Ordinance 76-2083 ORDINANCE NO. 76-2083
AN ORDINANCE AMENDING SECTION 20 OF ORDINANCE
NO. 74-2018 , OTHERWISE KNOWN AS CHAPTER 17A
OF THE CODE OF THE CITY OF MIAMI BEACH, BY
CREATING AND IMPOSING A RENT MORATORIUM AND
CREATING A LANDLORD-TENANT CONTROL BOARD AND
SETTING FORTH ITS JURISDICTION AND DUTIES
AND PROVIDING FOR PENALTIES FOR VIOLATION OF
ITS ORDERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 20 of Ordinance No. 74-2018, otherwise
known as Chapter 17A of the Code of the City of Miami
Beach, Florida, be and the same is hereby amended by adding the
following provisions at the conclusion thereof :
(A) That upon the expiration date of this ordinance, a
rent moratorium shall go into effect, to continue up to
and including April 30 , 1977, during which moratorium
there shall be no increases in rent; and further pro-
vided that all existing l ases shall continue in effect
until the expiration thereof, without any increase in
the rent provided therein, or under this Ordinance. All
existing services shall be continued at the existing
level. A Landlord-Tenant Control Board shall be created
by the City Council to hear and determine complaints by
any affected person as to alleged violations of this
section.
(B) STATEMENT OF PURPOSE - The City Council of the City
of Miami Beach, Florida, is permitting Ordinance No.
74-2018, otherwise known as Chapter 17A of the Code of
the City of Miami Beach, Florida, and also otherwise
known as the Rent Stabilization Law, to expire by its
own terms as of December 31, 1976 . The expiration of
said Rent Stabilization Law on said date occurs during
the midst of the so-called "winter season" of the City
of Miami Beach, during which period rentals in the City
of Miami Beach reach their highest levels. In order,
therefore, to provide for a reasonable transition period
between a condition when rentals of residential units
are being released from a controlled market to a free
market status and while the City Council recognizes that
landlords, as a class, are reasonable and forbearing,
nonetheless, to meet, prevent and prohibit any possible
instances of unwarranted and unjustified evictions, and
exorbitant and extortionate rent increases or "rent-
gouging" , the City Council has , by the adoption of this
Ordinance created and imposed a rent moratorium com-
mencing January 1, 1977 , and ending April 30 , 1977. It
was, and is, the intent of the City Council that during
said rent moratorium period there shall be no increases
in the legal rent in effect on December 31, 1976 , either
in oral or written leases; that any lease, oral or
written, in effect from December 31, 1976 , and during
said moratorium period, shall not be terminated by the
landlord nor shall any tenant be evicted during said
period so long as the tenant continues to pay said
lawful rent, and otherwise lawfully conducts himself as
such tenant. It was , and is, the intent of the City
Council as provided by this Ordinance, that all services
rendered by the landlord at the termination date of said
Ordinance No. 74-2018 on December 31, 1976 , shall
continue to be rendered and undiminished by the landlord
during said rent moratorium period.
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OFFICE OF THE CITY ATTORNEY , 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(C) A Landlord-Tenant Control Board is hereby created
and shall consist of six (6) members appointed by the
City Council, who shall serve for a term of one (1)
year. Members of said Landlord-Tenant Control Board
shall be appointed immediately and forthwith. The
powers and jurisdiction of said Landlord-Tenant Control
Board shall be: (1) to hear and determine complaints by
any affected person as to alleged violations of Section
1 of this Ordinance; (2) Beginning on May 1, 1977 , to
hear and determine complaints by any affected person as
to any alleged "rent-gouging" attempted by any landlord.
For the purpose of this Ordinance, the term "rent-
gouging" is hereby defined to be the imposition, or the
attempt to impose, by any landlord, of a rental for
living accommodations, as the same were defined by
Ordinance No. 74-2018 , which expired by its terms on
December 31, 1976, which is in excess of : (a) a fair
and reasonable rent as established by the workings of a
free enterprise system and the competitive market; (b)
the reasonable rental charged and received for
like and similar living accommodations; (c) an amount
of rent determined to be an unconscionably high charge
as determined by the Board after notice to anyone
affected and hearing. Any ,reduction or attempt to
reduce services which were being rendered by the land-
lord on or before December 31, 1976 , shall be deemed to
be an attempt to increase rents. The Board is empowered
to roll back rents charged or attempted to be charged to
a rent found and determined by the Board to be just and
equitable in accordance with the foregoing standards.
The Board may make such studies and investigations,
conduct such hearings, and obtain such information as is
necessary to carry out its powers and duties. The Board
shall have power to issue notices to appear, upon
petition therefor by any interested party and to hear
and determine all cases of all alleged violations of
said rent moratorium ordinance or of this Ordinance.
The Board, in its proceedings, shall be governed by the
requirements of the State of Florida Administrative
Procedure Act, the same being Chapter 120 of Florida
Statutes, mutatis mutandis. Willful failure by any
person to comply with any notice to appear, or to comply
with any order or award made by said Board shall be an
offense, a violation of this Ordinance, punishable by
fine or imprisonment as provided for by Section 1-8 of
the Code of the City of Miami Beach, Florida.
(D) Said Landlord-Tenant Control Board be and it is
hereby authorized and empowered to appoint and designate
an Executive Director and such staff as may be necessary
to perform the functions of the Board. The compensation
of said Executive Director and his staff shall be fixed
and determined by the City Council. The City Council
shall provide such reasonable amounts as shall be nec-
essary for the operation and maintenance of office
quarters reasonably necessary to implement and enforce
the provisions of this Ordinance.
SECTION 2 : That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - `MIAMI BEACH, FLORIDA 33139
SECTION 3: It is the intent of the City Council that all the
provisions of this Ordinance shall be deemed severable,
and that if any portion thereof be held and determined to be
invalid or unconstitutional by a court of competent jurisdiction,
the remaining portion thereof shall be valid and enforceable
notwithstanding.
SECTION 4 : This Ordinance shall become effective ten (10) days
after passage.
PASSED and ADOPTED this 8th day of December , 1976.
/e/
Vice Mayor
Attest:
el424.11:2
City Clerk
1st Reading - November 10, 1976
2nd Reading - December 8, 1976
(The adoption of this Ordinance was moved
by Councilman Harold (Hal) Spaet. )
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OFFICE OF THE CITY ATTORNEY 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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