Ordinance 73-1978 ORDINANCE NO. 73-1978
AN ORDINANCE REPEALING EXISTING CHAPTER 17A OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
AND ADOPTING A NEW CHAPTER 17A OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
THE REGULATION OF RENTS OF HOUSING ACCOMMODATIONS;
DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING
SUCH REGULATION; IMPOSING A MAXIMUM OF RENT
CHARGEABLE FOR HOUSING ACCOMMODATIONS; FREEZING
RENTALS FOR HOUSING ACCOMMODATIONS AS OF OCTOBER
1, 1973; CREATING THE OFFICE OF RENT DIRECTOR;
AND SETTING FORTH HIS RIGHTS AND POWERS, INCLUDING
THE ADOPTION OF RULES AND REGULATIONS; THE ENTRY OF
ORDERS FIXING MAXIMUM RENTS; PROVIDING FOR STATUTORY
TENANCY; THE RECOVERY OF OVERCHARGES; PROVIDING-
PENALTIES ;
ROVIDING PENALTIES ; AND PROVIDING FOR THE ADOPTION HEREOF AS - -
AN EMERGENCY ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, :
FLORIDA: .
SECTION 1. - Declaration and Findings
(a) The Council of the City of Miami Beach finds that
a public emergency exists in the City caused by a shortage
of dwellings and resulting in speculative, unwarranted and
abnormal increases in rents; that unless residential rents -
and evictions are regulated and controlled, serious threats
will result to the public health, safety and general welfare - .-
of the citizens of Miami Beach; that to prevent such perils _
to the public health, safety and general welfare, preventive
action through enactment of local legislation by the Council -_
is imperative; that such action, as a temporary measure until.
it is determined that the emergency. no longer exists is
necessary to prevent exactions of unjust, unreasonable and
oppressive rents and to forestall profiteering, . speculatioa
and other disruptive practices; and that in order to prevent
uncertainty, hardship and dislocation, the provisions of
this ordinance are declared to be necessary to protect the
public health, safety and general welfare.
(b) Existing Chapter 17A of the Code of the City-of' . "
Mi,ami. Beach, Florida, is deleted and this Ordinance is.
'substituted therefor.
SECTION 2. - Short Title - • -
This ordinance shall be known and may be cited as the
Rent Law.
SECTION 3. - Definitions
Unless a different meaning clearly appears from the
context, the following terms shall mean and include:
(a) Administration - The Miami Beach Rent Control
Administration.
(b) Director -- The Director of the Miami Beach Rent
Control Administration. The Director shall be appointed by
the City Manager and shall receive a salary in accordance
with the prevailing salary structure under the Executive
Compensation Plan of the Unclassified Salary Ordinance No_
1605. The City Manager shall establish offices, purchase
supplies and equipment and authorize the Director to employ
07'," 07 err? ATTC3Wi.-.q 1730 10.45400.01T1741 BliG1►1%C i 33139
such personnel, subject to the approval of the City Manacer.,
as may be necessary for the performance of his functions
under this Ordinance. The Director shall submit a semi—
annual report to the City Manager for transmittal to the
City Council.
(c) Housing Accommodation - A residential unit in
any building containing three or more residential rental
units in 'which said units are occupied or intended to be
occupied by one or more individuals as a residence, home,
sleeping place, boarding house, hotel, motel, lodging
house, or rooming house, together with the landand build-
ings appurtenant thereto; and all services, privileges,
furnishings, furniture and facilities supplied in connection.
with the occupation thereof, including garage and parking
facilities. The term "housing accommodation" shall not
include: ••
•
(1) Dwelling units located in a structure -completed on or after October 1, 1973. Where an occupancy '. :
permit is required to be issued, there shall be a rebuttable - - .
presumption that completion is the date of issuance of the - .
permit. If no such •permit is required, completion •shall
• the date the housing accommodation is offered for rent in. _
habitable condition. -_ Y=_ r
(2) Dwelling units located in a boardinghouse; '.; :Y;_
hotel, motel, lodging house or rooming house- except where. ;..i
the occupants thereof, on the freeze date, have been. ---
occupying their housing accoamaodation under a -lease- whose_:
term is not less than one year, or have been in contiaaous 4- _' • -
occupancy for at least one year, or for which rent- has been
• paid for one continuous year. Upon vacancy, the unitno longer be subject to the provisions of this Ord;rance - _
(3) A hospital, convent, monastery, asylum, public
institution, college or school dormitory, or any* institutioa :.:_ _
operated exclusively for charitable or.educational purposes ,, - ''
• on a non-profit basis. -
(4) . Dwelling units subject to condominium or. -.
cooperative ownership.
(5) Public housing accoiamodatioas_ -
• (6) Housing accommodations resulting•fioa.+sub-:
• stantial demolition commencing on or after October 1;_ 1973, •
or where such work has been in progress on October 1, .1973.
Except where such work had been in progress•.prior to Octebrr-�. s-`
• .1,. 1973, if the building had been vacated by other than -
voluntary surrender of any or all of the housing accommodations
•
or the landlord had failed to comply with Section 5 of this
Ordinance or as the result of harassment, the resulting
newly created housing accemmmodations shall remain.n subject,toy 1 r
the provisions of this Ordinance and the rental for each '
- housing accommodation shall be established by the Director: :-«: •
(d) Freeze Date October 1, .1973.
(e) Freeze Date Maximum Rent -. The maximum lawful rent for
the use of housing accommodations, including any rental increase
which took effect on October 1, 1973, and the dwelling space •
and all essential services, furniture, furnishings and equipment
provided or required to be provided on the first- day of October,•:.-
1973, or, if never previously rented,, on the date of first -
renting after October 1, 1973. If an accoamtodation was vacant
on that date, the maxim= rent shall be the rent last collected.
No landlord shall be required to refund any rent _
collected prior to the effective date of this Ordinance
which may have been in excess of the maximum rent authorized
pursuant to this Ordinance.
(f) Rent -- Consideration, including any bonus, benefit
• or gratuity, demanded or received, for or in connection with,
the use or occupancy of housing accommodations_ -
-2- • _
•
L'*!►5,rrei ir►-1 ,••-IpeAiirmori * A`i9114t1-31.1-Na c>k, 1►-331 - :_ -
(g) Landlord - An owner, lessor, sublessor, assignee
or other person receiving or entitled to receive rent for
the use or occupancy of any housing accommodation or an agent
of any of the foregoing.
(h) Tenant - A tenant, subtenant, lessee, sublessee or
other person entitled to the possession, use or occupancy
of any housing accommodation.
SECTION 4. - General Powers and Duties of the Director
The Director may adopt, promulgate, amend or rescind
such rules, regulations, and orders as he may deem necessary
and proper to effectuate the purposes of this Ordinance_
(a) (1) The Director or any officer or agent desig-
nated by the Director, may administer oaths and affirmations
and may, whenever deemed necessary, by subpoena, require any
person to appear and testify, or to appear and produce
documents, or both, at any designated place. Any person
subpoenaed shall have the right to make a record of his
testimony and to be represented by counsel. In case of
contumacy or refusal to obey a subpoena served upon any
person, the Municipal Courtshall have jurisdiction to
issue an order requiring such person to appear and give - r
testimony or to appear and produce documents, or both, and
any failure to obey such order of the Court may be punished
by such Court as a contempt thereof. =
(2) The Director may require that all documentation
submitted to him be verified or affirmed by the party making i
such submission.
The Director shall establish, as necessary,
procedures for the service of papers, documents and other _
submissions upon the parties to a proceeding before the
Administration.
(3) The Director shall have the authority to seek
injunctive relief, when, in his judgement, such action is -
considered necessary to effectuate the purposes of this
Ordinance.
-(b) (1) The Director shall establish maximum rents
which shall be the rents in effect on October 1, 1973, or,
if the housing accommodation had been previously rented but -
was vacant on that date, the last rent collected.
(2) There shall be no restriction in the rental
to becharged for a housing accommodation rented for the
first time, provided that a registration statement is filed
with the Director within 30 days after such renting. All
subsequent rental adjustments for such housing accommodation
shall be subject to the provisions of this Ordinance.
(3) The Director may determine the maximum rent of
a housing accommodation including dwelling space, essential
services, furniture, furnishings or equipment, when such
maximum rent is in doubt.
(4) Each landlord shall, within forty-five C45)
days after adoption of this Ordinance, unless such time is
extended by the Director, file with the Director, on forms
prescribed by him, registration statements setting forth the
freeze date maximum rents, essential services and equipment
and such other data as the Director shall consider necessary
to effectuate the purposes of this Ordinance. •Failure to
timely file shall be considered willful violation of this
Ordinance and subject the landlord to a fine of Five Hundred
• -3-
s
°mat C» CTT/ arrow.....n, WA3ii110S10,4 2461601, PLD210.4 3333'1 _
Dollars ($500.00) for each housing!accomodati n for which
no registration statement is timely filed. In such case,
the Director shall establish the maximum rent as of October
1, 1973 or date of first renting, whichever is later, based
upon a comparability study of similar apartments and after
consideration of the equities involved. A registration
statement shall also be filed for each vacant apartment
which had been previously rented and upon renting, the _
landlord shall, within thirty (30) days after such renting,
notify the Director in writing of the rental being charged
and the name of the tenant. .
(c) (1) (i) At the expiration of an existing lease which
may have been in effect prior to October 1, 1973, a landlord
may receive a percentage increase over the maximum rent then
in effect in accordance with guidelines to be established by
the Director effective October 1 of each year, commencing
October 1, 1974. This increase is collectible as of October
1, 1974, or upon the expiration of a lease which may have .
been in effect on October 1, 1973, whichever is later.
(ii) Where a lease had been entered into prior to -• -
December 31, 1974, a landlord shall be permitted to collect
the guidelines increase, commencing October 1, 1974 and
succeeding October 1, until the expiration of the. lease
at which time the provisions of this paragraph, shall prevail. ,==
(iii) No subsequent automatic increase may be
collected sooner than upon the expiration .of twelve . (12) �=' "= _-_ `_ '-
months after commencement of the prior such automatic increase.
(2) (i) Except as hereinafter provided, no rental. -increase above the freeze date maximum rent shall be permitted .-
prior to October 1, 1974. Occupancy of a previously rented
housing accommodation by a new tenant between October 1, 1973_
and September 30, 1974 shall be at the freeze date maxi
rent. Any lease entered into on or after January 1,.; 1974 and
effective between January-1, 1974 and September 30, 1974 must
contain a clause providing for the guidelines increase effec-
tive October -1, 1974 and each subsequent October 1 for the
term of the lease, in order for such increase to be. collectible.. -
(ii) No increase granted pursuant to Section 4(c)
(4(iv) (major capital improvement and substantial rehabi1ita-.
tion) shall be collectible where 'a lease entered into on or- r
after..January 1, 1974 fails to include a clause providing for'
such increase. Such clause must make specific reference to
the particular major capital improvement or substantial
rehabilitation and such work must be in progress at the time =
the lease is entered into. However, no such clause shall be
required to collect such increase where a lease had been '
entered into between October 1, 1973 and December 31, 1973 or,'
if entered into prior to October 1, 1973, was effective on
or after October 1, 1973.
(iii) No increase granted pursuant to Section 4(c)
(4)(v) (fair return) shall be collectible where . a lease entered
into on or after January 1, 1974 fails toinclude a clause
providing for such increase. No such clause shall be required
to collect such increase where a lease had been entered into -
between October 1, 1973 and December 31, 1973 or, if entered into
prior to October 1, 1973, was effective on or after October 1,
1973.
-4- • -
OTT!!! OP.C1TT WA * WAGS.34,01PIM 33131P,
(3) In establishing the guidelines, the Director
may consider:
(i) The economic condition of the residential real
estate industry in Miami Beach and, if warranted, in adjacent
areas, including such factors as the prevailing and projected
(a) real estate taxes and water and sewer rates; (b) gross
operating and maintenance costs (including but not limited
to insurance rates, utility and labor costs) ; (c) costs and
availability of financing (including effective rates of
interest) ; and (d) overall supply of housing accommodations
and overall vacancy rates.
(ii) Relevant data from the current and projected
cost of living indices.
(iii) Other relevant data which may be available to
the Director.
If it is determined by the Director, upon application
by thetenants within thirty (30) days after establishment of
the guidelines, that essential building-wide services are - - r
not being substantially maintained, such percentage increases - r
to the building shall be revoked effective as of the October 1
date preceding such revocation. The landlord shall be required '
to refund to the tenants, within thirty (30) days from: the date
of revocation, the cumulative amount of the collected increased
rentals exceeding the maximum rents in effect as of the preceding
September 30. The landlord shall not be premitted to obt-min
restoration of the guidelines increase until proof of restor-
ation of services is submitted to the Director and verified_
No subsequent guidelines increase shall be permitted until
twelve (12) months after the effective date of the order
restoring the increases.
(4) Adjustments may be granted upon application at - �
any subject to the approval of the Director, where:
(1) It is established that unique or peculiar
circumstances existed which resulted in a freeze date maximum
rent substantially lower or higher':than the: rents generally
prevailing in the same area for substantially similar housing_
accommodations. .
(ii) The landlord and tenant, by mutual voluntary
written agreement, consent to an increase or decrease in
dwelling space or a change in the services, furniture, fur- - _ _
nishings or equipment provided to the housing .accommodation.
(iii) Improvements are provided to the overall build-tug,
as distinguishedfrom the individual units, upon the express
written consent of fifty-one percent (51%) of the tenants
in occupancy as of the date of filing the application for -
such increase.
(iv) There has been a major capital improvement
required for the operation, preservation or maintenance of
the structure, or substantial rehabilitation to the premises,
completed on or after October 1, 1973. The consent of the
tenants will not be prerequisite to obtaining increases under
- this paragraph. However, no increases will be granted unless
essential services are substantially being maintained on the
date of issuance of the orders granting the increases_
_5_
WW1 00 C7T ATfII2}Nrf-1130 viA53/0144610,1 A`Pf —AALUAI ?1aC4, ROaoa 33131 _
(v) It is established that the earned income
from the property (which, after October 1, 1974 shall include
the increases resulting from the guidelines established by
the Director) does not result in a net annual return of -
6% of the assessed valuation of the property in effect as
of October 1, 1973. For the purposes of this paragraph,
net annual return shall be the amount by which the earned
income exceeds the operating expenses of the property,
excluding mortgage interest, amortization, depreciation - -and debt service. No such increase shall be granted where
there is pending without final disposition a proceeding to -
correct the determination of the Tax Assessor with respect -
to the assessed valuation of such property_ Only one appli- _
cation may be filed under this paragraph in any twelve-month
period and any increase granted shall not be effective sooner.than the expiration of twelve months after the granting of
a prior increase under this paragraph. In no event shall
any increase granted under this paragraph for any housing -
accommodation exceed 5% of the rental in effect on the date_
of filing the application under this paragraph, nor shall
the total increase granted to any housing accommodation in
any twelve (12)- month period under the annual guidelines and:
this paragraph, combined, exceed 7% of the maximum rent in
• effect as of the October 1st preceding, except that i-h{�
limitation may be waived where a greater increase is necessary.yy
to make the earnedincome of the property equal its operating
expenses. No increases shall be granted under this paragraph =_
unless essential services are substantially being
on the date of issuance of the orders granting the increases- ---:,..:
nor shall any increases be granted where the landlord had •_ y' -
been denied the guidelines increase based upon the
to substantially maintain essential services, and no orders. X ~
of restoration have been issued.
(5) The Director, upon application of a tenant or
tenants, or upon his own volition, may reduce a maximum rent.
or rents upon a finding that there has been a reduction in =:- __-
dwelling space, essential services, furniture, furnishings
or equipment. • _ -
SECTION 5. - Evictions. :'. -
So long as the tenant continuesto pay the
to which the landlord is entitled, no action or proceeding' to
recover possession of any housing accommodation shall be -
maintainable by any landlord against any tenant notwithstanding
that the tenant has no lease or that his lease has expired
and notwithstanding any contract, lease agreement or .obli-
gation heretofore or. hereafter entered into which provides for'
surrender of possession, except on the following ground:
• . V (a) An action or proceeding to recover possession'of any housing accommodation shall be maintainable in a court of competent jurisdiction when: - -
(1) The tenant has refused or failed to pay the -
maximum rent except that if such refusal isinaccord with - -
other State of Local statutes designed to protect the tenant, -
such statutes may be raised as a defense. -
(2) The tenant is committing or permitting a
nuisance in the housing accommodation. V
(3) There is intentional or persistent neglect,
damage or injury by the tenant to the property of the landlord.
-6- V
a irro o►•c rr X�re+a•w_iib ',0.4.040.14.010* AVr„M,.__U11114 3•11u►c1 C:*ea 31
(4) There are disorderly or disturbing noises
or conduct on the part of the tenant that destroy the peace
and tranquility of the landlord, other tenants, or persons
living in or about the neighborhood.
(5) The tenant is violating a substantial obli-
gation of his tenancy.
•
(6) The tenant is using the housing accommodation
for an immoral or illegal purpose. -
(7) The tenant has unreasonably refused access to
the landlord for the purpose of making necessary repairs or
improvements or for the purpose of showing the housing accom-
modation to a person with a legitimate interest therein„ unless
such refusal is contrary to the provisions of the tenant's _
lease or other agreement.
(b) No tenant. may be evicted for the reasons here- .-_
inafter set forth unless, upon application by the landlord, _=
the Director shallissue an order granting a certificate of
eviction permitting the landlord to pursue his remedies at = r#
law. . For the purpose of this paragraph, good faith is defined. .
as meaning that the landlord will utilize the housing acrom- f
modations for the purposes stated in his application.' An
order granting a certificate of eviction shall be issued•when
it is found that: . - -
(1) The owner seeks, in good faith, to recover _ -
possession of the housing accommodation for his own use and
. occupancy. -
(2) The landlord seeks, in good faith to substaa--- `. ;•.:
tially demolish the building for the purpose of' constructing _ -
a new residential building containing at least 25% additional ':-=
housing accommodations.. Such new structure may contain business _ .-
and commercial units on the ground floor only, so long as there
• • is compliance with governmental zoning requirements.. They_:
Director shall, by regulation, as a condition to granting
certificates of eviction under this provision, re:uire the
relocation of tenants in other suitable accommodations except -.II.... =_
--where the Director finds that exemption from such relocation
will not result in hardship to a tenant or class of tenants.
Costs of relocation, including moving expenses, sh!lbe borne by the landlord. Final approval of the suitability of the
• relocated housing accommodation shall be made by the Director.' '-: - _-
(3) The Director may issue orders .granting- cer—
tificates of eviction in other cases if the requested removal'..
or eviction is not inconsistent with the purposes of the Rent :_
Law. In such cases, the Director shall impose.- such terms and
conditions as he deems appropriate.
(4) (i) All orders granting certificates of eviction •
• shall contain a stay of 90 days from the date of issuance,
prior to which no proceeding may be commenced in court for
the removal of the occupant.
(ii) Should the landlord fail to utilize the
premises for the purpose sought within 30 days after removal -
of the tenant pursuant to an order granting a certificate of
eviction under paragraph (1) of this section or within 90
days after the vacating of the last tenant under paragraph (2)
of this section, he shall be liable to each tenant for three -
times the damages sustained on account of such tenant's removal,
-7- -
- -0'_+T}TC3Tf ATTO /y—11 o S a 3a41+44570f1 AWINI aI_]uk..1N AtC,11.1 RCIMM►
•
reasonable attorney's fees and court costs. Damages shall.
include the cost of moving and the difference in rent bet-
ween
etween that rental which- the tenant had been paying prior to
removal and the rental paid upon occupancy after removal,
and such differential shall be computed for a two year
period. The landlord shall also be subject to -the aenalties
set forth in section 12 of this Ordinance.
(c) Notwithstanding the. provisions of this section, _
the united States, the State of Florida or any agency or
political subdivision thereof may maintain an action or _
proceeding to recover possession of any housing accv�oda-- _ . __
tion operated by it where such action or proceeding is -
authorized by the statute or regulation under which such - - .-
accommodations are administered: • . _
SECTION 6. - Effective date of rent adjustments.
Any rent adjustment other than that prescribed
Section 4 (c) (1) of this ordinance, shall be effective as . -
of the first day of the month following the issuancia of the - ; _
detemainati= by the Director.
SECTION 7. - Hearings. -
Parties to a proceeding shall submit virittert decrx•" f4 _
mentation to support their positions. Oral hearings aha3.l. - - ;
not berequired and shallonly be held in the dis=etiast -
the Director. - ="
SECTION S. - Judicial review.
A party* aggrieved by a regulation or a -9 n=Z
m�r�tioa issued by the Director may seek judicial review-of
such regulation or final detsa-r?"-trlation of the Director br ;
way of certiorari to the Circuit Court with-Ill thirty (30}-
days
301 days from .the date of issuance of the Director's regulat` -
or dete r'F' tion. .
• SECTIOg 9. 2dodification of Deterrn�natic -'- x
The Director, prior to ccncement of a pratee ing
judicial review, and prior to the execution of a war at is i
a summary proceeding to recover possession of real pro- -_ . -
may revoke, modify or supersede any det atioa issued.
-it is. found that such determination was the. result of
illegality or irregularity in vital matters.
SECTION 10. - Prohibitions t
(a) It shall, be unlawful, regardless- of any contract, -
lease or other obligation heretofore or hereafter entered - _ -
into, for any person to demand or receive any rent for any- -
housing accommodation. in excess of the maximum rent or other-- .
wise to do or omit to •do any act in violation of any regulation,
order or requirement of the Director under this Ordinance or-
to
rto offer, solicit, attempt or agree to do any of the foregoing_
( 3) It shall be unlawful for any officer or employes of ti", -
Administration or for any official adviser or consultant to the
Director to disclose, other--than in the course of official
duty, any information obtained under this Ordinance or to use-
any
seany such information for personal benefit_ -
(c) It shall be unlawful for any person willfully- to make
any statement or entry false in any material respect in any
document or report submitted in any proceeding before the -
Administration or required to be kept or filed under this
Ordinance or regulation, order, or requirement thereunder, or-
to willfully omit or neglect to make any material statement or-
entry
rentry required to be made in any such document or report_
8
-. .13=.0.-Z ay-,...a+ `� "Ni.1C>t. ?L.:1•+a a 1
(d) " Where an order granting a Certificate of Eviction has
been issued, it shall be unlawful for a landlord or a successor
in interest to use housing accommodations on the site on which
same are located for any purposes other than those specified
-
in the Certificate of Eviction.
SECTION 11. - Harassment •
(a) It shall be unlawful for any person, with intent to
cause any tenant to vacate housing accommodations, to engage
in any course of conduct, including, but not limited to inter-
ruption or discontinuance of essential services, which inter-
feres with or disturbs the comfort, repose, peace or quiet of
such tenant in his use or occupancy of his housing accommodation_
(b) It shall be unlawful for any person to remove or attempt
to remove a tenant from his housing accommodation because such
tenant has taken, or proposes to take, action authorized or
required by this Ordinance or any existing building, housing .
and health codes.
•
(c) If it is found by the Director that a tenant has -
vacated his housing accommodation as the result of actions which
are in violation of paragraphs (a) and (b) of this Section, the
tenant shall be permitted to recover in an action at law three i; _
times the damages incurred as well as reasonable attorney's -. ?
fees and court costs. Damages shall include the costs of moving
and the differential in rent between that rental which. the tenant
had been paying prior to vacating and the new rental paid, the ,;
differential to be computed for a two-year period- Such action =_
must be commenced within two{:-(2) years from the date of. the
Director's findings.
SECTION 12. - Enforcement _
Any person who willfully violates any provision of this . =
Ordinance shall, upon his conviction of a first violation, be -_
subject to a fine not to exceed five hundred dollars .($500.00) ;-
and
=and for each subsequent offense, shall be subject, upon his
conviction, to a find up to five hundred dollars ($500.00) and/oar imprisonment for a period not to exceed sixty (60) days.'• : _
SECTION 13. Overcharges An action may be brought by a tenant against his land.lord ` t
in any court of competent jurisdiction to recover rentals ° -
collected by the landlord in excess of the maximum rent_ The
landlord shall also be liable for reasonable attorney's fees and_`
court costs. Damages not to exceed three times the amount of
the overcharges may be recovered by the tenant if the Court finds - ':_
that the overcharges were willfull. An action for overcharges
must be commenced within two years of payment of the last over-
charge and, if commenced timely, the landlord shall be liable
for all overcharges collected prior to the commencement of the
action. _
SECTION 14. - Survivorship -
In the event of the death of a tenant, the rightsof such
deceased tenant shall inure to the surviving spouse or other-
person
therperson then in occupancy.
SECTION 15. - Waiver
Waiver of the provisions of this Ordinance by the tenant
shall be unenforceable and void.
- 9 =--- - -
n�+►r� -4 C-'TT 11-ra++++7 _ll>ea Vol WIT C?► ANP#1. .. 3 . '/021047► 33)3 R
SECTION 16 . - Decontrol
Whenever the Director shall find that an emergency no
longer exists with respect to all or any particular class of
housing accommodations, he shall recommend to the City Council
that the controls imposed on rents and evictions pursuant to
this Ordinance should be scheduled for orderly decontrol with due
regard to preventing uncertainty, hardship and dislocation. The
City Council may only issue such order after the holding of a
public hearing at which interested persons are given a reasonable
opportunity to be heard.
SECTION 17. - Duration
This Ordinance shall remain in effect until September 30, 1975,
unless extended by the Council .
SECTION 18. - Severability
If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is declared invalid by the
final decree of a court of competent jurisdiction, such invalidity
shall not affect any other provision or application of this
Ordinance, it being the intent of the City Council that the
provisions of this Ordinance shall be deemed severable.
SECTION 19. - All Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 20. - This Ordinance shall take effect as of the first day
of January, 1974 .
SECTION 21. - That the City Council of the City of Miami Beach,
Florida, having found and determined that a public
emergency exists affecting life, health, property or public safety,
this Ordinance is hereby adopted as an emergency measure.
. PASSED AND ADOPTED THIS 31st day of December , 1973
I /
(2 ).\\/M r
Attest:
>)( 4G6{/k
City Clerk
POSTED - December 31 , 1973
- 10 -
:ma OP CITY AMINO'-..113o WA3filNGTO?I AVON.—.Ai1A3ii MAO4, ROMA 33139
f
STATE OF FLORIDA
COUNTY OF DADE:
I , ELAINE MATTHEWS, City Clerk, in and for the City of Miami Beach,
Florida, do hereby certify that Ordinance No. 73-1978 entitled:
AN ORDINANCE REPEALING EXISTING CHAPTER 17A OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AND ADOPTING A NEW CHAPTER 17A OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR THE REGULATION OF RENTS OF
HOUSING ACCOMMODATIONS ; DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING
SUCH REGULATION; IMPOSING A MAXIMUM OF RENT CHARGEABLE FOR HOUSING ACCOM-
MODATIONS ; FREEZING RENTALS FOR HOUSING ACCOMMODATIONS AS OF OCTOBER 1 ,
1973; CREATING THE OFFICE OF RENT DIRECTOR; AND SETTING FORTH HIS RIGHTS
AND POWERS, INCLUDING THE ADOPTION OF RULES AND REGULATIONS; THE ENTRY OF
ORDERS FIXING MAXIMUM RENTS ; PROVIDING FOR STATUTORY TENANCY; THE RECOVERY
OF OVERCHARGES; PROVIDING PENALTIES; AND PROVIDING FOR THE ADOPTION
HEREOF AS AN EMERGENCY ORDINANCE.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me at the door of the City Hall
in said City on the 31st day of December , 1973,
and that said Ordinance remained posted for a period of at least thirty
days in accordance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
official seal of the City of Miami Beach, Florida, on this the
6th day of February , 1974.
City Clerk
i
•
cn
C
4 U
to C
N
x 3 C)
(1) N L-
C
C N
CO al E
N• C c)W
6l - C
- i
I (U 4-1
M N
J I� Q 0 N
Q N -0 "0
• CC (0 0
— O L)
C7 Z I -o
I C
tY W (0 0
O U .J
Z O Q
Q ^
--
-
CZ) p L L
c () N N L
O +-1 + 3
H Q Cl N
Z (0 (0 (0
W t t a)
d' L) L) Z