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Ordinance 79-2169ORDINANCE NO. 79-2169 AN ORDINANCE RELATING TO THE CONVERSION OF RENTAL UNITS TO CONDOMINIUM AND YEARLY RENTALS TO SEASONAL RENTAL; DECLARING CERTAIN LEASE PROVISIONS AS CONTRARY TO PUBLIC POLICY; PRO- VIDING EXCEPTIONS; PROVIDING FOR EXTENDED NOTICE TO TENANTS OF UNITS LEASED FOR A YEARLY TERM WHICH ARE CONVERTED TO LESS THAN YEARLY TERMS OF OCCUPANCY; PROVIDING SEVERABILITY; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission finds and determines that there presently exists in the City of Miami Beach a shortage of available rental units in multifamily residential apartment buildings; and WHEREAS, the City Commission finds that the health, safety and welfare of the residents of the City of Miami Beach are threatened and imperiled by reason of said shortage; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Chapter 17A of the City Code of the City of Miami Beach, Florida be and the same is hereby amended by adding a new Article thereto to be designated Article III and which shall read as follows: Section 17A-29. Conversion of Existing Improvements to Condominium. Upon compliance with all applicable provisions of State law a developer may create a condominium by converting existing, previously occupied improve- ments to condominium ownership provided that each residential tenant of existing improvements shall have the right to extend an expiring lease or tenancy upon the same terms for a period that will expire no later than eighteen months after written notice to the tenant of the intended conversion. A tenant must give written notice to the developer of his intention to extend his lease or tenancy within 30 days after he receives notice of the intended conversion unless the landlord or developer stipu- lates to a longer period. Any discount to an existing tenant on the purchase price of a condominium parcel in a conversion of existing improvements shall be offered for a period of not less than 60 days from the date of first offering to such tenant. Section 17A-30. Lease Provisions. It is declared by the City Commission that provisions of contracts, leases, or other undertakings, which allow landlords or developers, at their option, to cancel and terminate the terms of leases upon the conversion of property from previously occupied rental housing to condominium upon less than eighteen months' notice to the tenant are against public policy. Any provisions in any contract, lease or undertaking which provides for cancellation or termination of the XXX OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 term of any lease for an apartment or other residence at the option of the landlord or developer for reason of its intended conversion to condominium form of ownership without at least eighteen months' notice shall be unenforceable except in the following cases: (a) If the lease grants the tenant an option to purchase the apartment or other residence in which he resides at a price equal to or less than that offered to non -tenants, which option is exercisable by the tenant during a period of not less than 90 days after the mailing of a notice of intended conversion to the tenant. (b) If the lease provides that the lessor or developer shall not convert to condominium ownership except with the consent of the tenants of not less than 60% of the apartments or other dwellings in improvements intended to be converted. For the purpose of this vote, unoccupied apart- ments or dwellings shall be counted and the developer or lessor may vote those apartments. (c) If the lease provides for notification to the tenant of less than 180 days and if the term of the lease has more than 180 days remaining after notification is given, notification of termination to the tenant will be effective if the notice provides that the tenant shall have 180 days or more before cancellation or termination becomes effective. (d) Leases executed subsequent to the developer's or landlord's announcement of intention to convert to condominium ownership may provide for cancella- tion or termination upon not less than 60 days' notice to the tenant, provided the landlord con- spicuously discloses in the lease the intention to convert the property containing the leased premises to condominium ownership and that the lease may be cancelled upon 60 days' notice to the tenant. (e) Notice requirements of this Section shall not apply to a lease entered into simultaneously with, or subsequent to, a contract to purchase the condominium unit. (f) All notices to tenants required by this Section shall be given in the manner required by State law. Section 17A-31. Lease Provisions. SECTION 2: person or competent Whenever any lessor who leases or rents dwelling units on a yearly term converts the rental or leasing of occupied units to seasonal or less than yearly rental or leasing he shall give those tenants occupying such units on a yearly term written notice of intention to convert of at least 12 months. Any lease provision purporting to waive the rights created by this section is declared contrary to public policy and null and void. Severability. If any provision of this Ordinance, or the application of such provision to any circumstance is declared invalid by a court of jurisdiction, such invalidity should not affect any -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 other provision or application of this Ordinance, it being the intent of the City Commission that this Ordinance shall be deemed severable. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: This Ordinance shall go into effect upon its passage in accordance with law. PASSED and ADOPTED this 5th day of September , 1979. Attest: -- Llzu.44." 727 K1iii%.4,-J City Clerk (The foregoing was prepared at the request of Mayor, Dr. Leonard Haber. 1st reading - August 1, 1979 2nd reading - September 5, 1979 -3- Mayor AHM/mcs OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 U 1 r-4 •rl •rl 0 ct) cC r -I $-I 4-) 4) 4 a rn G 3+ o .O U U a • U U N O 4-1 1 LH O1 0 0 �1 U • z • o • CUM 0 0•rl rI i •rli. C7 Z CO U 4-1 +, u) 0_0 0 U TJ O 0 En N U H U • q OD •r' { W .0 0 A •r1 U 0 1-1 0 0 b U b •H •r4 4-3 O 0 U) > 4-i 4J 0 •r1 0 U U 3-1 bO o a 0 O O $-1 cd •r1 4.J a • +J �, d0 cd to U U r-1 V) •H •r -I 1:4•O U 0 b