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Ordinance 74-2018 ORDINANCE NO. 74-2018 AN ORDINANCE REPEALING EXISTING CHAPTER 17A OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR THE STABILIZATION OF RENTS OF HOUSING ACCOMMODATIONS ; DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING SUCH REGULATION; PROVIDING DEFINITIONS ; IMPOSING A MAXIMUM OF RENT CHARGEABLE FOR HOUSING ACCOMMODATIONS ; FREEZING RENTALS FOR HOUSING ACCOMMODATIONS AS OF OCTOBER 16, 1974; CREATING THE OFFICE OF RENT DIRECTOR; AND SETTING FORTH HIS RIGHTS AND POWERS, INCLUDING THE ADOPTION OF RULES AND REGULATIONS; THE ENTRY OF ORDERS FIXING MAXIMUM RENTS AND ADJUSTING RENTS ; PROVIDING FOR STATUTORY TENANCY; THE RECOVERY OF OVERCHARGES ; PROVIDING PENALTIES; CREATING THE RENT STABILIZATION ADVISORY COMMITTEE; EXEMPTING CERTAIN HOUSING ACCOMMODATIONS ; PROVIDING FOR THE SURVIVOR- SHIP OF CLAIMS ; PROVIDING FOR THE TERMINATION OF THIS ORDINANCE:; AND SAVING ALL REMEDIES WHICH ACCRUED UNDER THIS ORDINANCE ; PROVIDING SEVERABILITY CLAUSE, REPEAL CLAUSE AND EFFECTIVE DATE AND DURATION OF THIS ORDINANCE; AND PROVIDING FOR THE ADOPTION HEREOF AS AN EMERGENCY ORDINANCE . WHEREAS, the Florida Supreme Court has held the exist- ing Chapter 17A of the Code of the City of Miami Beach to be void and invalid for lack of legislative or charter authority to enact the same, and the legislature of the State of Florida having at its 1973 Session duly enacted Chapter 73-129 granting such legislative and charter authority to the municipalities of the State of Florida which authority has been held to include the authority to enact rent control legislation; and WHEREAS, a grave and serious public emergency exists with respect to the housing of a substantial number of citizens of Miami Beach; and WHEREAS, the deterioration and demolition of existing housing; an insufficient supply of new housing; the inhibition upon the construction of new housing resulting from the operation of the Florida Pollution Control Act, other environmental pro- tection laws, and an insufficient supply of financing; and the existing economic inflationary spiral have resulted in a substan- tial and critical shortage of safe, decent and reasonably priced housing accommodations as evidenced by the low vacancy rates prevailing in the City; and WHEREAS, this 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 pressures therefrom will produce a serious 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, that existing Chapter 17A of the Code of the City of Miami Beach, Florida, is deleted and the following substituted therefor : OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 SECTION 1. Short Title. This Ordinance shall be known and may be cited as the Rent Stabilization Law. SECTION 2 . Definitions. Unless a different meaning clearly appears from the context, the following terms shall mean and include : A. Administration - The Miami Beach Rent Control Adminis- tration. B. Director - There is hereby created the office of the Director of the Miami Beach Rent Control Administra- tion. The Director shall be appointed by the City Manager and shall receive a salary in accordance with the prevailing salary structure provided to department heads in the unclassified service of the City. The City Manager shall establish offices, purchase supplies and equipment and authorize the Director to employ such personnel, including legal counsel, subject to the approval of the City Manager, as may be necessary for the performance of his functions under this Ordinance. The Director shall submit a semi-annual report to the City Manager for transmittal to the City Council, which report shall include the Director ' s recommendations, if any, relating to the amendment of this Ordinance, and his findings and recommendations as to the continued existence or termination of grave and serious emergency conditions with respect to the various classes of the private rental housing market. C. Advisory Committee - An Advisory Committee is hereby created to consist of no less than seven members. The membership of the Board shall consist of two (2) landlords, two (2) tenants and three (3) homeowners representing the general public. Each member of the Committee shall be appointed by a majority vote of the City Council. The members of such committee shall hold office for a term of one (1) year, and shall serve without compensation. The Advisory Committee shall consider recommendations for proposed changes of this Ordinance upon their own initiative and such recommendations as may be submitted by organizations, associations and civic groups concerned with rent control and housing conditions. The Committee shall not consider individual cases, but merely general recommendations in preparing its report to the City Council. Any and all recommendations for amendments of this Ordinance and the Committee ' s opinion and advice upon these recommendations shall be reported to the City Council at least once in every four-month period. A copy of the recommendations and committee ' s opinions shall be served upon the Rent Director prior to consideration by the City Council. D. Housing Accommodation - A residential unit in any building containing three or more residential rental units in which said units are occupied or intended to be occupied by one or more individuals as a residence, together with the land and buildings appurtenant thereto; and all services, privi- leges, furnishings, furniture and facilities supplied in connec- tion with the occupation thereof, including garage and parking facilities . The term "housing accommodation" shall not include : (1) Dwelling units located in a structure completed or substantially rehabilitated or newly converted on or after October 16, 1974. Where an occupancy permit is required to be issued, there shall be a rebuttable presumption that completion is the date of issuance of the permit. If no such permit is required, completion shall be the date the housing accommodation is offered for rent in habitable condition. - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 • (2) Dwelling units located in a boarding house, hotel, motel, lodginghouse or rooming house except where the occupants thereof, on the freeze date, had been occupying their housing accommodation under a lease whose term is not less than one year, or have been in continuous occupancy for at least one year, or for which rent has been paid for one continuous year. Upon vacancy, the unit shall no longer be subject to the provi- sions of this Ordinance; for the purpose of this Ordinance, a rooming house is hereby defined as being any building containing not more than ten (10) rooms intended to be used, and used, rented or occupied for sleeping purposes by transient guests only. (3) Dormitories operated by any hospital, convent, monastery, asylum, public institution, educational institution, or any institution operated exclusively for chari- table or educational purposes on a non-profit basis. (4) Dwelling units subject to condominium or coopera- tive ownership; unless three or more of said units are owned by an individual for the purpose of renting on a yearly basis. (5) Public housing accommodations. (6) Dwelling units customarily rented on a seasonal basis where : (1) the dwelling unit is rented only for a short seasonal period at a seasonal rental; or where (2) in addition to being rented for a short seasonal period at a seasonal rental, it is also rented for the remainder of the year or a part thereof to a tenant or tenants other than the tenant or tenants who had rented for the seasonal period, at a rental substantially lower than the seasonal rental. To qualify under this paragraph, the housing accommodation must have been rented on a seasonal basis for a period of time between October 16, 1973 and October 15, 1974. Exclusion from control under this Ordinance shall not apply to any housing accommodation where on October 16, 1974, the occu- pants thereof had been occupying their housing accommodation under a lease whose term is not less than one year, have been in con- tinuous occupancy for one year, or for which rent has been paid for one continuous year, regardless of the method or amount of rent payment which had been agreed upon by the landlord and the tenant. The dwelling unit shall not come within the defini- tion of "housing accommodation" only so long as it shall continue to be rented on a seasonal basis. Upon termination of such rental practice, the maximum rent shall be established on a monthly basis by the Director based upon the maximum rent for comparable accommodations with consideration given to the factors provided in Section 5 (D) . The seasonal renting period shall be the period of the winter season, a period not exceeding six (6) months and generally including the months of December, January, February and March. E. Freeze Date - October 16, 1974 is hereby declared to be the date upon which maximum rent ceilings and minimum service standards shall be determined as described below. F. Freeze Date Maximum Rent - Subject to such adjustments as may be made pursuant to Sections 4 and 5, maximum rent ceilings and minimum service standards for housing accommo- dations in the City shall be the following : (1) For housing accommodations rented on October 16, 1974, the rent and services to which the landlord and tenant were entitled on that date. - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 • (2 ) For housing accommodations not rented on October 16, 1974, but which had been rented within the year ending on that date, the rent and services to which the landlord and tenant were last entitled within such year. (3) For housing accommodations not rented on October 16, 1974, or within the year ending on that date, the rent and services first agreed upon. G. Immediate Family - Parents, step-parents, children, or step-children of either spouse. H. Rent - The consideration including any bonus , benefits or gratuity demanded or received for or in connection with the use or occupancy of rental units or the transfer of a lease of such rental units . I . Services - Repairs, replacement, maintenance, painting, providing light, heat, hot and cold water, electric services , window shades and screens , storage, kitchen, bath and laundry facilities and privileges , janitor services , refuse removal, furnishing, parking, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained. J. Minimum Service Standards - Those services which were provided on October 16, 1974. SECTION 3 . Maximum Rent Ceiling - Minimum Service Standards . It shall be unlawful, regardless of any agreement, lease, or other obligation heretofore or hereafter entered into for any person to demand or receive any rent for housing accommodations in excess of the maximum rent ceiling, or refuse to supply any service required by the minimum service standards , or otherwise to do or omit to do any act in violation of any provision of this chapter or of any regulation, order, or other requirement thereunder, or to offer or agree to do any of the foregoing. SECTION 4 . General Powers and Duties of the Director . A. (1) Whenever the Rent Director shall determine that a general increase or decrease since October 16, 1974, in taxes, or other maintenance, or operating costs or expenses has occurred or is about to occur in such manner and amount as substantially to affect the maintenance and operation of housing accommodations generally he may by regulation or order increase or decrease the maximum rent ceiling or minimum service standard, or both, for such accommodations thereof in such manner or amount as will compensate for such general increase or decrease so as to provide a fair return to the landlord and a fair rental to the tenant. Thereupon, such adjusted ceiling or standard shall be the maximum rent ceiling or minimum service standard for the housing accommodations subject thereto. Before promulgating any regulation or making any determination under this Section, the Director shall hold a public hearing at which all interested parties shall be heard. The Director shall cause all interested parties to be notified either by mail or publication in a news- paper of general circulation in the community at least fourteen (14) days prior to the date of hearing. Such notice shall contain - 4 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 a statement of time, place and nature of the hearing, and contain a short and plain statement of the matters to be considered at the hearing; if the Rent Director is unable to state the matters in sufficient detail at the time initial notice is given, the notice may be limited to a statement of the issues involved and there- after, upon timely written application, a more definite and detailed statement shall be furnished not less than three (3) days prior to the date set for the hearing. (2) The Director shall have the authority to promul- gate such regulations as he deems necessary to carry out the intent of this Ordinance; but no such regulation shall be promulgated or enforced without first having held a public hearing as provided in this Ordinance. (3) The Director or any officer or agent designated by the Director, may administer oaths and affir- mations and may, whenever deemed necessary, by subpoena, require any person to appear and testify, or to appear and produce documents, or both, at any designated place, may require persons to permit the inspection and copying of documents, and the inspection of housing accommodations; and may by regulation or order, require the making and keeping of records and other documents . Any person subpoenaed shall have the right to make a record of his testimony and to be represented by counsel. In case of refusal to obey a subpoena served upon any person, upon application of the Director, the Municipal Court shall have • jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both and any failure to obey such order of the court may be punished by such court as a contempt thereof. (4) Parties to a proceeding pursuant to Section 5 shall submit written documentation to support their positions, and the Director may require further documen- tation as he deems necessary. The Director may require that submissions be verified or affirmed by the submitting parties, where the authenticity of the submissions is in question. Any party or person involved in any proceeding before the Director shall have the right to be represented by counsel. The Director may consolidate proceedings involving the same units, structures or parties or where the issues involved are substantially the same. (5) The Director shall have the authority to seek injunctive relief, when such action is considered necessary to effectuate the purposes of this Ordinance. (6) The Director may issue a prior opinion in response to a written request from a landlord as to whether certain contemplated actions would constitute a violation of the Ordinance. B . Each landlord shall, within sixty (60) days after adoption of this Ordinance, unless such time is extended by the Director, file with the Director, on forms prescribed by him, registration statements setting forth the freeze date maximum rents, essential services and equipment, current taxes assessed, gross rent rolls on freeze date, and such other data as the Director shall consider necessary to effectuate the purposes of this Ordinance. Failure to timely file shall be considered a willful violation of this Ordinance and subject the landlord to a fine of Five Hundred (500) Dollars for each housing accommoda- tion for which no registration statement is timely filed. In such case, the Director shall establish the maximum rent as of - 5 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 October 16, 1974, or date of first renting, whichever is later, based upon a comparability study of similar apartments and after consideration of the factors provided in Section 5 (D) . A regis- tration statement shall also be filed for each vacant apartment which had been previously rented and upon renting, the landlord shall, within thirty (30) days after such renting, notify the Director in writing of the rental being charged and the name of the tenant. No application for an increase in the maximum rent shall be accepted by the Director until registration statements have been filed. SECTION 5. Rent Adjustments. A. Any landlord may petition the Director to adjust the maximum rent ceiling or minimum service standards applicable to his housing accommodations where : (1) The landlord and tenant, by mutual voluntary written agreement, consent to an increase or de- crease in dwelling space or a change in the services, furniture, furnishings or equipment provided to the housing accommodations; or ' (2) There has been a major capital improvement, com- pleted on orlafter October 16, 1974, or within one year prior to the effective date of this Ordinance; or (3) There has been a substantial improvement including furniture and furnishings or alteration made since October 16, 1974. B. The Director shall presume that rents for housing accom- modations in the City in effect on October 16, 1974, were established at levels which yielded to owners a fair rate of return for such units; but upon petition by the landlord, the Director shall grant increases in rents if he finds that : (1) It is established that unique or peculiar circum- stances existed which resulted in a freeze date maximum rent substantially lower than the rents generally pre- vailing in the same area for substantially similar housing accommodations; or (2) There has been a substantial rise in operating expenses; or (3) The rental income from the housing accommodations is insufficient to enable the landlord to maintain approximately the same ratio between operating expenses allocable to the housing accommodations and the gross rent received from those accommodations which prevailed on October 16, 1974; or (4) That due to some factor or factors which are specifically stated by the landlord in his petition, including the inability of the landlord to meet his mortgage pay- ments and maintenance, the landlord is unable to receive a fair rate of return and such factors are not reasonably within the control of the landlord. C. Any tenant may petition the Director to adjust the maxi- mum rent ceiling or minimum service standards applicable to his housing accommodations where : (1) Due to peculiar circumstances affecting such accom- modations, the maximum rent ceiling is substantially higher than that generally prevailing for comparable housing accommodations; or - 6 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 • (2) The service supplied is less than that established by the minimum service standard for the housing accommodations ; or (3) The maximum rent ceiling permits the receipt of unduly high rent when compared to the prevailing maximum rent ceiling of similar housing accommodations providing similar services . D. In entering any order pursuant to Sections 5 (B) or 5 (C) determining a fair rate of return or fair rent, the Rent Director shall consider, among other things, the fair market value of the property at the time of entering such order. He may consider original cost, as well as cost of reproduction and may also consider rental value. He shall also consider the gross rentals received by the landlord, expenses including taxes, in- surance, janitorial services, repairs, utilities, if any, and annual charges for mortgage interest and amortization . In no event shall the Director enter any order which will result in confiscation of the landlord ' s property or deprive him of a reasonable return on the value of his property, nor, in any event, shall such order fix a rental rate which will yield a rate of return less than the rate of return generally obtained in the City as a return upon capital invested in housing accommodations in the City. E. Any tenant may petition the Director on the grounds that the service supplied to him is less than the service established by the minimum service standardfor his housing ac- commodations ; whereupon the Director may order that the service be maintained at such minimum service standard, or that the maximum rent ceiling be decreased to compensate for a reduction in service, as he deems necessary or appropriate to carry out the purposes of this Section . F. Any landlord may petition the Director for permission to reduce the service supplied by him in connection with any housing accommodations ; whereupon the Director, if he determines that the reduction of such service is to be made in good faith for valid purposes of this section , may by order, reduce the minimum service standard applicable to such housing accommodations and adjust the maximum rent ceiling downward in such amount as he deems proper to compensate therefor. G. Any tenant may petition the Director to adjust the maxi- mum rent ceiling applicable to his housing accommoda- tions on the ground that such maximum rent ceiling permits the receipt of an unduly high rent; whereupon the Director may, by order, adjust such maximum rent ceiling in such manner or amount as shall effectuate the purposes of this chapter and provide a fair and reasonable rent for such housing accommodations , but not less than the amount required to provide a fair return to the landlord and not less than the generally prevailing rate for comparable housing accommodations . H. A petition made pursuant to this Section shall be subject to the provisions of Section 8 of this Ordinance. Any adjusted maximum rent ceiling or minimum service standard entered pursuant to this Section shall be the maximum rent ceiling or minimum service standard for the housing accommodations subject thereto; except that, in the event that the adjustment order is stayed or set aside by the court in accordance with Section 8 of this Ordinance, the maximum rent ceiling and minimum service standard theretofore applicable to such housing accommodations under this Ordinance remain in full force and effect. - 7 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 I . Any rent adjustment shall be effective as of the first day of the month following the issuance of the deter- mination by the Director. However, no rental increase is collectible during the term of any lease unless such lease specifically provides for such increase. J. No petition pursuant to Sections (A) and (B) above shall be granted unless the landlord is substantially maintain- ing the minimum service standards applicable to his housing accommodations. SECTION 6. Modification of Determination. The Director, prior to commencement of a proceeding for judicial review, and prior to the execution of a warrant in a summary proceeding to recover possession of real property, may revoke, modify or supersede any determination issued where it is found that such determination was the result of a mistake of fact, fraud, illegality or irregularity in vital matters . SECTION 7 . Evictions. A. No action or proceeding to recover possession of housing accommodations shall be maintainable by any landlord against any tenant, notwithstanding that the tenant has no lease or that his lease has expired, so long as the tenant continues to pay the rent to which the landlord is entitled, unless : (1) The tenant is committing a nuisance or using the housing accommodations for an immoral or illegal purpose or for other than living or dwelling purposes ; or (2) The tenant is failing to comply with any of the provisions for which eviction is permitted pursuant to Florida Statutes Chapter 83, except where this Ordinance provides otherwise . (3) The landlord seeks in good faith to recover pos- session of the property for his immediate and personal use or occupancy as a dwelling; or for the use and occupancy of any member of his immediate family. (4) The landlord seeks in good faith to recover pos- session for the immediate purpose of demolishing the property and replacing it with new construction in accordance with plans filed with and approved by the building department of the City. (5) The landlord seeks in good faith to permanently withdraw the housing accommodations from the housing market without any intent to rent or sell all of any part of the rental unit or structure . B. Except as provided in Section 7 (A) , it shall be unlawful for any person to remove, or attempt to remove, from any housing accommodation the tenant or occupant thereof, or to refuse to renew lease or agreement for the use of such accommo- dations, because such tenant or occupant has taken or proposes to take action authorized or required by this Ordinance or any regulation, order or requirement adopted hereunder. So long as the tenant continues to pay the applicable rent payable by him for the housing accommodations occupied by him, he may not be removed or evicted therefrom, notwithstanding the expiration of - 8 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 any lease. Such tenant shall pay the lawful rent fixed for his housing accommodations on the first day of each month so long as he remains in possession and shall be required to give the land- lord fifteen (15) days ' written notice of his intention to vacate said premises, otherwise he shall be liable to the landlord for one month' s rent. No landlord may institute eviction proceedings pursuant to Section (A) (3, 4 & 5) until he has filed a petition for an eviction certificate with the Rent Director setting forth the grounds for such proposed action, and an eviction certificate has been issued by the Rent Director; the Director shall issue such certificate only if he finds that the landlord is entitled to such certificate under the provisions of this Section. No such eviction certificate shall be required prior to the institu- tion of eviction proceedings pursuant to Section 7 (A) (1 & 2) , or where the tenant has failed to pay his rent. SECTION 8 . Administrative Procedure. A. Any petition filed by a landlord or tenant under Section 5 shall be promptly considered by the Rent Director. The Director may by regulation provide that, in the absence of a request by any interested party for a public hearing, decisions shall be rendered upon the petition, response, supporting affida- vits and briefs submitted by the interested parties . If the petition fails to state any grounds upon which the action re- quested could be granted, the Director shall dismiss the petition upon his own initiative, without prejudice to the right to re-file • an appropriate petition. The Director shall notify in writing all parties involved as to whether the petition has been dis- missed or if no hearing has been requested, the decision of the Director upon the petition. The decision shall specify the findings of fact and reasons upon which the decision is based. Copies of such order of dismissal or findings and decision shall be served upon the parties involved in such manner as the Director may prescribe by regulation. B. Any person subject to the provision of any order issued by the Director, must, prior to seeking judicial review, file a petition for reconsideration to the Director within thirty (30) days from the date of issuance of such order. The petition shall set forth concisely the alleged omissions, oversights, causes or grounds upon which it is based. If there be no such request within thirty (30) days , the findings and order of the Rent Director shall be deemed final. C. Upon request of any party involved in a proceeding pur- suant to Section 5, the Director shall grant a hearing, but before making any determination, all parties shall be afford- ed an opportunity for hearing after reasonable notice by mail of not less than fourteen (14) days, which shall include : (1) a statement of the time, place and nature of the hearing; and (2) a short and plain statement of the matters asserted by all parties of record at the time notice is given. D. At the hearing, all parties shall have an opportunity to respond, to present evidence and argument on all issues involved or to file written statements , to conduct cross- examination and submit rebuttal evidence, to submit proposed findings of facts and orders , to file exceptions to any order or recommended order, and to be represented by counsel. Due regard shall be given to the utility and relevance of the infor- mation offered and the need for expedition. In any such hearing, the common law rules of evidence shall not be controlling. When appropriate, the general public may be given an opportunity to present oral or written communications . If the Director proposes to consider such material than all parties shall be given an opportunity to cross-examine, challenge or rebut it. All final orders entered by the Director shall be conclusive and binding upon the parties and the aggrieved party shall be entitled, as of right, to appeal to a court of competent jurisdiction . - 9 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 E . The Director shall take minutes of the testimony present- ed and shall incorporate by reference all documentary evidence and exhibits submitted. Any party shall be permitted, at his own cost, to have a stenographic record made of the hearing by a Certified Shorthand Reporter, provided that a copy of such record shall be supplied to the Director to be made a part of the file. SECTION 9. Payment of Rent During Petition and Appeal. Payment of rent by the tenant and acceptance by the landlord shall be without prejudice to the right of the landlord to apply to the Rent Director for an increase and the right of the tenant to apply for a decrease in the amount payable. In the event the landlord refuses to accept the rent payable under the provisions of this Ordinance, and brings an action against the tenant for non-payment of rent, the tenant shall pay unto the registry of the court the amount of rent payable under the provisions hereof, and the tenant shall be entitled to plead as a defense that the landlord refused to accept the rent pay- able under the provisions hereof; or that the landlord has not applied for a determination by the Rent Director; or that the Rent Director has not yet rendered an order fixing the authorized rent. SECTION 10. Overcharges . A tenant who has paid rent in excess of the rent author- ized under this Ordinance shall have a right to recover such overcharge, and where such overcharge is willful and intentional, the tenant shall be entitled to institute an appropriate action in a court of competent jurisdiction for double the amount of such overcharge . The prevailing party shall be entitled to re- cover reasonable attorney' s fees. Such action must be brought within two (2 ) years from the date of the overcharge. SECTION 11. Prohibitions . A. 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 in excess of the maximum rent or otherwise to do or omit to do any act in violation of any regulation, order or re- quirement of the Director under this Ordinance or to offer, solicit, attempt or agree to do any of the foregoing. B. It shall be unlawful for any officer or employee of the Administration or for any official advisor or consul- tant to the Director to disclose, other than in the course of official duty, any information obtained under this Ordinance or to use any such information for personal benefit. C. It shall be unlawful for any person to willfully make any false statement or entry in any document or report submitted in any proceeding before theDirector or required to be kept or filed under this Ordinance or regulation, order, or requirement thereunder, or to willfully omit or neglect to make any material statement or entry required to be made in any such document or report. D. Where an order granting a Certificate of Eviction has been issued, it shall be unlawful for a landlord or a successor in interest to use housing accommodations on the site on which same are located for any purposes other than those specified in the certificate of eviction. - 10 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 E . (1) No landlord shall demand, receive or obtain a security deposit which is in excess of the freeze date monthly maximum rent, or rent in effect on the date of occupancy, whichever is higher, multiplied by the number of months of security held by the landlord for the housing accommodations on October 16, 1974. There shall be no restriction in the amount of security that may be collected for a housing accommodation rented for the first time except that after the collection of such initial security, the provisions of this paragraph shall apply. No additional security may be collected by a landlord nor shall any portion of the security be required to be returned to a tenant based upon subsequent rental adjustments . (2) Any tenant who fails to give his landlord at least fifteen (15) days ' written notice by certified mail prior to vacating his housing accommodation shall be liable to the landlord for the loss of one month' s rent, except where the tenant has been removed or has vacated pursuant to this Ordinance. SECTION 12 . Harassment. A. It shall be unlawful for any person, with intent to cause any tenant to vacate housing accommodations, to engage in any course of conduct, including, but not limited to interruption or discontinuance of minimum services, which interferes with or disturbs the comfort, repose, peace or quiet • of such tenant in his use or occupancy of his housing accommoda- tion. B. It shall be unlawful for any person to remove or attempt to remove a tenant from his housing accommodation be- cause such tenant has taken, or proposes to take, action author- ized or required by this Ordinance or any existing building, housing and health codes . C. If it is found by the Director that a tenant has vacated his housing accommodation as the result of actions which are in violation of paragraphs (A) and (B) of this Section, the tenant shall be permitted to recover in an action at law two times the damages incurred as well as reasonable attorney' s fees and court costs . Damages shall include the costs of moving and the differential in rent between that rental which the tenant had been paying prior to vacating and the new rental paid, the differential to be computed for a two-year period. Such action must be commenced within two (2) years from the date of the Director ' s findings . SECTION 13. Survivorship. In the event of the death of a tenant, the rights of such deceased tenant shall inure to the surviving spouse or other person then in occupancy. SECTION 14. Waiver. Waiver of the provisions of this Ordinance by the tenant shall be unenforceable and void. SECTION 15. Decontrol. Whenever the Director shall find that an emergency no longer exists with respect to all or any particular class of housing accommodations, he shall recommend to the City Council that the controls imposed on rents and evictions pursuant to this Ordinance should be scheduled for orderly decontrol with due - 11 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 $ regard to preventing uncertainty, hardship and dislocation. The City Council may only issue such order after the holding of a public hearing at which interested persons are given a reasonable opportunity to be heard. SECTION . 16. 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 (500) dollars; and for each subsequent offense, shall be subject, upon his convic- tion, to a fine up to five hundred (500) dollars and/or imprison- ment for a period not to exceed sixty (60) days. SECTION 17. Remedies Saved. All causes of action or remedies accrued under this Ordinance prior to the termination of rent regulations shall survive such termination. SECTION 18. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. SECTION 19. 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 Council that the provisions of this Ordinance shall be deemed severable. SECTION 20. Effective Date and Duration. This Ordinance shall go into effect on January 1, 1975, and the regulation of rents hereunder shall remain in effect until the 31st day of December, 1976, unless extended or terminated by the City Council of the City of Miami Beach prior to that date. SECTION 21. Emergency Measure. That the City Council of the City of Miami Beach, Florida, having found and determined that a public emergency exists affect- ing life, health, property or public safety, this Ordinance is hereby adopted as an emergency measure. PASSED and ADOPTED this 11th day of . December , 1974. r40# tirwXy (SEAL) MAYO' ATTEST: )7c.l�C�e�C CITY CLERK Passed and adopted - December 11 , 1974 - 12 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUEMIAMI BEACH, FLORIDA 33139 • STATE OF FLORIDA COUNTY OF DADE: I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach, Florida, do hereby certify that Ordinance Noo 74-2018 entitled: AN ORDINANCE REPEALING EXISTING CHAPTER 17A OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR THE STABILIZATION OF RENTS OF HOUSING ACCOMMODATIONS ; DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING SUCH REGULATION; PROVIDING DEFINITIONS ; IMPOSING A MAXIMUM OF RENT CHARGEABLE FOR HOUSING ACCOMMODATIONS ; FREEZING RENTALS FOR HOUSING ACCOMMODATIONS AS OF OCTOBER 16, 1974; CREATING THE OFFICE OF RENT DIRECTOR; AND SETTING FORTH HIS RIGHTS AND POWERS, INCLUDING THE ADOPTION OF RULES AND REGU- LATIONS; THE ENTRY OF ORDERS FIXING MAXIMUM RENTS AND ADJUSTING RENTS; PROVIDING FOR STATUTORY TENANCY; THE RECOVERY OF OVERCHARGES ; PROVIDING PENALTIES ; CREATING THE RENT STABILIZATION ADVISORY COMMITTEE; EXEMPTING CERTAIN HOUSING ACCOMMODATIONS; PROVIDING FOR THE SURVIVORSHIP OF CLAIMS ; PROVIDING FOR THE TERMINATION OF THIS ORDINANCE; AND SAVING ALL REMEDIES WHICH ACCRUED UNDER THIS ORDINANCE; PROVIDING SEVERABILITY CLAUSE; RE- PEAL CLAUSE AND EFFECTIVE DATE AND DURATION OF THIS ORDINANCE; AND PRO- VIDING FOR THE ADOPTION HEREOF AS AN EMERGENCY MEASURE. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me at the door of the City Hall in said City on the 11th day of December , 1974, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 15th day of January , 1975. City Clerk • c • e N t L. Cr) 4.I - C L (0 C7)•- O 4) C d-' 4- C7).- CO s- N a) en co (0 N L c _c U •— O U L . .(.i CN 4- z" +- I +.' .., n N _I-.I- C V1 \ (A < n N C 1O CC O C7O4- 4-+ O O.-� 0 CO ^ (n CC "C7 U (-) 0 4- L 3 E E - O E • < •- 0 (n X U (0 — (O U 4-) t) f (0 N c C E N (0 O (0 0) (0 C V) C7).- 4- 4.) C (n L 0 C - O C7) •(/) U 4- a) •- O T_ U Q (n •- E 4- of — O (04- •— •-4- +- O C