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Ordinance 1791-Bs 4 ORDINANCE NO. 1791 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY ADDING A NEW CHAPTER THERETO TO BE NUMBERED 16A AND TO BE ENTITLED "HOUSING AND RENT CONTROL REGULATIONS". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That the Code of the City of Miami Beach be, and the same is hereby amended by adding a new Chapter thereto to follow immediately after Chapter 16, and to be numbered and entitled, and to read as follows: "Chapter 16A. Housing and Rent Control Regulations Section 16A.1. Declarations and Findings: It has been determined that there exists a. condition in the City of Miami Beach with relation to an inflationary spiral which requires the control and regulation of rents. It also has been determined that there exists in the City of Miami Beach a housing shortage. WHEREFORE, it is necessary to enact a rent control ordinance to solve the above problem. Section 16A.2. Definitions: A. Housing accommodations (to be controlled) - any building or structure, temporary or permanent, with four or more rental units, occupied or intended to be so, by one or more individuals as a residence, home, sleeping place or lodging house, except for: (a) A hospital, nursing home,retirement home, asylum, or public institution, college or school dormitory, or any charitable or educational or non-profit institution, or (b) A hotel or motel characterized by the customary hotel or motel services such as, but not limited to laundry and maid service, telephone switch- board, and front lobby desk, or (c) Public housing, or (d) Housing accommodations in buildings operated exclusively for charitable purposes on a non- profit basis, or (e) Certain high rental or special accommodations such as condominiums and co-ops whose tenants, in the opinion of the city rent agency, do not require the protection of this ordinance. (f) Any housing accommodations completed after December 1, 1969. -1- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 B. Landlord - an owner, lessor, sublessor, assignee, or other person receiving or entitled to receive rent for the use or occupancy of any housing accommodation or any agent of the above. C. Maximum rent - the maximum lawful rent for the use of housing accommodations and which may be formulated in terms of rent and other charges. D. Person - an individual, corporation, partnership, association, or any other organized group of individuals, or the legal successor of any of the above. E. Rent - consideration, including any bonus, benefit, or gratuity demanded or received for or in connection with the use or occupancy of housing accommodations or the transfer of a lease of such accommodations. F. Tenant - A tenant, subtenant, lessee, sublessee, or other person entitled to the possession or to the use or occupancy of any housing accommodation. Section 16A.3. City Rent and Rehabilitation Administration: There shall be a city rent and rehabilitation administration, referred to as the city rent agency, which shall consist of the city rent administrator. A. Such agency shall have charge of and conduct through the City Attorney any proceeding under this title. B. Such agency shall request from any state, county, or municipal entities or persons all information,records, and data in possession of the foregoing relating to rent control in the city, to be transferred to it as needed. C. There shall be an advisory committee composed of not less than 10 members who shall be appointed by the City Council. The committee shall be provided by the administrator with all data necessary for it to advise and consult with the Mayor, Council, and administrator on policy matters. Section 16A.4. General Powers and Duties of the City Rent and Rehabilitation Administration: A. The city rent agency shall establish maximum rents which shall be those rents in effect on September 1, 1969. B. Such agency however, may correct or set aside any rent resulting from illegality, irregularity, or fraud. C. Such rents shall be established having regard for those factors bearing on the equities of the matter. D. A survey by the city rent agency shall consider all factors affecting rents to determine the effectiveness of the program and to make adjustments. E. The city rent agency may adopt, amend, promulgate, or rescind any rules, orders, or regulations it deems necessary to affect this ordinance and its purposes, and subpoena persons or date and records from what- ever source. -2- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 F. Further adjustments of maximum rents may be made by the city rent agency where: (a) The rental income from a property yields a net annual return of less than 10% of the invested capital of the property. The means of valuation shall be determined by the city rent agency and made available to the public. (b) The landlord and tenant can agree to a rental increase for a two year term, but which shall not exceed 10% of the present rent. (c) The landlord and tenant can agree to decrease or increase the facilities, service, furnishings, substantially enough to warrant a rent adjustment, or (d) Where there has been substantial material rehabilitation of the accommodations and/or property resulting in added value and increased life, but excluding ordinanry maintenance. (e) Where there has been a major capital improvement recently, required for the operation or preservation of the structure. (f) Rent increases will not be allowed where a tenant has been improperly evicted so the landlord could make improvements to qualify for a rent increase. (g) The city rent agency may authorize rent adjustments every year, such adjustments to be tied to the cost of living. (h) No rent increases shall be allowed if (1) a proper agency of the city or state has found housing violations by the landlord which endanger the safety or health of the tenants (2) and landlords are required to certify that they will maintain all essential services so long as rent increases are in effect. ( i Should a landlord permit housing violations to exist beyond a reasonable time, then the city rent agency shall have the power to decrease the rent until the danger is eliminated. Section 16A.5. Prohibitions and Enforcement: A. It shall be unlawful for any person to demand more than the maximum rent. B. It shall be unlawful for a landlord to remove a tenant or so attempt, because he is pursuing action pursuant to this ordinance. C. It shall be unlawful for an employee or officer of the rent agency or connected service to improperly use or disclose information. D. It shall be unlawful for any person to remove a housing unit from the market if the same will result in an eviction. -3- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 1 E. The city rent agency may enforce its orders by obtaining court orders. F. Any violation of the prohibition section shall be punishable by up to 60 days in jail or $500.00 fine or both." SECTION 2. This ordinance shall become effective on February 18, 1970, and shall remain in effect for a period of at least two years. SECTION 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. The health and welfare of the City being in peril, the three readings of this ordinance shall be had in one session, and the City Council finding that this ordinance is necessary for the immediate protection of its citizens, it shall therefore go into effect on the day and date above written. PASSED and ADOPTED this 18th day of February, 1970. Attest: City Clerk -Finance Director 1st reading - 2nd reading - 3rd reading - POSTED - 1st 2nd 3rd re -reading re -reading re -reading POSTED October 15, 1969 October 15, 1969 October 15, 1969 October 17, 1969 - February 18, 1970 - February 18, 1970 - February 18, 1970 - February 20, 1970 -4- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE o MIAMI BEACH, FLORIDA 33139