Ordinance 79-2169ORDINANCE NO. 79-2169
AN ORDINANCE RELATING TO THE CONVERSION OF
RENTAL UNITS TO CONDOMINIUM AND YEARLY RENTALS
TO SEASONAL RENTAL; DECLARING CERTAIN LEASE
PROVISIONS AS CONTRARY TO PUBLIC POLICY; PRO-
VIDING EXCEPTIONS; PROVIDING FOR EXTENDED NOTICE
TO TENANTS OF UNITS LEASED FOR A YEARLY TERM
WHICH ARE CONVERTED TO LESS THAN YEARLY TERMS
OF OCCUPANCY; PROVIDING SEVERABILITY; REPEALING
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds and determines that
there presently exists in the City of Miami Beach a shortage of
available rental units in multifamily residential apartment
buildings; and
WHEREAS, the City Commission finds that the health,
safety and welfare of the residents of the City of Miami Beach
are threatened and imperiled by reason of said shortage; and
WHEREAS, this Ordinance is based solely upon local
conditions unique to the City of Miami Beach and shall not be
construed to preempt State law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 17A of the City Code of the City
of Miami Beach, Florida be and the same is
hereby amended by adding a new Article thereto to be designated
Article III and which shall read as follows:
Section 17A-29. Conversion of Existing Improvements to
Condominium.
Upon compliance with all applicable provisions
of State law a developer may create a condominium
by converting existing, previously occupied improve-
ments to condominium ownership provided that each
residential tenant of existing improvements shall
have the right to extend an expiring lease or
tenancy upon the same terms for a period that will
expire no later than eighteen months after written
notice to the tenant of the intended conversion. A
tenant must give written notice to the developer of
his intention to extend his lease or tenancy within
30 days after he receives notice of the intended
conversion unless the landlord or developer stipu-
lates to a longer period. Any discount to an existing
tenant on the purchase price of a condominium parcel
in a conversion of existing improvements shall be
offered for a period of not less than 60 days from
the date of first offering to such tenant.
Section 17A-30. Lease Provisions.
It is declared by the City Commission that provisions
of contracts, leases, or other undertakings, which
allow landlords or developers, at their option, to
cancel and terminate the terms of leases upon the
conversion of property from previously occupied rental
housing to condominium upon less than eighteen months'
notice to the tenant are against public policy. Any
provisions in any contract, lease or undertaking
which provides for cancellation or termination of the
XXX OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
term of any lease for an apartment or other residence
at the option of the landlord or developer for reason
of its intended conversion to condominium form of
ownership without at least eighteen months' notice
shall be unenforceable except in the following
cases:
(a) If the lease grants the tenant an option
to purchase the apartment or other residence
in which he resides at a price equal to or
less than that offered to non -tenants, which
option is exercisable by the tenant during
a period of not less than 90 days after the
mailing of a notice of intended conversion
to the tenant.
(b) If the lease provides that the lessor or
developer shall not convert to condominium
ownership except with the consent of the tenants
of not less than 60% of the apartments or other
dwellings in improvements intended to be converted.
For the purpose of this vote, unoccupied apart-
ments or dwellings shall be counted and the
developer or lessor may vote those apartments.
(c) If the lease provides for notification to the
tenant of less than 180 days and if the term of
the lease has more than 180 days remaining after
notification is given, notification of termination
to the tenant will be effective if the notice
provides that the tenant shall have 180 days or
more before cancellation or termination becomes
effective.
(d) Leases executed subsequent to the developer's or
landlord's announcement of intention to convert
to condominium ownership may provide for cancella-
tion or termination upon not less than 60 days'
notice to the tenant, provided the landlord con-
spicuously discloses in the lease the intention
to convert the property containing the leased
premises to condominium ownership and that the
lease may be cancelled upon 60 days' notice to
the tenant.
(e) Notice requirements of this Section shall not
apply to a lease entered into simultaneously
with, or subsequent to, a contract to purchase
the condominium unit.
(f) All notices to tenants required by this Section
shall be given in the manner required by State
law.
Section 17A-31. Lease Provisions.
SECTION 2:
person or
competent
Whenever any lessor who leases or rents dwelling units
on a yearly term converts the rental or leasing of
occupied units to seasonal or less than yearly rental
or leasing he shall give those tenants occupying such
units on a yearly term written notice of intention to
convert of at least 12 months. Any lease provision
purporting to waive the rights created by this section
is declared contrary to public policy and null and void.
Severability. If any provision of this Ordinance,
or the application of such provision to any
circumstance is declared invalid by a court of
jurisdiction, such invalidity should not affect any
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
other provision or application of this Ordinance, it being the
intent of the City Commission that this Ordinance shall be deemed
severable.
SECTION 3: All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4: This Ordinance shall go into effect upon its
passage in accordance with law.
PASSED and ADOPTED this 5th day of September , 1979.
Attest:
-- Llzu.44." 727 K1iii%.4,-J
City Clerk
(The foregoing was prepared at the request
of Mayor, Dr. Leonard Haber.
1st reading - August 1, 1979
2nd reading - September 5, 1979
-3-
Mayor
AHM/mcs OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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