSE EVICTION ORDINANCE AND RENT STABILIZATION ORDINANCE AND REPLACE THEM WITH JUST CAUSE EVICTION AND RENT STABILIZATION STANDARDS IN THE CALIFORNIA TENANT
PROTECTION ACT OF 2019 AND PRIOR TOWN CODE

Measure I was placed on the ballot through an initiative petition that contained sufficient signatures to qualify for an election. If passed, Measure I, would repeal the Fairfax Just Cause Eviction Ordinance (Town Code Chapter 5.54) and replace it with provisions to allow evictions on the grounds provided in the California Tenant Protection Act of 2019.

Measure I also would a) repeal the allowed 75% of the annual Consumer Price Index (CPI) on rent increases found in the Fairfax Rent Stabilization Ordinance (Town Code Chapter 5.55) and b) cap rent increases at 5% per 12-month period, subject to a local good-faith rent mediation process from prior Town Code. Measure I’s rent regulations would apply to any dwelling space used for residential purposes, except for government-owned/operated units and affordable housing.

Passage of Measure I would further prohibit the Town from adopting provisions different from those in Measure I without another vote of the electorate at a future election.

A “yes” vote on Measure I will repeal the existing Just Cause Eviction Ordinance found in Town Code Chapter 5.54 and replace it with state law. A “yes” vote also will repeal the existing Rent Stabilization Ordinance found in Town Code Chapter 5.55 and replace it with a cap on rent increases of 5% annually, subject to a local good-faith rent mediation process from prior Town Code. Further, the Town will not be able to pass any Ordinance different from the language in Measure I without a vote of the electorate at a future election.

A “no” vote on Measure I will leave the existing Town Codes regarding Just Cause Eviction and Rent Stabilization intact, as written. The Town Council will retain the ability to modify the existing Codes by subsequent ordinances.

The above statement is an impartial analysis of Measure I. If you desire a copy of the Measure, it can be found on the Town’s website at www.townoffairfax.org (opens a new window) or by calling Christine Foster, the Town’s elections official at (415) 428-2343 and a copy will be mailed to you at no cost.

s/JANET COLESON
Town Attorney

ARGUMENT IN FAVOR OF MEASURE I

Please join our grassroots coalition of concerned residents, local business owners, neighborhood rental housing providers, and community leaders in voting Vote Yes on I, the Keep Fairfax Fair Act.

Over 1,100 Fairfax residents signed the petition to place this item on the ballot. They understand the urgency of repealing the extreme, flawed, and costly local rent control and eviction ordinances adopted by the Fairfax Town Council.

These extreme ordinances passed by Fairfax Town Council will not help affordability or increase the availability of rental housing. Studies illustrate these will limit rental options, put upward pressure on rents, and hurt home prices. Santa Monica adopted similar ordinances and lost over 9,000 rental units.

The flawed ordinances adopted by the Town Council significantly reduce the rights of property owners and tenants. Tenants can now sublet their units to anyone they want without approval from the housing provider. This increases the chances for disruptive tenants with no accountability to anyone negatively impacting neighbors.

These ill-conceived and divisive rent control ordinances make evicting disruptive renters and roommates nearly impossible, threatening community safety, and neighborhood peace. Many homeowners are now reluctant or unwilling to rent ADU’s or single rooms due to the extreme eviction protections passed by Fairfax Town Council.

The State of California has already adopted strong rent control and eviction protections for renters. Fairfax previously adopted reasonable regulations that allow mediation for proposed rent increases above 5%. These measures are fair, reasonable, and proven effective.

Voting Vote Yes on I will protect existing neighborhood rental housing and ensure our neighborhoods remain quiet and safe.

Voting Yes on I will repeal the extreme, flawed, ill-conceived, and divisive local rent control and eviction ordinances adopted by the Fairfax Town Council.

Please join your neighbors and friends - Vote Yes on I.

www.KeepFairfaxFair.com (opens a new window)

KEEP FAIRFAX FAIR
Michael Burke, Treasurer

MARIN RESIDENTS
Michael Sexton, President

DEBORAH LONDON
Business Owner and Housing Provider

JOHN REED
Former Mayor

PETER LACQUES
Former Mayor

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE I

Working families, retirees, and environmentalists agree: Fairfax’s rent control keeps Fairfax affordable. Vote NO on Measure I to maintain essential protections serving our community.

Leading housing experts concur: comprehensive tenant protections are key to addressing the affordable housing crisis. Fairfax’s laws stabilize costs for our neighbors, prevent arbitrary evictions, and preserve our vibrant community.

Don’t be misled. 62% of Fairfax landlords don’t live in our community. Let’s dispel myths spread by those profiting from weak tenant protections:

Myth: “We don’t need ‘extra’ rent control.”

Fact: State law allows up to 10% yearly increases—completely unaffordable for most renters. Our local rent control keeps low-income families and fixed-income seniors housed.

Myth: “Rent control hurts small landlords.”

Fact: Fairfax ordinances guarantee fair returns for landlords while keeping rent increases manageable, which most small landlords already do.

Myth: “Property rights are significantly reduced.”

Fact: Claims about unrestricted subletting are unfounded. Fairfax’s laws explicitly preserve landlords’ ability to choose prospective tenants.

Myth: “Landlords can’t evict problem tenants.”

Fact: The laws protect good tenants from arbitrary or retaliatory evictions. Evictions for valid causes are always allowed.

Myth: “Rent control limits housing supply.”

Fact: New buildings and single-family homes are exempt. Well-defined regulations frequently boost homeowner participation in ADU rentals.

Myth: “These protections lead to higher taxes.”

Fact: No new homeowner taxes. A modest fee on rental units covers program costs.

Measure I risks skyrocketing rents threatening to displace long-time residents, seniors, and essential workers.

Vote NO on Measure I to preserve the Fairfax we know and love.

savefairfaxrentcontrol.com (opens a new window)

MARIN DEMOCRATIC PARTY
Patricia Johnstone, Chair

NORTH BAY LABOR COUNCIL
Jack A. Buckhorn, Executive Director

SIERRA CLUB
Sam Ruben, Marin Political Committee Chair

CALIFORNIA ALLIANCE FOR RETIRED AMERICANS
Kristopher Organ, Board Member

MARIN COUNTY YOUNG DEMOCRATS
Summer Cassel, President

ARGUMENT AGAINST MEASURE I

As your Town Council, we urge you to VOTE NO on repealing local rent control and tenant protections in our beloved town. This is about preserving the diverse, vibrant community we all cherish.

Fairfax’s current rent control laws guarantee a fair return for landlords, help working families stay in their homes, and don’t impact homeowners.

We carefully crafted our local rent control ordinances with all constituents in mind. These laws prevent neighbors from being priced out and include safeguards against arbitrary evictions for seniors, disabled residents, teachers, and families with school-age children.

75% of Fairfax renters are low-income, with over a third earning less than 30% of the area’s median income. Under state law, these residents can face rent increases of up to 10% year after year. Our modest local rent control ensures predictable, manageable rent increases while guaranteeing landlords a fair return.

We have always known that these ordinances can be amended. In fact, they already were amended by Council to exempt many properties from the Just Cause Eviction ordinance and to raise the rent increase limit, and an appeal process has been implemented.

With town discussion and experience, our ordinances can always be improved. But an outright repeal would leave Fairfax with only the weak state law, and no way to deal with housing affordability and availability short of a new ballot measure years down the road. Does Fairfax want to vote to lose its local control?

We value property rights and community stability. We want local landlords to thrive and long-term residents to stay. We honor our teachers, seniors, and young families who bring vitality to our town.

Please VOTE NO on the extreme Measure I.

Let’s keep Fairfax diverse, vibrant, and inclusive. Let’s work together to keep our friends and neighbors housed.

FAIRFAX TOWN COUNCIL
Councilmember Chance Cutrano
Councilmember Bruce Ackerman
Vice Mayor Lisel Blash
Mayor Barbara Coler
Councilmember Stephanie Hellman

REBUTTAL TO ARGUMENT AGAINST MEASURE I

Let’s set the record straight about Farifax’s extreme rent control and eviction ordinances.

Opponents of Measure I claim they “crafted local rent control ordinances with all constituents in mind.” The Fairfax Town Council conducted no meaningful outreach and purposely excluded local rental housing providers from the process. Then they naively adopted these paralyzing ordinances without knowing how their plan will impact local rental housing.

Opponents claim their “modest local rent control ensures landlords a fair return.” However, they failed to conduct any local economic analysis before adopting their misguided ordinances.

Far from delivering a “fair return”, Fairfax’s yearly rent cap of 75% of inflation is economically unsustainable. This punitive cap severely limits the income of neighborhood housing providers, reducing their ability to cover rising taxes, insurance, and utilities; limits funds for critical maintenance, and will result in a blight on our neighborhoods. Owners will be motivated to leave the rental market or change the use of their units.

Opponents claim the existing ordinances can be amended. While true, the Town Council only adopted minor amendments under extreme pressure after 1,100 residents signed a petition to demand this issue be placed before voters.

Fairfax cannot afford these deeply flawed and ill-conceived ordinances. We support existing bipartisan statewide rent control regulations that are proven effective. We also support previously adopted local mediation regulations approved in 2019.

Vote Yes on I, the Keep Fairfax Fair Act. Make your voice heard and repeal the extreme and divisive local rent control and eviction ordinances.

www.KeepFairfaxFair.com (opens a new window)

LEWIS TREMAINE
Former Fairfax Mayor

JOHN REED
Former Town Councilmember

PETER F LACQUES
Former Fairfax Mayor

MIKE GHIRINGHELLI
Former Fairfax Mayor

RYAN O’NEIL
Former Fairfax Town Council