Ordinance 79-2187ORDINANCE NO. 79-2187
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH DECLARING THAT IT IS AGAINST THE PUBLIC
POLICY OF THE CITY TO DISCRIMINATE IN RENTAL HOUSING
ON THE BASIS OF AGE; DEFINING HOUSING ACCOMMODATIONS;
PROHIBITING CERTAIN ACTIVITIES IN THE RENTAL OF HOUSING
ACCOMMODATIONS OR THE SALE OF UNITS FORMERLY OCCUPIED
AS RENTAL UNITS; PROHIBITING CONDOMINIUM UNITS USED FOR
RENTAL PURPOSES FROM DISCRIMINATING ON THE BASIS OF AGE;
PERMITTING RESIDENTIAL BUILDINGS TO RENT OR SELL EXCLUSIVELY TO
ELDERLY IN CERTAIN SITUATIONS; ALLOWING REQUIREMENTS OF
FINANCIAL OBLIGATIONS PROVIDING THERE IS NO DISCRIMINA-
TION; PROVIDING FOR PENALTIES; PROVIDING FOR THE
SEVERABILITY OF THE SECTIONS OF THE ORDINANCE; AND
PROVIDING FOR THE INCLUSION OF THE ORDINANCE IN THE
CITY CODE OF THE CITY OF MIAMI BEACH; AND PROVIDING
FOR AN EFFECTIVE DATE OF THE ORDINANCE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: Policy - It is hereby declared to be the public policy of
the City of Miami Beach that in order to continue to have
a mixture of citizens and residents of all age groups within the City
of Miami Beach and in view of the current low vacancy rate for all
rental housing throughout the City of Miami Beach, and further in
view of the limited rental housing accommodations existing within the
City of Miami Beach for families with minor children, it is hereby
declared that sound public policy directs that discrimination against
families with children in residential rental units within the City of
Miami Beach should be prohibited. It is further declared to be
against public policy to discriminate in the sale of units converted
from rental to Condominium on the basis of age of the proposed
residents.
SECTION 2: (a) Definitions - "Housing Accommodation": Any building
containing one or more residential rental units.
"Rental Unit": One or more rooms in
which cooking facilities are available which are leased
to a person for his or her residence.
(b) Exception - Housing accommodation consisting of two
residential rental units, one unit of which is occupied by the owner
of said housing accommodation, or by a family member of the owner of
said housing accommodation, shall be excepted from the provisions of
this Ordinance.
SECTION 3: Prohibited Activity - It shall be unlawful for the owner,
lessor, lessee, sub -lessee, real estate broker, assignee,
or other person having the right of ownership, the right of possession,
or the right to rent or lease any housing accommodation, or any agent
or employee of such person to:
XX
(a) refuse to rent or lease, or otherwise deny
to or withhold from any person, such accommodations
because such person has a minor child or children
who shall occupy the leased or rented premises with
such person;
(b) represent to any person because of the potential
tenancy of a minor child or children that housing accom-
modations are not available for inspection or rental
when such accommodations are, in fact, so available;
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
(c) make, print, or publish, or cause to be
made, printed, or published, any notice, state-
ment, or advertisement, with respect to the rental
of housing accommodations that would indicate any
preference, limitation, or discrimination, based
upon the potential tenancy of a minor child or
children;
(d) discriminate against any person in terms,
conditions, or privileges of the rental of housing
accommodations or in the provision of services or
facilities in connection therewith because of the
potential tenancy of a minor child or children;
(e) refuse to rent after the making of a bona
fice c:tfer or refuse to negotiate for the rental
of, or otherwise make unavailable or deny, housing
accommodations to any person because of the potential
tenancy of a minor child or children;
(f) include in any lease or rental agreement of
housing accommodations, a clause providing that as
a condition of continued tenancy the tenants shall
remain childless;
(g) refuse to sell or otherwise deny to or
withhold from any person any unit, previously a
rental unit, upon conversion of that unit from
rental to condominium because such person has a
minor child or children who shall occupy the condo-
minium unit with such person or to otherwise take any
action which would have the effect of discriminating
against such person in the purchase or sale of the
condominium unit because such person has a minor child
or children who will occupy the unit with such person.
SECTION 4: Private Dwellings Used for Rental Purposes - The provi-
sions of this Ordinance shall not apply to persons who
are owners of a single residential unit, whether same is a home,
townhouse, or condominium parcel, but shall apply to condominium
parcels operated by a management company primarily for rental purposes.
SECTION 5: Tenant Age Policy Not Prohibited - (a) in residential
buildings otherwise covered by this Ordinance, where the
owner has publicly established and carried out a policy of renting
exclusively to persons who are defined herein as elderly, said owner
or any other person enumerated in Section 3 hereinabove, shall be
exempt from the provision of this Ordinance, provided, however, that
deviation from or abandonment of said policy shall automatically
subject said owner to all of the provisions of this Ordinance.
(b) Definition - "Elderly Persons": All persons who
have attained the age of 62 or more years.
SECTION 6: Requirements of Financial Obligations Not Prohibited -
This Ordinance shall not prohibit the person having the
right to rent or lease the premises from requirii1 the same financial
obligations of prospective tenants with minor children as he or she
may require of prospective tenants without children. However, no
discrimination in the amount or manner of payment of said financial
obligation shall be permitted.
SECTION 7: Penalty - Any person, firm, or corporation violating the
provisions of this Ordinance, upon conviction, shall be
subject to a fine of not less than Two Hundred and Fifty Dollars
($250.00) nor more than One Thousand Dollars ($1,000.00), and/or
imprisonment for a period not to exceed sixty (60) days.
SECTION 8: Severability - If any section, clause, provision, or
portion of this Ordinance is adjudicated invalid by a
court of competent jurisdiction, the remaining portions of said
Ordinance shall not be affected thereby.
XX -2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
SECTION 9: Inclusion in the City Code - It is the intention of the
City Commission that the provisions of this Ordinance
shall be included in the City Code of the City of Miami Beach and
the sections of this Ordinance may be renumbered or relettered to
conform with such intent.
SECTION 10: Effective Date - This Ordinance shall go into effect
immediately upon its passage in accordance with law.
PASSED and ADOPTED this 21st day of November, 1979.
Attest:
/f -f.(7.1-4",1
City Clerk
\)\
or
(Requested by Vice -Mayor Michael Friedman)
First Reading - October 17, 1979
Second Reading,as amended - November 21, 1979
-3-
xx BMS/rcp
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
U
1-J
Q)
Q)
G OD
O «S
co •H
r I 4..1 LH
N cd O
a i G
Q ON •H to
H ri Cr)
O • 3-+ cd
H 0 U .n
I=4 z to
J •r4 (1)
W "O
zU +-)
4-• G
Z G O
I -1-r-1
id OD
tsOG
O cd •tet
t�0 G
G O
ri 4
ctS �
rl N
U +.1
Q)