Ordinance 79-2167BMS/rr
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ORDINANCE NO. 79-2167
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, AMENDING CHAPTER 17A OF THE CODE
OF THE CITY OF MIAMI BEACH, SO AS TO ADD ARTICLE II
PROVIDING FOR THE REGULATION AND PROHIBITION OF
UNCONSCIONABLE RENT INCREASES OF HOUSING ACCOMMO-
DATIONS; DECLARING THE EXISTENCE OF AN EMERGENCY
REQUIRING SUCH REGULATION; PROVIDING DEFINITIONS;
PROVIDING PENALTIES; PROVIDING FOR THE TERMINATION
OF THIS ORDINANCE; AND SAVING ALL REMEDIES WHICH
ACCRUED UNDER THIS ORDINANCE; PROVIDING SEVERABILITY
CLAUSE; REPEAL CLAUSE AND EFFECTIVE DATE AND DURA-
TION OF THIS ORDINANCE; AND PROVIDING FOR PASSAGE
AS AN EMERGENCY MEASURE.
WHEREAS, the recent increase in conversions of existing
apartments from rental to condominiums has resulted in a scarcity
of available rental units; and
WHEREAS, a majority of landlords in the City of Miami
Beach have voluntarily shown consideration for the ravages of
inflation and have pledged themselves to voluntarily restrain
from making unconscionable demands for increases in rent and to
attempt to hold rent increases to within the President's guide-
lines on inflation; and
WHEREAS, there are a few landlords within the City who
are unscrupulously profiteering by demanding unconscionable rent
increases above and beyond what is necessary to allow them a fair
return on their investments; and
WHEREAS, there are a large number of persons living
within the City of Miami Beach on fixed incomes who are, there-
fore, particularly sensitive to the effects of inflation in general
and unconscionable and extraordinarily large increases in rent in
particular; and
WHEREAS, a grave and serious public emergency exists with
respect to the housing of citizens of Miami Beach; and
WHEREAS, this emergency cannot be dealt with effectively
by the ordinary operations of the private rental housing market,
and unless unconscionable rent increases, as defined herein, are
prohibited, such emergency and the inflationary pressure therefrom
will produce a serious threat to the public health, safety and
general welfare of the citizens of Miami Beach, Florida; and
WHEREAS, this Ordinance is based solely upon local
conditions unique to the City of Miami Beach and shall not be
construed to preempt State law;
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 17A be and the same is hereby amended
by designating Section 17A-1 through 17A-20, Article I
and adding the following additional Article to be des-
ignated Article II which shall consist of the sections
stated below and which shall read as follows:
ARTICLE II
Section 17A-21. Definitions.
Unless a different meaning clearly appears from
the context, the following terms shall mean and
include:
Unconscionable Rent Increase:
A rent increase which is two times greater than
the percentage increase in the Consumer Price
Index, housing component, for the Southeastern United
States [Southern Region] (CPI), determined as follows:
1. Percentage of rent increase is to be determined as
follows:
a) Subtract the current rental figure from the
proposed rental figure.
b) Divide the result reached in 1(a) by the
current rental figure.
c) Multiply the result reached in 1(b) by 100,
the resulting figure being the percentage
increase in rent.
2. Percentage increase in the CPI for the comparable
period shall be determined as follows:
a) Ascertain the CPI at the date six months prior to
the date the current rental figure first became
effective.
b) Ascertain the CPI at the date six months prior to
the effective date of the proposed rental figure.
c) Subtract the result reached in 2(a) from the result
reached in 2(b).
d) Divide the result reached in 2(c) by the result
arrived at in 2(a).
e) Multiply the result reached in 2(d) by 100, said
figure being the percentage increase in the appli-
cable CPIs for the comparable period of the proposed
rent increase.
3. When the result reached in 1(c) is two times greater
than the result reached in 2(e), the rent increase is
unconscionable.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Section 17A-22. Unconscionable Rent Increase;
Rebuttable Presumption.
1. A rental increase which is two times greater than
the percentage increase in the Consumer Price Index,
housing component, for the Southeastern United States,
as determined in Section 17A-21, is presumptively un-
conscionable.
2. It shall be unlawful, regardless of any contract,
lease or other obligation heretofore entered into, for
any person to demand or receive any rent for any housing
accommodation which is unconscionable, as specified in
subsection 1.
3. The Miami Beach City Commission finds that a finding
of unconscionability is so onerous that the circumstances
warrants the establishment of a rebuttable presumption of
unconscionability of such rent increases, as specified
in subsection 1. The presumption may be rebutted by a
lessor upon the showing of additional facts and circum-
stances to justify and validate what otherwise appears
to be an unconscionable rent increase under this section,
as determined by a court of competent jurisdiction.
Section 17A-23. Penalty.
Any person who willfully violates any provision of this
Ordinance shall, upon his conviction of a first violation,
be subject to a fine not to exceed Five Hundred Dollars
($500.00); and for each subsequent offense, shall be sub-
ject, upon his conviction, to a fine up to Five Hundred
Dollars ($500.00) and/or imprisonment for a period not
to exceed sixty (60) days.
Section 17A-24. Remedies Saved.
All causes of action or remedies accrued under this
Ordinance prior to the termination of the prohibitions
created by this Article shall survive such termination.
Section 17A-25. Conflicting Ordinances Repealed.
All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 17A-26. Severability.
If any provision of this Ordinance, or the application
of such provision to any person or circumstance is
declared invalid by a court of competent jurisdiction,
such invalidity shall not affect any other provision
or application of this Ordinance, it being the intent
of the City Commission that the provisions of this
Ordinance shall be deemed severable.
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OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
Section 17A-27. Effective Date and Duration.
This Ordinance shall go into effect upon passage and
the prohibition against unconscionable rent increase
hereunder shall remain in effect until one year after
effective date of this Ordinance unless extended or
terminated by the City Commission of the City of Miami
Beach prior to that date.
Section 17A-28. Emergency Measure.
That the City Commission of the City of Miami Beach,
Florida, having found and determined that a public
emergency exists affecting life, health, property or
public safety, this Ordinance is hereby adopted as an
emergency measure.
PASSED and ADOPTED this 1st day of August , 1979.
Attest:
City ',Clerk
Vin CL -1 G
Mayor
Passed and Adopted as an Emergency Measure - August 1, 1979
Note: Bracketed words inserted by the editors.
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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