Ordinance 87-2540 ORDINANCE NO. 87-2540
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CODE
CHAPTER 17A, ENTITLED RENT STABILIZATION, AND
CREATING A NEW CHAPTER 17A, ENTITLED RENTAL
HOUSING, PROVIDING FOR PLACARDING AND
CONDEMNING OF BUILDINGS UNFIT FOR HUMAN
HABITATION, PROVIDING FOR THE RELOCATION OF
RESIDENTS, PROVIDING FOR TENANTS' RIGHTS TO PRESENT
GRIEVANCES, PROHIBITING DISCRIMINATION IN RENTAL
HOUSING, PROVIDING FOR A PENALTY FOR VIOLATIONS,
PROVIDING FOR SEVERABILITY, REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
SECTION 1: REPEAL OF MIAMI BEACH CITY CODE CHAPTER 17A
That Miami Beach City Code Chapter 17A, providing for rent stabilization is hereby
repealed in its entirety.
SECTION 2:
That a new Chapter 17A of the Code of the City of Miami Beach is hereby created to read
as follows:
Chapter 17A
RENTAL HOUSING
ARTICLE L Buildings Unfit for Human Habitation
Sec. 17A-1. Designation of buildings as unfit for human
habitation; placarding of unfit buildings; condemnation of
unfit buildings.
Sec. 17A-2. Owners - duty to relocate residents
Sec. 17A-3. Tenants' rights to present grievances.
Sec. 17A-4. Penalty for violation of article.
ARTICLE IL Discrimination in Rental Housing Units.
Sec. 17A-5. Policy.
Sec. 17A-6. Definitions.
Sec. 17A-7. Prohibited activity.
Sec. 17A-8. Private dwellings used for rental purposes.
Sec. 17A-9. Tenant age policy not prohibited.
Sec. 17A-10. Requirements of financial obligations not
probihited.
Sec. 17A-11. Penalty.
s
Chapter 17A-1 Rental Housing
Article L Buildings Unfit for Human Habitation
Sec. 17A-1. Designation of buildings, unfit for human habitation;
placarding of unfit buildings; condemnation of unfit buildings.
The designation of buildings as unfit for human habitation and
the procedure for condemnation and placarding, as unfit for
human habitation, of such unfit buildings, shall be carried out in
compliance with the following requirements:
(a) Any building, as defined in Miami Beach City Code, Section
17B-6, which shall be found to have any of the following defects
shall be designated by a city code inspector, as defined in
Section 17B-6, as unfit for human habitation and shall be so
placarded:
(1) One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the
health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the
occupants or of the public.
(3) One which, because of its general condition or location, is
unsanitary, or otherwise dangerous to the health or safety of the
occupants or of the public.
(b) Any building declared unfit for human habitatign by the
enforcing agency as defined in Section 17B-6 shall be so
designated by posting a placard in a conspicuous place on the
structure.
(c) A building condemned and placarded as unfit for human
habitation shall be vacated within thirty days as ordered by the
enforcing agency and shall not be used for occupancy again until
written approval is secured from, and the placard removed by,
the enforcing agency. The enforcing agency shall order the
removal of the placard whenever the defect or defects upon
which the condemnation and placarding actions were based, have
been eliminated.
-2-
•
(d) No person shall deface or remove the placard from any
building which has been condemned as unfit for human habitation
and placarded as such, except as provided in subsection (c) of
this section.
(e) Any person whose property has been placarded as unfit for
human habitation may request and shall be granted a hearing on
the matter before the property maintenance standards appeals
board of the city in accordance with the procedures set forth in
City of Miami Beach Code Section 178-14.
(f) Where the code inspector determines that a building is an
unsafe building within the provisions of Section 202 of the South
Florida Building Code, he shall immediately report the matter to
the city building official.
Sec. 17A-2. Owners -duty to relocate residents.
(a) Within twenty-four (24) hours from the time that an occupied
building is declared unfit for human habitation and placarded,
the owner, as defined in Section 17B-6, shall make all necessary
arrangements to relocate the residents therein into comparable
housing, which is safe, sanitary and secure and pay the expenses
involved in such relocation.
(b) If the owner shall fail to take the necessary steps to provide
for the relocation of displaced residents, and City personnel will
be empowered to assist in said relocation, then the owner shall
pay all expenses incurred by the City; payment to occur within
seven (7) days from receiving an itemization of expenses
incurred in the relocation.
(c) If the owner shall fail to pay City-incurred expenses, a lien
against the realty and personality of said owner shall be filed in
the public records of Dade County, Florida and shall be of a
dignity equal to liens filed for ad valorem taxation. Said lien
shall carry an interest rate at the maximum rate provided by
Section 687.02, Florida Statutes (1985). Upon foreclosure of said
lien, the City shall be entitled to attorney fees and costs.
Sec. 17A-3. Tenants' rights to present grievances
(a) Any tenant or group of tenants may at any time submit in
oral or written form a list of grievances to the landlord, his
-3-
s
agents or to any proper governmental agency concerning the
management, the physical conditions or operation of the rental
unit or units.
(b) The management of any rental unit complained against or
criticized shall not coerce, retaliate, or discriminate in any
manner against a tenant or tenant group because of participation
in the presentation of a grievance or complaint.
(c) It shall be unlawful for any person to willfully and knowingly
initiate any complaint under the provisions of this section
without probable cause and for the purpose of harassment.
Sec. 17A-4. Penalty for violation of article.
Any person, firm or corporation who willfully violates any of the
provisions of this article, upon conviction of such offense, shall
be punished by a fine not to exceed five hundred dollars, and/or
imprisonment for a period not to exceed thirty days. Each day
of continued violation shall be considered as a separate offense;
however, the imprisonment provision of this section shall hot be
applicable to more than one violation which is a recurring or
continuing violation on consecutive dates. The provisions of this
chapter may be enforced by mandatory injunction or other
appropriate civil action.
Article II.
Discrimination in Rental Housing Units.
Sec. 17A-5. 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, aAd in view ef the
ewwFeat law vaeaAey Fate feF ail FeRta4 lheusiig tbFeugheut the
eftyr and further in view of the limited rental housing
accommodations existing within the city 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 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.
-4-
•
Sec. 17A-6. 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.
Exception. Housing accommodation consisting of two residential
rental units, one unit of which is occupied by the owner of the
housing accommodation, or by a family member of the owner of
the housing accommodation, shall be excepted from the
provisions of this article.
Sec. 17A-7. 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:
(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 accommodations are not
available for inspection or rental when such accommodations
are, in fact, so available;
(c) Make, print, or publish, or cause to be made, printed, or
published, any notice, statement, 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 bonafide offer 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;
-5-
•
(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 condominium 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.
Sec. 17A-8. Private dwellings used for rental purposes.
The provisions of this article 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.
Sec. 17A-9. Tenant age policy not prohibited.
(a) In residential buildings otherwise covered by this article,
where the owner has publicly established and carried out a policy
of renting exclusively to persons who are defined herein as
elderly, the owner or any other person enumerated in Section
17A-6 hereinabove, shall be exempt from the provisions of this
article, provided, however, that deviation from or abandonment
of the policy shall automatically subject the owner to all of the
provisions of this article.
(b) Definition. Elderly persons. All persons who have attained
the age of sixty-two or more years.
Sec. 17A-10. Requirements of financial obligations not
prohibited.
This article shall not prohibit the person having the right to rent
or lease the premises from requiring the same financial
obligations of prospective tenants with minor children as he or
she may require of prospective tenants without children.
-6-
S.
s
However, no discrimination in the amount or manner of payment
of such financial obligation shall be permitted.
Sec. 17A-11. Penalty.
Any person, firm, or corporation violating the provisions of this
article, upon conviction, shall be subject to a fine of not less
than two hundred and fifty dollars nor more than one thousand
dollars, and/or imprisonment for a period not to exceed sixty
days.
SECTION 3: SEVERABILITY
If any section, part of section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall
not be affected.
SECTION 4: REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 5: EFFECTIVE DATE
This Ordinance shall take effect 10 days after its adoption on
March 28 , 1987.
PASSED and ADOPTED this 18th day of March
1987.
allrYOR
ATTEST:
CITY CLERK FORM APPROVED
1st Reading - March 4, 1987
2nd Reading - March 18, 1987 LEGAL DEPT.
By �
Date 3 -I
SWS/bcg
-7-
s
11-1 P
2 \\ }\
N. co \
\ § / 0 / 4-i
\
o u e & w t m m4.1
\\ E \\ j \ \
c4 # ouww
-H
/ / \Wc ) /
1-0
J m 2 0 4-1 ®
4 N 4.4-H /
/Z \ / / \ \ � cd[ ® /
e w & W o -
g / %�` / 0 \ / $
\ / \ P. M ® § f
/ \ § o 0 \ / 0.0 04 0
/ m/ p® ` R J /
t / 7 \/ / / /
\ / "0 / # « § w
(1) 4.1
w m a J 5 » m R