Ordinance 77-2093 ORDINANCE NO. 77-2093
AN ORDINANCE RE-ENACTING FORMER ORDINANCE NO. 74-2018 ,
(OTHERWISE KNOWN AS CHAPTER 17A OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA) , AND COMMONLY REFERRED TO AS THE
MIAMI BEACH RENT STABILIZATION LAW, BUT DELETING SECTIONS
7, 11 E 2 , 13 AND 21 OF SAID FORMER ORDINANCE; PROVIDING
FOR THE STABILIZATION OF RENTS OF HOUSING ACCOMMODATIONS;
DECLARING THE EXISTENCE OF AN EMERGENCY; REQUIRING SUCH
REGULATION; PROVIDING DEFINITIONS; IMPOSING A MAXIMUM OF
RENT CHARGEABLE FOR HOUSING ACCOMMODATIONS , BASED UPON
RENT CHARGED AS OF OCTOBER 16, 1974; AND PRESERVING ALL
LAWFUL RENT ADJUSTMENTS MADE UNDER SECTION 5 OF THE FOR-
MER ORDINANCE; RE-CREATING THE OFFICE OF RENT DIRECTOR;
AND SETTING FORTH HIS RIGHTS AND POWERS, INCLUDING THE
ADOPTION OF RULES AND REGULATIONS, AND THE ENTRY OF ORDERS
FIXING MAXIMUM RENTS AND ADJUSTING RENTS; PROVIDING FOR
THE RECOVERY OF OVERCHARGES; PROVIDING PENALTIES; CREATING
THE RENT STABILIZATION ADVISORY COMMITTEE; EXEMPTING CER-
TAIN HOUSING ACCOMMODATIONS; PROVIDING FOR THE TERMINATION
OF THIS ORDINANCE; AND SAVING ALL REMEDIES WHICH ACCRUED
UNDER THIS ORDINANCE; PROVIDING SEVERABILITY CLAUSE, REPEAL
CLAUSE AND EFFECTIVE DATE AND DURATION OF THIS ORDINANCE;
AND FURTHER REPEALING ORDINANCE NO. 76-2083 , THE RENT MORA-
TORIUM LAW; AND PROVIDING' THAT THIS ORDINANCE IS ADOPTED AS
A REFERENDUM MEASURE PURSUANT TO THE PROVISIONS OF SECTION
26 OF THE CHARTER OF THE CITY OF MIAMI BEACH.
WHEREAS, Miami Beach Ordinance No. 74-2018 , otherwise
known as THE MIAMI BEACH RENT STABILIZATION LAW, by its own terms
has expired; and,
WHEREAS, the Council of the City of Miami Beach, Florida,
makes the following findings of fact which, when considered together,
constitute a valid showing of a grave and serious housing emergency
with respect to rental housing of a substantial number of citizens
of the City of Miami Beach and which demonstrate a need for rent
stabilization to serve and promote the public interest:
a) The vacancy rate of standard quality rental apartments
within the City of Miami Beach is ordinarily below 5 percent. Any
vacancy rate above 5 percent is temporary in nature and ordinarily
remains above 5 percent for less than one year. The precise vacancy
rate of standard quality rental apartments in Miami Beach is diffi-
cult to measure with precision because business and governmental
sources differ in their findings; nor do such vacancy surveys usually
take substandard apartment units into account.
b) The City of Miami Beach is geographically compact, con-
sisting of approximately 8 square miles. There is a serious shortage
of vacant land available for new construction within the confines of
said City and any new construction is primarily intended for condo-
minium units, which will not satisfy the demand for rental apartments.
The demand for apartment rental units is expected to increase markedly
because of an improvement in the national economy, the approved pro-
ject to restore the ocean beach and the impending restoration of the
South Beach area. Also, the deterioration and demolition of existing
housing and the existing economic inflationary spiral have resulted in
a substantial and critical shortage of safe, decent and reasonably-
priced housing accommodations in the City of Miami Beach.
c) The population of the City of Miami Beach is largely
comprised of people in a higher age bracket with relatively low, fixed,
investment or retirement incomes. Approximately 80 percent of the
citizens of Miami Beach rent apartments.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
d) Rental property values on Miami Beach are among the
highest in the State of Florida, and historically have accelerated
at a rate substantially higher than that of the remainder of Dade
County, Florida. Accordingly, in the absence of rent stabilization,
apartment rents on Miami Beach have risen faster than those in the
remainder of Dade County and faster than the increases in the Con-
sumer Price Index.
e) The demand for rental apartments on Miami Beach cannot
be satisfied in adjacent or nearby areas because the City of Miami
Beach is unique in Dade County in that the City provides extensive
cultural, recreational and emergency medical services that are not
duplicated in other areas; a large percentage of the citizens of
Miami Beach do not drive automobiles , which would be required else-
where; and
WHEREAS, the legislature of the State of Florida, at its
1973 Session, duly enacted Chapter 73-129 (Florida Statutes Chapter
166 , Part I, otherwise known as the Municipal Home Rule Powers Act) ,
implementing Article VIII , §2 (b) of the Florida Constitution, grant-
ing legislative and charter authority to the municipalities of the
State of Florida, which authority has been held to include the au-
thority to enact rent control legislation; and,
WHEREAS, Ordinance No. 76-2083, otherwise known as the
Rent Moratorium Law, is insufficient to meet the said emergency and
fulfill the public necessity; and,
WHEREAS, the aforesaid emergency cannot be dealt with effec-
tively by the ordinary operations of the private rental housing market,
and unless residential rents are regulated, such emergency and the
inflationary pressure flowing therefrom will produce a serious and sub-
stantial threat to the public health, safety and general welfare of
the citizens of Miami Beach, Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MIAMI BEACH,
FLORIDA, that City of Miami Beach, Florida, Ordinance No. 74-2018 is
Re-Enacted as follows:
1. SECTION 1 entitled Short Title is hereby Re-Enacted.
2. SECTION 2 entitled Definitions is hereby Re-Enacted,
providing definitions for the following terms : Administration,
Director, Advisory Committee, Housing Accommodation, Freeze Date,
Freeze Date Maximum Rent, Immediate Family, Rent, Services and
Minimum Service Standards.
3. SECTION 3 entitled Maximum Rent Ceiling - Minimum
Service Standards is hereby Re-Enacted, making it unlawful for any
person to demand or receive rent in excess of the Maximum Rent Ceil-
ing, or to refuse to supply any service required by the Minimum
Service Standards , or to violate Provisions of the Ordinance or
Regulations promulgated thereunder.
4 . SECTION 4 entitled General Powers and Duties of the
Director is hereby Re-Enacted, providing authorization to the Rent
Director to adjust the Maximum Rent Ceiling or Minimum Service
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE , MIAMI BEACH, FLORIDA 33139
Standard, or both, of accommodations whenever the Rent Director
shall determine that a general increase or decrease since October
16 , 1974 , in taxes, or other maintenance, or operating costs or
expenses has occurred or is about to occur in such manner and amount
as substantially to affect the maintenance and operation of housing
accommodations generally; to promulgate regulations; to administer
oaths and issue subpoenas; to seek injunctive relief; to issue
opinions upon written request; providing further for the filing of
registration statements by landlords.
5. SECTION 5 entitled Rent Adjustments is hereby Re-
Enacted, providing for adjustments to the Maximum Rent Ceiling or
Minimum Service Standards upon proper application by a landlord or
tenant, in the case of:
(a) A mutual voluntary written agreement of landlord
and tenant to a change in the dwelling space or services or fur-
nishings to be provided,
(b) A major capital improvement or substantial
improvement,
(c) A substantial rise in operating expenses,
(d) Insufficient rental income to maintain approxi-
mately the same ratio between operating expenses and gross rent
prevailing on October 16 , 1974 ,
(e) Inability of a landlord, for reasons beyond his
control, to receive a fair rate of return,
(f) The maximum rent ceiling is substantially higher
than that generally prevailing for comparable housing accommodations,
(g) The service supplied is less than that established
by minimum service standards. Further providing for what constitutes
a fair rate of return.
6. SECTION 6 entitled Modification of Determination is
hereby Re-Enacted, providing for the revocation, modification or
supersedence of prior determinations by the Director.
7. SECTION 7 entitled Evictions is not Re-Enacted, but
is deleted.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
8. SECTION 8 entitled Administrative Procedure is
hereby Re-Enacted, providing for administrative review of orders
issued by the Director, including the right to a hearing, examination
of witnesses, the right to counsel and to submit written and oral
evidence.
9. SECTION 9 entitled Payment of Rent During Petition
And Appeal is hereby Re-Enacted, providing guidelines for payment
of rent during administrative review or judicial action.
10. SECTION 10 entitled Overcharges is hereby Re-Enacted,
providing for recovery of overcharges paid by a tenant and in the
case of willful and intentional overcharges, recovery of double the
amount of overcharge, plus reasonable attorneys' fees; further pro-
viding a two-year period during which action may be brought to
recover overcharges.
11. SECTION 11 (with the exception of Section 11 E 2 ,
which is excluded from this ordinance) entitled Prohibitions is
hereby Re-Enacted, providing prohibitions against overcharging,
violating the Ordinance, disclosing information for personal bene-
fit of administrative personnel, making false statements or willful
omissions.
12 . SECTION 12 entitled Harassment is hereby Re-Enacted,
providing for prohibitions against harassment of tenants, and legal
remedies for such harassment.
13. SECTION 13 entitled Survivorship is not Re-Enacted,
but is deleted.
14 . SECTION 14 entitled Waiver is hereby Re-Enacted, pro-
viding that a tenant cannot waive Provisions of this Ordinance.
15. SECTION 15 entitled Decontrol is hereby Re-Enacted,
providing for decontrol of housing accommodations if the housing
emergency ceases to exist.
16. SECTION 16 entitled Penalty is hereby Re-Enacted,
providing for fines and/or imprisonment for willful violations
of this Ordinance.
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OFFICE OF THE CITY ATTORNEY 1130 WASHINGTON AVENUt - MIAMI BEACH, FLORIDA 33139
17. SECTION 17 entitled Remedies Saved is hereby Re-
Enacted, providing for survival of remedies after termination of
this Ordinance.
18. SECTION 18 entitled Conflicting Ordinances Repealed
is hereby Re-Enacted.
19. SECTION 19 entitled Severability is hereby Re-Enacted.
20. SECTION 20 entitled Effective Date and Duration is
not Re-Enacted, but is modified to provide that this Ordinance shall
go into effect immediately after the certification of the vote in
the referendum election, if said vote is favorable to re-enactment
of this Rent Stabilitzation Law, and shall terminate on December 31,
1978, unless extended or terminated by the Miami Beach City Council
prior to the said expiration dgte.
21. SECTION 21 entitled Emergency Measure is not Re-Enacted,
but is deleted.
22 . The Rent Moratorium Law, Ordinance No. 76-2083 , pro-
viding for a temporary moratorium on rent increases and prohibiting
rent-gouging is hereby repealed as being inconsistent with this
Ordinance and unnecessary; said repeal shall be effective on the
date this Ordinance (the Rent Stabilization Law) is re-enacted.
PASSED and ADOPTED this 20th day of April , 1977.
ayoAtMayor-
Attest:
test:
City Clerk
1st Reading - March 24, 1977
2nd Reading - April 20, 1977
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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