Ordinance 1791-Bs 4
ORDINANCE NO. 1791
AN ORDINANCE AMENDING THE CODE OF THE
CITY OF MIAMI BEACH BY ADDING A NEW
CHAPTER THERETO TO BE NUMBERED 16A
AND TO BE ENTITLED "HOUSING AND RENT
CONTROL REGULATIONS".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That the Code of the City of Miami Beach be,
and the same is hereby amended by adding a
new Chapter thereto to follow immediately after Chapter 16,
and to be numbered and entitled, and to read as follows:
"Chapter 16A. Housing and Rent Control Regulations
Section 16A.1. Declarations and Findings:
It has been determined that there exists a. condition
in the City of Miami Beach with relation to an inflationary
spiral which requires the control and regulation of rents.
It also has been determined that there exists in the City
of Miami Beach a housing shortage.
WHEREFORE, it is necessary to enact a rent control
ordinance to solve the above problem.
Section 16A.2. Definitions:
A. Housing accommodations (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 individuals as
a residence, home, sleeping place or lodging house,
except for:
(a) A hospital, nursing home,retirement home,
asylum, or public institution, college or
school dormitory, or any charitable or
educational or non-profit institution, or
(b) A hotel or motel characterized by the customary
hotel or motel services such as, but not limited
to laundry and maid service, telephone switch-
board, and front lobby desk, or
(c) Public housing, or
(d) Housing accommodations in buildings operated
exclusively for charitable purposes on a non-
profit basis, or
(e) Certain high rental or special accommodations
such as condominiums and co-ops whose tenants,
in the opinion of the city rent agency, do not
require the protection of this ordinance.
(f) Any housing accommodations completed after
December 1, 1969.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
B. Landlord - an owner, lessor, sublessor, assignee,
or other person receiving or entitled to receive
rent for the use or occupancy of any housing
accommodation or any agent of the above.
C. Maximum rent - the maximum lawful rent for the use
of housing accommodations and which may be
formulated in terms of rent and other charges.
D. Person - an individual, corporation, partnership,
association, or any other organized group of
individuals, or the legal successor of any of the
above.
E. Rent - consideration, including any bonus, benefit,
or gratuity demanded or received for or in connection
with the use or occupancy of housing accommodations
or the transfer of a lease of such accommodations.
F. Tenant - A tenant, subtenant, lessee, sublessee, or
other person entitled to the possession or to the
use or occupancy of any housing accommodation.
Section 16A.3. City Rent and Rehabilitation Administration:
There shall be a city rent and rehabilitation administration,
referred to as the city rent agency, which shall consist
of the city rent administrator.
A. Such agency shall have charge of and conduct through
the City Attorney any proceeding under this title.
B. Such agency shall request from any state, county, or
municipal entities or persons all information,records,
and data in possession of the foregoing relating to
rent control in the city, to be transferred to it as
needed.
C. There shall be an advisory committee composed of not
less than 10 members who shall be appointed by the
City Council. The committee shall be provided by the
administrator with all data necessary for it to
advise and consult with the Mayor, Council, and
administrator on policy matters.
Section 16A.4. General Powers and Duties of the City Rent
and Rehabilitation Administration:
A. The city rent agency shall establish maximum rents
which shall be those rents in effect on September 1,
1969.
B. Such agency however, may correct or set aside any
rent resulting from illegality, irregularity, or fraud.
C. Such rents shall be established having regard for those
factors bearing on the equities of the matter.
D. A survey by the city rent agency shall consider all
factors affecting rents to determine the effectiveness
of the program and to make adjustments.
E. The city rent agency may adopt, amend, promulgate, or
rescind any rules, orders, or regulations it deems
necessary to affect this ordinance and its purposes,
and subpoena persons or date and records from what-
ever source.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
F. Further adjustments of maximum rents may be made
by the city rent agency where:
(a) The rental income from a property yields a
net annual return of less than 10% of the
invested capital of the property. The means
of valuation shall be determined by the city
rent agency and made available to the public.
(b) The landlord and tenant can agree to a rental
increase for a two year term, but which shall
not exceed 10% of the present rent.
(c) The landlord and tenant can agree to decrease
or increase the facilities, service, furnishings,
substantially enough to warrant a rent
adjustment, or
(d) Where there has been substantial material
rehabilitation of the accommodations and/or
property resulting in added value and increased
life, but excluding ordinanry maintenance.
(e) Where there has been a major capital improvement
recently, required for the operation or
preservation of the structure.
(f) Rent increases will not be allowed where a
tenant has been improperly evicted so the
landlord could make improvements to qualify
for a rent increase.
(g) The city rent agency may authorize rent
adjustments every year, such adjustments to
be tied to the cost of living.
(h) No rent increases shall be allowed if (1) a
proper agency of the city or state has found
housing violations by the landlord which
endanger the safety or health of the tenants
(2) and landlords are required to certify that
they will maintain all essential services so
long as rent increases are in effect.
(
i
Should a landlord permit housing violations to
exist beyond a reasonable time, then the city
rent agency shall have the power to decrease the
rent until the danger is eliminated.
Section 16A.5. Prohibitions and Enforcement:
A. It shall be unlawful for any person to demand more
than the maximum rent.
B. It shall be unlawful for a landlord to remove a
tenant or so attempt, because he is pursuing action
pursuant to this ordinance.
C. It shall be unlawful for an employee or officer of the
rent agency or connected service to improperly use
or disclose information.
D. It shall be unlawful for any person to remove a
housing unit from the market if the same will result
in an eviction.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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E. 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 jail or $500.00
fine or both."
SECTION 2. This ordinance shall become effective on February
18, 1970, and shall remain in effect for a period
of at least two years.
SECTION 3. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4. 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 18th day of February, 1970.
Attest:
City Clerk -Finance Director
1st reading -
2nd reading -
3rd reading -
POSTED -
1st
2nd
3rd
re -reading
re -reading
re -reading
POSTED
October 15, 1969
October 15, 1969
October 15, 1969
October 17, 1969
- February 18, 1970
- February 18, 1970
- February 18, 1970
- February 20, 1970
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE o MIAMI BEACH, FLORIDA 33139