Blog Post < Previous | Next >
Bob Kopelman
Overreaching Rent Control Ordinances Will Lead to Big City Problems
In Fairfax, much of the charm of our small-town character is preserved and nurtured by a community of responsible homeowners. These small housing providers, making up two-thirds of our rental market, are integral to maintaining the quality of life that defines our neighborhoods. The 2022 rental ordinances imposed by the Fairfax Town Council threaten to undermine this delicate balance, creating complex liabilities for small housing providers and incentivizing practices that could lead to the very shortage of rental housing we all want to alleviate.
The introduction of these stringent rental regulations has sparked concerns among local rental providers. Designed for metropolitan areas, these ordinances are unnecessary for our town and may lead to a host of unintended consequences.
The 2022 ordinances prevent owners from effectively managing the density of tenants, parking, and pets, and complicate the removal of tenants not included in the original lease. Such overreach disrupts the careful management that small housing providers have maintained for years.
Fairfax is not without protections for renters. California already has strong renter protection laws which our housing providers support, and which offer balanced and robust safeguards. If Fairfax’s 2022 ordinances are repealed, State law protections will remain intact, ensuring renters' rights without imposing unrealistic burdens on small property owners.
The adverse impact of the 2022 ordinances introduced anger and division into our town. A 2023 survey of 306 Fairfax rental providers by Fairfaxresidents.org revealed that 30% of these owners either had pulled their rentals from the market, or were considering doing so, following the adoption of these regulations. Opposition to the ordinances has pushed many long-term rentals into the short-term rental market, exacerbating the housing shortage. Additionally, these ordinances disincentivize the further development of small housing units going forward.
Fairfax's rental landscape is vastly different from that of big cities, yet these new ordinances import many big city problems with their overreach.
Drafted by external activists with input from the Berkeley Rent Control Board and the Democratic Socialists of America (DSA), the 2022 ordinances were rapidly passed by the Council before any local input was heard from people with experience in providing rentals. These new ordinances now impose big city rules on Fairfax which will lead to out-of-control subleasing, increased density, inadequate rental income for property maintenance and the conversion of the remaining rentals into unfair and unsustainable housing.
Here’s just one example: These ordinances allow tenants to profit from abusive subleasing. Tenants can add additional occupants up to “standard overcrowding density”. This means two people may occupy a room with as little as 70 ft.² of space, three people with 120 ft.² of space or four roommates in a 170 ft.² room.
Under these rules, a typical 3-bedroom home could be overfilled with 10 people – and 10 cars.
As seen in San Francisco, these “forever tenants” can act as their own landlord for years, raising the rent to sub-tenants for their own profit, while taking zero responsibility for maintenance or repairs. Meanwhile, the homeowner is stuck renting to a house full of strangers who have never signed a lease.
Strong opposition to these 2022 ordinances led Fairfax voters to place Measure I, "Rent Stabilization and Just Cause Evictions", on the ballot to repeal these regulations. Numerous former Mayors and Councilmembers of Fairfax endorse Measure I – including John Reed and Peter Lacques (who both voted for more reasonable Rent Control in 2019), Mike Ghiringhelli, Ryan O’Neil, and Lew Tremaine.
Their “Yes” vote for Measure I, underscores the broad-based support for balanced housing rules that support both renters and small housing providers.
At the heart of this issue lies the vital role of “mom and pop” homeowners who rent out extra units and backyard cottages. They are committed to preserving their community, properties and, by extension, the quality of life in Fairfax. Their responsible management practices have long been the cornerstone of our town's success.
The Fairfax Association of Small Rental Providers, a grassroots movement founded and funded by local homeowners, stands firm in its mission to protect our neighborhoods. We are your neighbors, friends, and fellow residents, working together to ensure that Fairfax remains a vibrant, well-managed town.
The challenge we face as a community is to preserve the Fairfax we love, with its variety of creative and interesting renters, made possible by “mom and pop” homeowners who provide two-thirds of our town’s rentals.
Please join us as we advocate for policies that reflect the unique character of our community and support the responsible management practices that have long been the cornerstone of our town's success.
A “YES” vote on Fairfax’s Ballot Measure I, "Rent Stabilization and Just Cause Evictions", will repeal these onerous and excessive regulations.
Fairfax Association of Small Rental Providers.org
Blog authors, Teliha Draheim and John Reed, are members of the Fairfax Association of Small Rental Providers. John Reed served on the Fairfax Town Council for 11 years, including two terms as Mayor.