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Ordinance 79-2175BMS/rr ORDINANCE NO. 79-2175 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 17A, OF THE CODE OF THE CITY OF MIAMI BEACH, SO AS TO ADD ARTICLE II PROVIDING FOR THE REGULATION AND PROHI- BITION OF UNCONSCIONABLE RENT INCREASES OF HOUSING ACCOMMODATIONS; DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING SUCH REGULATION; PROVIDING DEFINITIONS; PRO- VIDING REBUTTABLE PRESUMPTION; PROVIDING PENALTIES; SAVING ALL REMEDIES WHICH ACCRUED UNDER THIS ORDINANCE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; SAVING ALL ACTIONS WHICH ACCRUED UNDER ORDINANCE NO. 79-2167; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING EFFECTIVE DATE AND DURATION OF THIS ORDINANCE. 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 designated 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 greater than two times the percentage increase in the Consumer Price Index, All Urban Consumers - (CPI -U), U.S. Average, Housing, 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. -2- OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE • MIAMI BEACH, FLORIDA 33139 3. When the result reached in 1(c) is greater than two times the result reached in 2(e), the rent increase is unconscionable. Section 17A-22. Unconscionable Rent Increase; Rebuttable Presumption. 1. A rent increase which is greater than two times the percentage increase in the Consumer Price Index, All Urban Consumers - (CPI -U), U.S. Average, Housing, as determined in Section 17A-21, is presumptively un- conscionable. 2. It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodation which is unconscion- able, as specified in subsection 1. 3. The Miami Beach City Commission finds that a finding of a rent increase which is greater than two times the percentage increase in the Consumer Price Index, All Urban Consumers - (CPI -U), U.S. Average, Housing, is so onerous that the circumstances warrants the establish- ment 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 circumstances to justify and validate what otherwise appears to be an unconscion- able rent increase under this section, as determined by a court of competent jurisdiction. 4. The Table of Consumer Price Indices, All Urban Consumers - (CPI -U), U.S. Average, Housing, attached hereto as Exhibit "A" is found to be true and correct and incorporated into this Ordinance by reference. The indices contained therein shall, to the extent they relate to a relevant point and time, be used for calcu- lations under this Ordinance. 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. -3- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 EXHIBIT "A" U.S. Department of abpr Wabureshin' on, 0.C. 12021222cf Consumer Price Index All Urban Consumers - (CPI -1J) U.S. City Average Housing (1%7.109) 7/9/79 YEAR JAM.. FES. NAA, AIR, NAqT JUNE JULY AUG. SEP. pOCCT. .8 �NpOV, pDEEC. pApV . 1968 1 .7p 1(007.2 102,4 102.7 103.p0) 1 .6 194:8 101,9 1100555.p1 105.6 106.2 106.7 104.0 1969 110.4 1970 114,1 115.1 11066.2 116.9 11011777.5 117,8 118:4 119,1 119:8 12120.4 121,5 11 121,7 118,2 19771 121.8 121.7 1 .5 1 1. 122.3123.1 123.6 124.1 124.5 1 4.19 125.4 1 123.4 191973 2 1974 1�' 3 126.6 3 .8 13311.ZZZ2 131.6 1344.4 �2Z127.1 5 132.6 27.9 132.9 121.823.4 1352.2 1 7 1}367.}9 7 139.1 133.7 1975 159.2 160.6 .6 141.9 161.` 162.5 163.1 164.1 164.8 1651 .4 166.6 167..7 4 168.9 169.7 164.55 1977 E0182.61976 170.7 171.3 3 88.0 172.4 173.0 $ a 118.) 19 174.9 175.7 176.8 177.4 5b 1978 193.8 195.0 96. 199.3 199.9 202.0 203.8 205.2 207.5 209.5 210.6 211.5 202.8 1979 213.1 215.6 217.6 219.8 222.4 ,1,4:5 2' Attest: 1. Section 17A-25. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 17A-25.1 Actions under Ordinance No. 79-2167 Saved. This Ordinance shall supersede Ordinance No. 79-2167 provided that nothing contained herein shall be amended to limit any action which accrued prior to the effective date of this Ordinance under Ordinance No. 79-2167. 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. Section 17A-27. Effective Date and Duration This Ordinance shall go into effect upon its passage in accordance with law. The prohibition against un- conscionable rent increases 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. PASSED and ADOPTED this 19th day of September , 1979. City2,1?i,(„4,4->o, rk 1st Reading - September 5, 1979 2nd Reading - September 19, 1979 -4- c4 ayor OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 U 4-1 cdv� r41- OD N Q1 r-I 0 crl �4-1 in 0 CZ • W O •0 ri x H 0 N U U) N 0 0 'd 0 U 1-7 O U C •U 0 al Z O O H ;Z OD H W U 0 •r1 Ra' U U1 O Z A 0 N- 0 0 Z r-1 •H 1-1 • +.) 1J x) U Q 0 o co •r1 U O J • s•-+ co Iva cd tri v CU G S+ a 4) .r4