BIE - HOUSING PROTECTION ORDINANCE (11/27/2024)MIAMI BEACH
City ot Miami Beach,17OO Convention Center Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov
TO :
FRO M :
Mayor Steven Meiner and Members of the City Commission
Eric Carpenter,City Manager~-,:;:,a .E.C.
MEETING DATE:December 11,2024
SUBJECT:BUSINESS IM PACT ESTIM ATE
AN O RDINA NCE O F THE MAYO R AND CITY CO M M ISSIO N O F THE CITY OF
MIA M I BEA CH,FLO RIDA,CREA TING "THE HO USING PRO TECTIO N
O RDINA NCE,"BY AM ENDING CHA PTER 58 OF THE MIAMI BEACH CITY
CO DE,ENTIT LED "HO USING ,"BY AM ENDING ARTICLE IV,ENTITLED
"RENTAL HOUSING,"BY AMENDING DIVISION 3,ENTITLED "TERMINATION
OF TENANCY,"BY AMENDING SECTION 58-386,ENTITLED "WRITTEN
NOTICE OR TERMINATION OF TENANCY,"TO REQUIRE RESIDENTIAL
LANDLORDS TO PROVIDE AT LEAST 90 DAYS WRITTEN NOTICE TO THE
CITY OF PROPOSED INCREASES IN TENANTS'MONTHLY RENT PAYMENT
OF TEN PERCENT OR MORE FOR SPECIFIED RECIPIENTS OF CITY
SERVICES;AND PROVIDING FOR REPEALER,SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
Yes □No (If no,please check one of the boxes below)
If one or more boxes are checked below,this means the City of Miami Beach has determined that
a Business Impact Estimate for the above-referenced Ordinance is not required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
D The proposed Ordinance relates to the issuance or refinancing of debt;□The proposed Ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;□The proposed Ordinance is required to implement a contract or an agreement,including,
but not limited to,any Federal,State,local,or private grant or other financial assistance
accepted by the City;□The proposed Ordinance is an emergency ordinance;□The Ordinance relates to procurement;or
The proposed Ordinance is enacted to implement the following:
a.Private applications for comprehensive plan amendments and land development
regulation amendments;
b.Development orders,development permits,and development agreements;
c.Sections 190.005 and 190.046,Florida Statutes,regarding community development
districts;
d.Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e.Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Business Impact Estimate
Page2
If none of the above exceptions apply,this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4),Florida Statutes.
1.A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission
Memorandum accompanying the Ordinance,as well as in the recitals to the Ordinance itself.The
Commission Memorandum and Ordinance are attached hereto.
2.The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private,for-profit businesses in the City of Miami Beach,that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur;that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible,and that the proposed Ordinance will not impact the City of Miami Beach's regulatory
costs and will not generate any revenue from new charges or fees.Except see #4 below.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that an unknown number of businesses are likely to be
impacted by the proposed Ordinance.
4.Additional comments:financial impact is cost of potential fines for noncompliance.
R5AO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,CREATING "THE HOUSING PROTECTION
ORDINANCE,"BY AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY
CODE,ENTITLED "HOUSING,"BY AMENDING ARTICLE IV,ENTITLED "RENTAL
HOUSING,"BY AMENDING DIVISION 3,ENTITLED "TERMINATION OF
TENANCY,"BY AMENDING SECTION 58-386,ENTITLED "WRITTEN NOTICE
OR TERMINATION OF TENANOY,"TO REQUIRE RESIDENTIAL LANDLORDS
TO PROVIDE AT LEAST 90 DAYS WRITTEN NOTICE TO THE CITY OF
PROPOSED INCREASES IN TENANTS'MONTHLY RENT PAYMENT OF TEN
PERCENT OR MORE FOR SPECIFIED RECIPIENTS OF CITY SERVICES;AND
PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
Applicable Area:
Ordinances -RS AO
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:
TITLE:
November 20,2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,CREATING "THE HOUSING PROTECTION
ORDINANCE,"BY AMENDING CHAPTER 58 OF THE MIAMI BEACH CITY CODE,
ENTITLED "HOUSING,"BY AMENDING ARTICLE IV,ENTITLED "RENTAL
HOUSING,"BY AMENDING DIVISION 3,ENTITLED "TERMINATION OF
TENANCY,"BY AMENDING SECTION 58-386,ENTITLED "WRITTEN NOTICE OR
TERMINATION OF TENANCY,"TO REQUIRE RESIDENTIAL LANDLORDS TO
PROVIDE AT LEAST 90 DAYS WRITTEN NOTICE TO THE CITY OF PROPOSED
INCREASES IN TENANTS'MONTHLY RENT PAYMENT OF TEN PERCENT OR
MORE FOR SPECIFIED RECIPIENTS OF CITY SERVICES;AND PROVIDING FOR
REPEALER,SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
This proposed ordinance is presented on first reading by the sponsor,Vice Mayor Alex J.
Fernandez,for the consideration of the Mayor and City Commission.
Many tenants residing in the City may be unable to afford the rental price,and the corresponding
cost(s)of a residential property in the City.Due to a number offactors (including the recent market
conditions),it has become increasingly difficult for potential renters to find suitable housing at an
affordable price.
Since 2020,the City of Miami Beach Office of Housing and Community Services has processed
and approved 822 applications for housing assistance across various programs,which includes
rent,utility,and mortgage assistance,allocating a total of $2,772,877.00.
Moreover,the Housing Authority of the City of Miami Beach (HACMB)administers the federal
government's Housing Choice Voucher (HCV)program,assisting very low-income families,the
elderly,and the disabled to afford decent,safe,and sanitary housing in the private market.Across
the three Miami Beach zip codes (33139,33140,33141)the Housing Authority currently has 748
vouchers for Section 8 housing;and over half of these available vouchers are utilized by senior
citizens aged 65 to 85+,underscoring the critical need for continued housing assistance for this
and other vulnerable demographics.Additionally,over 500 vouchers are administered by the
HACMB through eight (8)Housing and Urban Development programs,which include the
Emergency Housing Vouchers,Mainstream Vouchers,HCV -Northside Commons,Moving Up
Program,Stability Vouchers,Harding Village -PBV,Meridian Place -PBV,and the Veterans
Affairs Supportive Housing program.
Many media outlets have reported the problems that have befallen residents subjected to huge
rent increases.
For example,the Miami Herald recently reported that large rent increases have created
unsustainable burdens on some residents by encumbering large portions of residents'wages
(https://www.miamiherald.com/news/local/community/miami-dade/article293359674.html);
Moneywise recently reported that senior citizens were left scrambling for cash after their
affordable housing community in Miami threatened a rent hike just months after its grand opening
(https://moneywise.com/news/seniors-left-scrambling-for-cash-after-affordable-housing-
community-in-miami-threatens-rent-hike );and the New York Times recently reported that Miami-
Dade County is the second-toughest spot for renters in the United States based on five metrics:
occupancy and lease renewal rates,average days vacant,prospective renters per vacant unit,
and the share of newly constructed units
(https://www.nytimes.com/2024/10/03/realestate/apartment-rent-renewal-rates.html).
Many tenants who were previously able to find and secure a residential property,in which to
reside within the City,have been unable to absorb an imposed large rental increase,leading to
the increased risk of the tenant(s)becoming homeless in the City.
If adopted,the proposed ordinance will require ninety (90)day advance notice to the City of large
residential rental increases for specified recipients of City services in order to allow the City to
potentially offer services to prevent these residents from becoming homeless in the City.It would
be enforced by code compliance fines ranging normally from $1,000.00 to $5,000.00 per day for
each violation.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?No
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Se.2.481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
1st Rdg,Notice to City of Large Rent Increases for Specified Recipients of City Services.
(Fernandez)CA
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,CREATING "THE HOUSING
PROTECTION ORDINANCE,"BY AMENDING CHAPTER 58 OF THE
MIAMI BEACH CITY CODE,ENTITLED "HOUSING,"BY AMENDING
ARTICLE IV,ENTITLED "RENTAL HOUSING,"BY AMENDING
DIVISION 3,ENTITLED "TERMINATION OF TENANCY,"BY
AMENDING SECTION 58-386,ENTITLED "WRITTEN NOTICE OR
TERMINATION OF TENANCY,"TO REQUIRE RESIDENTIAL
LANDLORDS TO PROVIDE AT LEAST 90 DAYS WRITTEN NOTICE TO
THE CITY OF PROPOSED INCREASES IN TENANTS'MONTHLY RENT
PAYMENT OF TEN PERCENT OR MORE FOR SPECIFIED RECIPIENTS
OF CITY SERVICES;AND PROVIDING FOR REPEALER,
SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS,many tenants residing in the City may be unable to afford the rental price,
and the corresponding cost(s)of a residential property in the City;and
WHEREAS,due to a number of factors (including the recent market conditions),it has
become increasingly difficult for potential renters to find suitable housing at an affordable price;
and
WHEREAS,since 2020 the City of Miami Beach Office of Housing and Community
Services has processed and approved 822 applications for housing assistance across various
programs,which includes rent,utility,and mortgage assistance,allocating a total of
$2,772,877.60;and
WHEREAS,the Housing Authority of the City of Miami Beach (HACMB)administers the
federal government's Housing Choice Voucher (HCV)program,assisting very low-income
families,the elderly,and the disabled to afford decent,safe,and sanitary housing in the private
market;and
WHEREAS,across the three Miami Beach zip codes (33139,33140,33141)the Housing
Authority currently has 748 vouchers for Section 8 housing;and
WHEREAS,over half of these available vouchers are utilized by senior citizens aged 65
to 85+,underscoring the critical need for continued housing assistance for this and other
vulnerable demographics;and
WHEREAS,additionally,over 500 vouchers are administered by the HACMB through
eight (8)Housing and Urban Development programs,which include the Emergency Housing
Vouchers,Mainstream Vouchers,HCV -Northside Commons,Moving Up Program,Stability
Vouchers,Harding Village -PBV,Meridian Place -PBV,and the Veterans Affairs Supportive
Housing program;and
WHEREAS,the Miami Herald recently reported that large rent increases have created
unsustainable burdens on some residents by encumbering large portions of residents'wages
(https://www miamiherald com/news/local/community/miami-dade/article293359674.html);and
WHEREAS,Moneywise recently reported that senior citizens were left scrambling for cash
after their affordable housing community in Miami threatened a rent hike just months after its
grand opening (https ://moneywise.com/news/seniors-left-scrambling-for-cash-after-affordable-
housing-community-in-miami-threatens-rent-hike);and
WHEREAS,the New York Times recently reported that Miami-Dade County is the second-
toughest spot for renters in the United States based on five metrics:occupancy and lease renewal
rates,average days vacant,prospective renters per vacant unit,and the share of newly
constructed units (ht tps ://www.nytimes.com/202 4/10/03/realestate/apartment-rent-renewal-
rates html);and
WHEREAS,many tenants who were previously able to find and secure a residential
property,in which to reside within the City,have been unable to absorb an imposed large rental
increase,leading to the increased risk of the tenant(s)becoming homeless in the City;and
WHEREAS,ninety (90)day advance notice to the City of large residential rental increases
required pursuant to this section will allow the City to offer impacted tenants various forms of
assistance to prevent the tenant(s)from becoming homeless in the City.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.That section 58-386 of Chapter 58 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER 58
HOUSING
###
ARTICLE IV.RENTAL HOUSING
*##
DIVISION 3.TERMINATION OF TENANCY
i t
Sec.58-386.Written notice to city of residential rent increase of ten percent or more in
order to activate homelessness prevention services for specified persons.of amendment
or termination of tenancy.
(a)Required.residential tenancy without a specific duration inwhich the rent is payable on a
monthly basis may be terminated by either the landlord or tenant by giving not less than 30
days'written notice prior to the end of any monthly period.
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(b)[Notice to be given.]A residential landlord that proposes to increase the rental rate by more
than five percent at the end of a lease for a specific term,or during a tenancy without a specific
duration in which the rent is payable on a monthly basis,must provide 0 days'written notice
to the tenant before the tenant must either:
(1)Accept the proposed amendment;
(2)Reach an acceptable compromise;or
(3)Reject the proposed amendment to their tenancy.
Hf the required 60 days'written notice has been provided and the tenant has not agreed to the
proposed amendment or an acceptable compromise within 30 days of receiving the notice,(i)
the landlord may impose the proposed amended term(s)at the end of the 60 day notice
period,or (ii)in the case of an expiring lease,either party may terminate the tenancy at the
conclusion of the lease term,or (iii)in the case of a month to month tenancy.either party may
terminate the tenancy by providing the 30 day notice of termination required by subsection (a)
f this section.
(c)Applicability of state law.Except for the notice provisions set forth in subsections (a)and (b)
of this section,all other provisions set forth within F.S.Ch.83,pt.I governing residential
tenancies shall apply to the rental of a residential dwelling unit within the city.
(a)Required Notice to City.A residential landlord that proposes to increase the rental rate by
more than ten percent (10%)at the end of a lease for a specific term,or during a tenancy
without a specific duration in which the rent is payable on a monthly basis for any tenant(s)of
a residential unit who receives housing vouchers from any governmental agency,who resides
in any property owned by the Miami Beach Housing Authority,or any other affordable housing
provider must provide ninety (90)days'written notice to the city's Office of Housing and
Community Services via e-mail to rentincrease@miamibeachf]_goy_The notice must include
the landlord and/or property manager's name,address,telephone number,and e-mail
address as well as each impacted tenant's name,address,telephone number,e-mail address,
current rent amount by relevant period (i.e.by month)new rent amount by relevant period,
and percent increase that the adjustment represents.
(b)Homelessness Prevention Plan.Upon receiving the written notice required in subsection (at
the city's Office of Housing and Community Services shall contact the impacted tenant(s)via
telephone,e-maiL or first class mail in order to apprise the tenant(s)of the notice received by
the city from the landlord and advise the impacted tenant(s)of any services offered by the city
or any other entity to prevent homelessness and/or to secure stable housing.
(c)Applicability of State Law.Nothing in this section shall be construed to regulate residential
tenancies,the landlord-tenant relationship,or all other matters covered under Part II of
Chapter 83,Fla.Stat.,and the failure to comply with this section by any party shall not relieve
a tenant of the obligation to pay any rental amount allowed pursuant to that Part.
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(d)_Enforcement_A residential landlord that violates this section shall_after a ninety _day
education period during which the city administration shall provide notice of the
requirements of this ordinance to all landlords in the city holding a business tax receipt
{coupled with a general education campaign for all other landlords),be served with a notice
of violation by the City's Code Compliance Department and must elect to either:
a.Pay the following civil fine:
i.First violation:$1.000 per day per violation:
ii.Second and/or subsequent violation:$5,000 per day per violation:and
ii.$15,000 per violation if the special magistrate finds the violation to be
irreparable or irreversible in nature.
b.Request an administrative hearing before a special magistrate to appeal the
notice of violation,which must be requested within ten days of the service of
the notice of violation.The procedures for appeal by administrative hearing
of the notice of violation shall be as set forth in sections 30-72 and 30-73 of
this Code.Applications for hearings must be accompanied by a fee as
approved by a resolution of the city commission,which shall be refunded if
the named violator prevails in the appeal.
(2)Failure to pay the civil fine,or to timely request an administrative hearing before
a special magistrate,shall constitute a waiver of the violator's right to an
administrative hearing before the special magistrate,and shall be treated as an
admission of the violation,for which fines and penalties shall be assessed
accordingly.
(3)A certified copy of an order imposing a fine may be recorded in the public records.
and thereafter shall constitute a lien upon any real or personal property owned
by the violator,which may be enforced in the same manner as a court judgment
by the sheriffs of this state,including levy against the violator's real or personal
property,but shall not be deemed to be a court judgment except for enforcement
purposes.After three months following the recording of any such lien that
remains unpaid,the city may foreclose or otherwise execute upon the lien for the
amount of the lien plus accrued interest.
(4)The special magistrate shall be prohibited from hearing the merits of the notice
of violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within ten
days of the service of the notice of violation.The special magistrate shall not
have discretion to alter the penalties prescribed in this article.Any party
aggrieved by a decision of a special magistrate may appeal that decision to a
court of competent jurisdiction.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 3.SEVERA BILI TY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.portions of this ordinance.
SECTION 4.CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Miami Beach City Code.The sections of this ordinance may be renumbered or relettered to
accomplish such intention,and the word "ordinance"may be changed to "section,""article,"or
other appropriate word.
SECTIO N 5.EFFECTIVE DA TE.
This Ordinance shall take effect on the 1°day of January,2025.
PASSED AND ADOPTED this day of.2024.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Vice Mayor Alex J.Fernandez)
Underline denotes additions
Strikethrough denotes deletions
Double Underline denotes additions made at First Reading
Double Strike thro ugh denotes deletions made at First Reading
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