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San Rafael outlines mandatory mediation for rent increases over 5%
Summary
City of San Rafael officials explain the city's mandatory mediation program: when mediation is required (rent increases over 5% in 12 months), who is exempt, how to request mediation (within 10 calendar days), tenant obligations, and available language support.
A presenter from the City of San Rafael's housing team described the city's mandatory mediation program in an informational video, saying it requires tenants and landlords to participate in mediation when a qualifying rent increase occurs.
The presenter said, "Mediation is not legally binding," but added that it frequently helps parties reach productive outcomes. The program applies to most rental units within the city of San Rafael, with specified exceptions for units rented to tenants with housing vouchers (Section 8), government-owned or -operated properties, and properties restricted as affordable housing.
Under the program, either a tenant or a landlord may request mediation when a landlord increases rent by more than 5% within a 12-month period. The presenter gave a numeric example: on a $2,000 monthly rent, a 5% increase equals $100, so an increase greater than $100 in a 12-month period may trigger the right to request mediation. The city also treats a landlord's decision to begin charging separately for services that were previously included in rent (for example, utilities) as a rent increase for this purpose.
The video stressed that landlords may not harass or retaliate against tenants for requesting mediation. It also explained that tenants must continue to comply with the terms of their rental agreement during the mediation process and remain responsible for paying the original rent even if the increase is subject to mediation.
Landlords are required to notify tenants in writing about the mandatory mediation program when entering a new lease, renewing a lease, or issuing a rent increase; the presenter said that if the notice is not provided as required, the rent increase may be invalid and unenforceable. To request mediation, viewers were told they can submit a request form online, via email, by mail, or in person; tenants must submit their form within 10 calendar days of receiving notice of a rent increase. The mediation service provider will then review the form and follow up.
The presenter directed viewers to the city's mediation request webpage (via QR code or the city website shown in the video) and said services are currently free and available in English and Spanish. The housing team was offered as a point of contact for people who need help understanding the process. The video concluded with a standard legal disclaimer that it is for informational purposes only and does not constitute legal advice.
The city-provided video outlines how and when tenants and landlords may use the program and what to expect next: submit a timely request, expect contact from the mediation provider, and seek legal counsel for case-specific advice if needed.
