Ordinance 77-2094 (Extending Rent increase Moratorium)
ORDINANCE NO. 77-2094
AN ORDINANCE AMENDING SECTION 1 (A) AND
SECTION 1 (B) OF ORDINANCE NO. 76-2083, AND
PROVIDING FOR ITS ADOPTION AS AN EMERGENCY
MEASURE.
WHEREAS, the Council of the City of Miami Beach,
Florida, makes the following findings of fact which, when con-
sidered 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 difficult to measure with precision
because business and governmgntal 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,
consisting 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 condominium 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 project 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 rela-
tively low, fixed, investment or retirement incomes. Approx-
imately 80 percent of the citizens of Miami Beach rent apartments.
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 Consumer 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 elsewhere; 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, granting legislative and charter authority to the
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OFFICE OF THE CITY ATTORNEY -- 1130 WASHINGTON AVENUE � MIAMI BEACH, FLORIDA 33139
municipalities of the State of Florida, which authority has
been held to include the authority 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
effectively 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 substantial threat to the public health,
safety and general welfare of the citizens of Miami Beach,
Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That that portion of Section 1 (A) of Ordinance
No. 76-2083 reading as follows :
" (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 . "
be and the same is hereby amended to read as follows :
" (A) That upon the expiration date of this
ordinance, a rent moratorium shall go into
effect, to continue up to and including
June 15, 1977 . "
SECTION 2: That that portion of Section 1 (B) of Ordinance
No. 76-2083 reading as follows :
"and ending April 30, 1977"
be and the same is hereby amended to read as follows :
"and ending June 15, 1977"
SECTION 3 : All ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 4 : This ordinance is adopted as an emergency measure,
pursuant to Section 9 of the City' s Charter, to meet
a public emergency affecting the life, health, property, and
public safety, and shall be effective immediately.
PASSED and ADOPTED this 20th day of April, 1977 .
ayor
Attest:
L )2(L uc
City Clerk
Passed and Adopted as an emergency measure - April 20, 1977
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE -�MIAMI BEACH, FLORIDA 33139
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