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Ordinance 77-2094 (Extending Rent increase Moratorium) ORDINANCE NO. 77-2094 AN ORDINANCE AMENDING SECTION 1 (A) AND SECTION 1 (B) OF ORDINANCE NO. 76-2083, AND PROVIDING FOR ITS ADOPTION AS AN EMERGENCY MEASURE. WHEREAS, the Council of the City of Miami Beach, Florida, makes the following findings of fact which, when con- sidered together, constitute a valid showing of a grave and serious housing emergency with respect to rental housing of a substantial number of citizens of the City of Miami Beach and which demonstrate a need for rent stabilization to serve and promote the public interest: a) The vacancy rate of standard quality rental apartments within the City of Miami Beach is ordinarily below 5 percent. Any vacancy rate above 5 percent is temporary in nature and ordinarily remains above 5 percent for less than one year. The precise vacancy rate of standard quality rental apartments in Miami Beach is difficult to measure with precision because business and governmgntal sources differ in their findings ; nor do such vacancy surveys usually take substandard apartment units into account. b) The City of Miami Beach is geographically compact, consisting of approximately 8 square miles . There is a serious shortage of vacant land available for new construction within the confines of said City and any new construction is primarily intended for condominium units, which will not satisfy the demand for rental apartments . The demand for apartment rental units is expected to increase markedly because of an improvement in the national economy, the approved project to restore the ocean beach and the impending restoration of the South Beach area. Also, the deterioration and demolition of existing housing and the existing economic inflationary spiral have resulted in a substantial and critical shortage of safe, decent and reasonably- priced housing accommodations in the City of Miami Beach. c) The population of the City of Miami Beach is largely comprised of people in a higher age bracket with rela- tively low, fixed, investment or retirement incomes. Approx- imately 80 percent of the citizens of Miami Beach rent apartments. d) Rental property values on Miami Beach are among the highest in the State of Florida, and historically have accelerated at a rate substantially higher than that of the remainder of Dade County, Florida. Accordingly, in the absence of rent stabilization, apartment rents on Miami Beach have risen faster than those in the remainder of Dade County and faster than the increases in the Consumer Price Index. e) The demand for rental apartments on Miami Beach cannot be satisfied in adjacent or nearby areas because the City of Miami Beach is unique in Dade County in that the City provides extensive cultural, recreational and emergency medical services that are not duplicated in other areas; a large percentage of the citizens of Miami Beach do not drive automobiles, which would be required elsewhere; and, WHEREAS , the legislature of the State of Florida, at its 1973 Session, duly enacted Chapter 73-129 (Florida Statutes Chapter 166 , Part I , otherwise known as the Municipal Home Rule Powers Act) , implementing Article VIII , §2 (b) of the Florida Constitution, granting legislative and charter authority to the • OFFICE OF THE CITY ATTORNEY -- 1130 WASHINGTON AVENUE � MIAMI BEACH, FLORIDA 33139 municipalities of the State of Florida, which authority has been held to include the authority to enact rent control legislation; and, WHEREAS , Ordinance No. 76-2083, otherwise known as the Rent Moratorium Law, is insufficient to meet the said emergency and fulfill the public necessity; and, WHEREAS, the aforesaid emergency cannot be dealt with effectively by the ordinary operations of the private rental housing market, and unless residential rents are regulated, such emergency and the inflationary pressure flowing therefrom will produce a serious and substantial threat to the public health, safety and general welfare of the citizens of Miami Beach, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That that portion of Section 1 (A) of Ordinance No. 76-2083 reading as follows : " (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 . " be and the same is hereby amended to read as follows : " (A) That upon the expiration date of this ordinance, a rent moratorium shall go into effect, to continue up to and including June 15, 1977 . " SECTION 2: That that portion of Section 1 (B) of Ordinance No. 76-2083 reading as follows : "and ending April 30, 1977" be and the same is hereby amended to read as follows : "and ending June 15, 1977" SECTION 3 : All ordinances in conflict herewith be and the same are hereby repealed. SECTION 4 : This ordinance is adopted as an emergency measure, pursuant to Section 9 of the City' s Charter, to meet a public emergency affecting the life, health, property, and public safety, and shall be effective immediately. PASSED and ADOPTED this 20th day of April, 1977 . ayor Attest: L )2(L uc City Clerk Passed and Adopted as an emergency measure - April 20, 1977 -2- f OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -�MIAMI BEACH, FLORIDA 33139 C • 0 o a. 0 0 (CS 01 in +) N I • L J 1�� 0 < (1) — •cn 01 0 W O C — Z 6 C cG C p V) O W ("0 r Ute > <C 0 E Q� U Ca 6 C U C ) O N CD Cr) V) L N 01r-) E cO a) •- O c C C 1 tp N.0 E N N CD i