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Ordinance 76-2083 ORDINANCE NO. 76-2083 AN ORDINANCE AMENDING SECTION 20 OF ORDINANCE NO. 74-2018 , OTHERWISE KNOWN AS CHAPTER 17A OF THE CODE OF THE CITY OF MIAMI BEACH, BY CREATING AND IMPOSING A RENT MORATORIUM AND CREATING A LANDLORD-TENANT CONTROL BOARD AND SETTING FORTH ITS JURISDICTION AND DUTIES AND PROVIDING FOR PENALTIES FOR VIOLATION OF ITS ORDERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 20 of Ordinance No. 74-2018, otherwise known as Chapter 17A of the Code of the City of Miami Beach, Florida, be and the same is hereby amended by adding the following provisions at the conclusion thereof : (A) That upon the expiration date of this ordinance, a rent moratorium shall go into effect, to continue up to and including April 30 , 1977, during which moratorium there shall be no increases in rent; and further pro- vided that all existing l ases shall continue in effect until the expiration thereof, without any increase in the rent provided therein, or under this Ordinance. All existing services shall be continued at the existing level. A Landlord-Tenant Control Board shall be created by the City Council to hear and determine complaints by any affected person as to alleged violations of this section. (B) STATEMENT OF PURPOSE - The City Council of the City of Miami Beach, Florida, is permitting Ordinance No. 74-2018, otherwise known as Chapter 17A of the Code of the City of Miami Beach, Florida, and also otherwise known as the Rent Stabilization Law, to expire by its own terms as of December 31, 1976 . The expiration of said Rent Stabilization Law on said date occurs during the midst of the so-called "winter season" of the City of Miami Beach, during which period rentals in the City of Miami Beach reach their highest levels. In order, therefore, to provide for a reasonable transition period between a condition when rentals of residential units are being released from a controlled market to a free market status and while the City Council recognizes that landlords, as a class, are reasonable and forbearing, nonetheless, to meet, prevent and prohibit any possible instances of unwarranted and unjustified evictions, and exorbitant and extortionate rent increases or "rent- gouging" , the City Council has , by the adoption of this Ordinance created and imposed a rent moratorium com- mencing January 1, 1977 , and ending April 30 , 1977. It was, and is, the intent of the City Council that during said rent moratorium period there shall be no increases in the legal rent in effect on December 31, 1976 , either in oral or written leases; that any lease, oral or written, in effect from December 31, 1976 , and during said moratorium period, shall not be terminated by the landlord nor shall any tenant be evicted during said period so long as the tenant continues to pay said lawful rent, and otherwise lawfully conducts himself as such tenant. It was , and is, the intent of the City Council as provided by this Ordinance, that all services rendered by the landlord at the termination date of said Ordinance No. 74-2018 on December 31, 1976 , shall continue to be rendered and undiminished by the landlord during said rent moratorium period. • OFFICE OF THE CITY ATTORNEY , 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 (C) A Landlord-Tenant Control Board is hereby created and shall consist of six (6) members appointed by the City Council, who shall serve for a term of one (1) year. Members of said Landlord-Tenant Control Board shall be appointed immediately and forthwith. The powers and jurisdiction of said Landlord-Tenant Control Board shall be: (1) to hear and determine complaints by any affected person as to alleged violations of Section 1 of this Ordinance; (2) Beginning on May 1, 1977 , to hear and determine complaints by any affected person as to any alleged "rent-gouging" attempted by any landlord. For the purpose of this Ordinance, the term "rent- gouging" is hereby defined to be the imposition, or the attempt to impose, by any landlord, of a rental for living accommodations, as the same were defined by Ordinance No. 74-2018 , which expired by its terms on December 31, 1976, which is in excess of : (a) a fair and reasonable rent as established by the workings of a free enterprise system and the competitive market; (b) the reasonable rental charged and received for like and similar living accommodations; (c) an amount of rent determined to be an unconscionably high charge as determined by the Board after notice to anyone affected and hearing. Any ,reduction or attempt to reduce services which were being rendered by the land- lord on or before December 31, 1976 , shall be deemed to be an attempt to increase rents. The Board is empowered to roll back rents charged or attempted to be charged to a rent found and determined by the Board to be just and equitable in accordance with the foregoing standards. The Board may make such studies and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. The Board shall have power to issue notices to appear, upon petition therefor by any interested party and to hear and determine all cases of all alleged violations of said rent moratorium ordinance or of this Ordinance. The Board, in its proceedings, shall be governed by the requirements of the State of Florida Administrative Procedure Act, the same being Chapter 120 of Florida Statutes, mutatis mutandis. Willful failure by any person to comply with any notice to appear, or to comply with any order or award made by said Board shall be an offense, a violation of this Ordinance, punishable by fine or imprisonment as provided for by Section 1-8 of the Code of the City of Miami Beach, Florida. (D) Said Landlord-Tenant Control Board be and it is hereby authorized and empowered to appoint and designate an Executive Director and such staff as may be necessary to perform the functions of the Board. The compensation of said Executive Director and his staff shall be fixed and determined by the City Council. The City Council shall provide such reasonable amounts as shall be nec- essary for the operation and maintenance of office quarters reasonably necessary to implement and enforce the provisions of this Ordinance. SECTION 2 : That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. - 2 - • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - `MIAMI BEACH, FLORIDA 33139 SECTION 3: It is the intent of the City Council that all the provisions of this Ordinance shall be deemed severable, and that if any portion thereof be held and determined to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portion thereof shall be valid and enforceable notwithstanding. SECTION 4 : This Ordinance shall become effective ten (10) days after passage. PASSED and ADOPTED this 8th day of December , 1976. /e/ Vice Mayor Attest: el424.11:2 City Clerk 1st Reading - November 10, 1976 2nd Reading - December 8, 1976 (The adoption of this Ordinance was moved by Councilman Harold (Hal) Spaet. ) - 3 - • OFFICE OF THE CITY ATTORNEY 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 C•)C C•— •—4-I r6 a) a) L L U U •^-a E s- >.=T7 r6 c0 -•- 0 O Lm (NI co0 J I —i k.0O c6 O N L L - 1 0 4- L7 • C — O n 0 CC Z 4JU O •C UJ -a a) .F) U Lcc C Z O CO < ^c6 C O (1) — NOI- 0 • C\ CC 4-1•—-O 0 U N L N 0 0 cn Q� • E"C) -0•— C C (CS a) EC Q ro co 4