Ordinance 1791-A. -
, `i �
• •
. •
.� ,
ORDINANCE N0. 1791
� :
�'
� ' "�
. ; �
Ai�1 ORU I i�APdCE �t'�E�SU � i�JC THE CODE OF TH�. �. .�
C 1 TY �F '�� t N�•i I � ' ` ' �' ' � � � ' ' � � ���
� 3E�ICr� �Y ADD I►,a a t3E:-f
CH6�PTER THERETO TO �E i�JUi1i�EitE:D i E�fa �'
QNn TO BE ENT i TLED "HOUS 1 f�G Ac�D REPJT ,�
C�PlTS�OL P.tGULHT I OE�S''.
3E I T ORt�t� i i�ED k:Y THE C i TY COU: �C i L �F TNE C i TY �F �� 1 At•i t`���CF� , F�QR 1 DA :
SECTIO;d 1, That the Gode of the City of tiiami �each �e, a�d the sar�e is hereby
ar�aended by add i ng � nev�� Chapter thereto to fol 10��1 i r�med i ate 1 y after
Chapfier 1�i, and ta b� numf�erecf and ent i t 1 ed, and to read as foi loiJs :
j'Ct�aRter 1n��1. lious ing and `;ent Control �egulations
Section l�F�.l, ueclarations and Findings:
It has been deter����ined that there exists a condiCion in tlie City
of :�iiami ueach with relation to an inflationary s��iral �Nhich requires
the c�ntrol and regulation of rents. it also has been determined that
there exi sts i n the C i ty of '� i ami �'each a i�ous i ng shortage.
�!HE�'�EFOP.E, i t i s necessary to enact a rent controi ord inance to
so 1 vc: t he a uov�: p rou � em .
S�;ction 16�.2. uefinitions:
A. iiousing accommo�ations (to be controlled) - any building or
structure, temporary or permanent, with four or more rental units,
occupied or intended to be so, by one or more individuais as a
residence, home, sleeping place or lodging house, except foro
{a) A hospital, nursing i�or�e, retirement home, asylur�, or pubiic
institution, college or school dormitory, or any charitaUle or
edu�ational or non-profit institution, or
{b) l� hotei or motel c%aracteriied by the customary hotel or motc:l
services such as, but not lirnited ta laundry and maid service,
telephone switchboard, and front loE�by desk, or
tc} Public housin�, or
(d) hfousing acconu�odations in buildings operated exclusively for
charitable purposes on a �on-profit basis, or
(e) Certain high rental or 5pecial accommodations such as
condominiums and co-ops wrhose tenants, in the opinion of the
c i ty rer►t agency, do nofi requ i re tf�e protect i o� of th i s
orc� i nance .
(f� Any housing accommodation completed afrer December i, 1�6�.
�. Landlord - an ow�er, lessor, sublessor, assignee, or oti�er person
receiving or entitled to receiv�: rent �or t#�� use or occupancy of
any housin� accommod�tion or any agent of the above.
C. � 1ax i mum ren t- the �ax i mum 1 a4r�f u 1 ren t fo� the use of ��ous i ng
accommodations and �vhich may �e formulated in t�rms of rent and
other char�es.
�
. � .
� , �. . � .
�. �erson - an ind�vidual, corporation, partnership, association, or
any other organized group of individuals, or the ie�al successor
of any of the above.
L. t�ent � consideration, inciuding any bonus, benefit, or �ratuity
demanded or received for or in connection ��ith the use or occupancy
of housin� accomrriodations or the transfer of a lease of such
accommodations.
F. Tenant - H tenant, subtenant, lessee, suuless�e, or other �erson
entitled to the possession or to the use or occupancy of any
housing accommodation.
S�ction ibr�.;. City f�ent and ��ehabilitation Adr��nistration:
There shall be a city rent and rehabiiitation adr�inistration, ref�rred
to as the city rent agency, ��hich st�all consist of the �ity rent
administrator.
a. �ucf� agency shail have charge of and conduct throun�i the City Attorney
any proceeding und�r this fiitle.
�. - Such agency shall request From any sta�e, county, or municipal
entities or persons ail informa�ion, records, and data in possession
of the f�regoing relatin� to rent control in the ciry, to be
transferred to it as needed.
C. The r� sha 1 i E,e an adv i sory cor�r�� i t tee composed of not 1 ess than 1 G
mem�ers �-�rho shail be ap�ointed by the City Council. The committee
siiall be provided by tl�e administratar ti�ith all data necessary for
i t to �dv i se and consu l t��r i tfi the :-layar , Counc i 1, and admi n i s t rator
on policy matters.
Sect i on 16, u. 4 Genera i Po�rers and Dut i es of the C i ty f�ent and
�tehai�i 1 itation ��dministration:
�1. The c i ty ren t agehcy s�a 1 i esYab 1 i sh max i num rents wh i ch sha 1 1 k�e t'��se
rents in effect on September 1, I;��iq.
�. Such agency hoi�ever, may correct or set asid� any rent resulting from
illegatity, irregularity, or fraud.
C. 5uch renCs shall be established having regard for those factors bearin�
on the equities of the matter.
i3. t1 survey by �he c�fiy rent agency shall consider ail factors affectin�
rents to determine t��e effectiveness of fihe pro�ram and to na�;e
ad j us tnents .
�:. The city rent agency may adoFt, amend, promulgate9 or rescind any
rules, ord�rs, or re,ulations it deems necessary to effect ti�is
ordinance and its pur��os�s, and subpoena persons or data and records
f rom Urhatever source.
F. Further adjustments of maxinum rents may be nade `�y the city rent
agency s��rhe re :
(a) The r�ntal incorne from a property yielos a net annual return of
1 ess than i Oi bf the i nves ted cap i ta 1 of tf�a ;? rc�-��rty . The
me.�:�s of va � u;t ��n sha i 1 �e de�ermi n�:=� ��y t�; �� ;; i t.: rent a�ency
anci r�ade ava i i a� i e to t`ie ���,1 i c.
�!
u •
� ' ,
. � , �
�
{b) The land'ord and tenant can agree to a rentat increase for a
two y�ar term, but which shall not exceed 10� of the present
rent .
(c� �'he landlord and tenant can ayree to decrease or in�rease the
faci 1 ities, :�ervi c,.:, furnishings, su�s��:nti�,� 1,,� enough to
warrant a rent adjustment, F:�r
(d) ��lhere there has been substantiai materiat rehahilitation of
the accommodations and/or property resulting in added value
ancl i ncreased 1 i fe, ru ����:xcl u�e r n_; ord i nary ma i ntenance.
(e) �dhere there has been a major capital improvement recently,
requi red for tf�e operation or preservation of the structure.
(f) iient increases wi i 1 not be al lowed wi�ere a tenant has been
improperty evicted so the landlord could maEce irnprovernents to
quatify for a ren� increase.
(g) The city rent agency may authorize rent adjustments every year,
s uch ad j us trr�en ts to be t i ed to the cos t of l i v i ng .
(h) No rent increases shall be atlo��ed if (1) a pro�er agency of
the city or state has found housing violations by the landlord
which endahger the safety or he�lth of the tenants (2) and
iandlords are required to certify that fihey wiil maintain all
essentiat services so long as rent increases are in effect.
{i) Should a landlord permit housing violations to exist beyond a
reasonab 1 e t i me, t��ri �: �,.: c i ty rent agency sha i i have the power
to de�rease the rent un�il the danger is elirninaterl.
Sectian i+�i�..,, Prohibi tions and Enforcement:
A. i t sha 1 1 be un l a�Jf u 1 for any pe rson to demand r�re than the max i mum
rent .
B. 1 t shal 1 be unlati��f€�1 for a landlord to remove a tenant or so attempt,
because he is pursuing action pursuant to this ordinance.
C. It shall be unla�Arful for an employee or officer of the rent agency or
connected service to improperly use or disclose information.
D. it shali be unlawful for any person to remove a housing unit from
th� marketi if tE�e same �vi11 result in an evi�tion.
�. The city rent agency may enforce its orders by obtaining court orders.
F. Any violation of the prohibition section shall be punishable by up
to 60 days in jai 1 or $700. ?: �;�i n� �r b�th.��
SECTiON 2: This ordinance shall become effective on �ctiober i5, 196�, and shali
remain in effect for a perio� of at least two years.
S�CTi0e�3 3: A1l ordinances or parts of ordinances in conflicti herewith be and the
same are hereby repealed,
-3-
�
�
,
SECTION �+. The health and welfare of the City being in peril, the three
readings of this ordinance shall be had in one session, and
the City Council finding that this ordinance is necessary for
the immediate protection of its citizens, it shall therefore
go into effect on the day and date above written.
PASSED AND ADOPTED this 15th day of October, 1969.
Attest:
City Clerk-Finance Director
(SEAL)
lst reading - October 15, 1969
2nd reading - October 15, 1969
3rd reading - October 15, 1969
Posted - October 17, 1969
-4-
STATE C}F FL�RIDA
COUNTY OF DADE:
I, RU3'H B. ROULEAiI, City C lerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1791 entitled;
AN ORD I NANCE AMEND I NG THE CODE OF THE
C ITY OF MIAMI BEACH BY ADD I NG A NEW
CHAPTER THERETO TO BE NUMBERED 16A
AND TO BE ENTI TLED "HOUS I NG AND RENT
CONTROL REGUlATIONS".
having been gassed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the � 7th day of October, 196g,
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 17th day of December, 196g.
�
City Clerk and Finance Director
�
�
_ � .. _ :
�� . , � , , �
'T � y w
O
., �:.. " � . , . , . . . . . . � ,