Ordinance 74-2018 ORDINANCE NO. 74-2018
AN ORDINANCE REPEALING EXISTING CHAPTER 17A
OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, 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 ; FREEZING RENTALS
FOR HOUSING ACCOMMODATIONS AS OF OCTOBER
16, 1974; 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 AND ADJUSTING RENTS ;
PROVIDING FOR STATUTORY TENANCY; THE
RECOVERY OF OVERCHARGES ; PROVIDING PENALTIES;
CREATING THE RENT STABILIZATION ADVISORY
COMMITTEE; EXEMPTING CERTAIN HOUSING
ACCOMMODATIONS ; PROVIDING FOR THE SURVIVOR-
SHIP OF CLAIMS ; 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 PROVIDING FOR THE ADOPTION HEREOF AS AN
EMERGENCY ORDINANCE .
WHEREAS, the Florida Supreme Court has held the exist-
ing Chapter 17A of the Code of the City of Miami Beach to be void
and invalid for lack of legislative or charter authority to
enact the same, and the legislature of the State of Florida
having at its 1973 Session duly enacted Chapter 73-129 granting
such legislative and charter authority to the municipalities of
the State of Florida which authority has been held to include
the authority to enact rent control legislation; and
WHEREAS, a grave and serious public emergency exists
with respect to the housing of a substantial number of citizens
of Miami Beach; and
WHEREAS, the deterioration and demolition of existing
housing; an insufficient supply of new housing; the inhibition
upon the construction of new housing resulting from the operation
of the Florida Pollution Control Act, other environmental pro-
tection laws, and an insufficient supply of financing; and the
existing economic inflationary spiral have resulted in a substan-
tial and critical shortage of safe, decent and reasonably priced
housing accommodations as evidenced by the low vacancy rates
prevailing in the City; and
WHEREAS, this 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 pressures therefrom will produce a serious 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, that existing Chapter 17A of
the Code of the City of Miami Beach, Florida, is deleted and
the following substituted therefor :
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 1. Short Title.
This Ordinance shall be known and may be cited as the
Rent Stabilization Law.
SECTION 2 . Definitions.
Unless a different meaning clearly appears from the
context, the following terms shall mean and include :
A. Administration - The Miami Beach Rent Control Adminis-
tration.
B. Director - There is hereby created the office of the
Director of the Miami Beach Rent Control Administra-
tion. The Director shall be appointed by the City Manager and
shall receive a salary in accordance with the prevailing salary
structure provided to department heads in the unclassified
service of the City. The City Manager shall establish offices,
purchase supplies and equipment and authorize the Director to
employ such personnel, including legal counsel, subject to the
approval of the City Manager, 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, which report shall include the
Director ' s recommendations, if any, relating to the amendment of
this Ordinance, and his findings and recommendations as to the
continued existence or termination of grave and serious emergency
conditions with respect to the various classes of the private
rental housing market.
C. Advisory Committee - An Advisory Committee is hereby
created to consist of no less than seven members. The
membership of the Board shall consist of two (2) landlords, two
(2) tenants and three (3) homeowners representing the general
public. Each member of the Committee shall be appointed by a
majority vote of the City Council. The members of such committee
shall hold office for a term of one (1) year, and shall serve
without compensation. The Advisory Committee shall consider
recommendations for proposed changes of this Ordinance upon their
own initiative and such recommendations as may be submitted by
organizations, associations and civic groups concerned with rent
control and housing conditions. The Committee shall not consider
individual cases, but merely general recommendations in preparing
its report to the City Council. Any and all recommendations for
amendments of this Ordinance and the Committee ' s opinion and
advice upon these recommendations shall be reported to the City
Council at least once in every four-month period. A copy of
the recommendations and committee ' s opinions shall be served
upon the Rent Director prior to consideration by the City Council.
D. 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, together with the
land and buildings appurtenant thereto; and all services, privi-
leges, furnishings, furniture and facilities supplied in connec-
tion with the occupation thereof, including garage and parking
facilities . The term "housing accommodation" shall not include :
(1) Dwelling units located in a structure completed
or substantially rehabilitated or newly converted
on or after October 16, 1974. 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 be the date the
housing accommodation is offered for rent in habitable condition.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 •
(2) Dwelling units located in a boarding house, hotel,
motel, lodginghouse or rooming house except where
the occupants thereof, on the freeze date, had been occupying
their housing accommodation under a lease whose term is not less
than one year, or have been in continuous occupancy for at least
one year, or for which rent has been paid for one continuous year.
Upon vacancy, the unit shall no longer be subject to the provi-
sions of this Ordinance; for the purpose of this Ordinance, a
rooming house is hereby defined as being any building containing
not more than ten (10) rooms intended to be used, and used, rented
or occupied for sleeping purposes by transient guests only.
(3) Dormitories operated by any hospital, convent,
monastery, asylum, public institution, educational
institution, or any institution operated exclusively for chari-
table or educational purposes on a non-profit basis.
(4) Dwelling units subject to condominium or coopera-
tive ownership; unless three or more of said units
are owned by an individual for the purpose of renting on a yearly
basis.
(5) Public housing accommodations.
(6) Dwelling units customarily rented on a seasonal
basis where : (1) the dwelling unit is rented only
for a short seasonal period at a seasonal rental; or where (2) in
addition to being rented for a short seasonal period at a seasonal
rental, it is also rented for the remainder of the year or a part
thereof to a tenant or tenants other than the tenant or tenants
who had rented for the seasonal period, at a rental substantially
lower than the seasonal rental. To qualify under this paragraph,
the housing accommodation must have been rented on a seasonal
basis for a period of time between October 16, 1973 and October 15,
1974. Exclusion from control under this Ordinance shall not apply
to any housing accommodation where on October 16, 1974, the occu-
pants thereof had been occupying their housing accommodation under
a lease whose term is not less than one year, have been in con-
tinuous occupancy for one year, or for which rent has been paid
for one continuous year, regardless of the method or amount of
rent payment which had been agreed upon by the landlord and the
tenant.
The dwelling unit shall not come within the defini-
tion of "housing accommodation" only so long as it shall continue
to be rented on a seasonal basis. Upon termination of such rental
practice, the maximum rent shall be established on a monthly
basis by the Director based upon the maximum rent for comparable
accommodations with consideration given to the factors provided
in Section 5 (D) . The seasonal renting period shall be the period
of the winter season, a period not exceeding six (6) months and
generally including the months of December, January, February
and March.
E. Freeze Date - October 16, 1974 is hereby declared to be
the date upon which maximum rent ceilings and minimum
service standards shall be determined as described below.
F. Freeze Date Maximum Rent - Subject to such adjustments
as may be made pursuant to Sections 4 and 5, maximum
rent ceilings and minimum service standards for housing accommo-
dations in the City shall be the following :
(1) For housing accommodations rented on October 16,
1974, the rent and services to which the landlord
and tenant were entitled on that date.
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(2 ) For housing accommodations not rented on October
16, 1974, but which had been rented within the
year ending on that date, the rent and services to which the
landlord and tenant were last entitled within such year.
(3) For housing accommodations not rented on October
16, 1974, or within the year ending on that date,
the rent and services first agreed upon.
G. Immediate Family - Parents, step-parents, children, or
step-children of either spouse.
H. Rent - The consideration including any bonus , benefits
or gratuity demanded or received for or in connection
with the use or occupancy of rental units or the transfer of a
lease of such rental units .
I . Services - Repairs, replacement, maintenance, painting,
providing light, heat, hot and cold water, electric
services , window shades and screens , storage, kitchen, bath and
laundry facilities and privileges , janitor services , refuse
removal, furnishing, parking, and any other benefit, privilege
or facility connected with the use or occupancy of any rental
unit. Services to a rental unit shall include a proportionate
part of services provided to common facilities of the building
in which the rental unit is contained.
J. Minimum Service Standards - Those services which were
provided on October 16, 1974.
SECTION 3 . Maximum Rent Ceiling - Minimum Service Standards .
It shall be unlawful, regardless of any agreement,
lease, or other obligation heretofore or hereafter entered
into for any person to demand or receive any rent for housing
accommodations in excess of the maximum rent ceiling, or refuse
to supply any service required by the minimum service standards ,
or otherwise to do or omit to do any act in violation of any
provision of this chapter or of any regulation, order, or other
requirement thereunder, or to offer or agree to do any of the
foregoing.
SECTION 4 . General Powers and Duties of the Director .
A. (1) 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 he may by regulation or order increase
or decrease the maximum rent ceiling or minimum service standard,
or both, for such accommodations thereof in such manner or amount
as will compensate for such general increase or decrease so as
to provide a fair return to the landlord and a fair rental to the
tenant. Thereupon, such adjusted ceiling or standard shall be
the maximum rent ceiling or minimum service standard for the
housing accommodations subject thereto. Before promulgating any
regulation or making any determination under this Section, the
Director shall hold a public hearing at which all interested
parties shall be heard. The Director shall cause all interested
parties to be notified either by mail or publication in a news-
paper of general circulation in the community at least fourteen
(14) days prior to the date of hearing. Such notice shall contain
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
a statement of time, place and nature of the hearing, and contain
a short and plain statement of the matters to be considered at the
hearing; if the Rent Director is unable to state the matters in
sufficient detail at the time initial notice is given, the notice
may be limited to a statement of the issues involved and there-
after, upon timely written application, a more definite and
detailed statement shall be furnished not less than three (3)
days prior to the date set for the hearing.
(2) The Director shall have the authority to promul-
gate such regulations as he deems necessary to
carry out the intent of this Ordinance; but no such regulation
shall be promulgated or enforced without first having held a
public hearing as provided in this Ordinance.
(3) The Director or any officer or agent designated
by the Director, may administer oaths and affir-
mations 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, may require persons
to permit the inspection and copying of documents, and the
inspection of housing accommodations; and may by regulation or
order, require the making and keeping of records and other
documents . Any person subpoenaed shall have the right to make
a record of his testimony and to be represented by counsel. In
case of refusal to obey a subpoena served upon any person, upon
application of the Director, the Municipal Court shall have •
jurisdiction to issue an order requiring such person to appear
and give 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.
(4) Parties to a proceeding pursuant to Section 5
shall submit written documentation to support
their positions, and the Director may require further documen-
tation as he deems necessary. The Director may require that
submissions be verified or affirmed by the submitting parties,
where the authenticity of the submissions is in question.
Any party or person involved in any proceeding
before the Director shall have the right to be represented by
counsel. The Director may consolidate proceedings involving the
same units, structures or parties or where the issues involved
are substantially the same.
(5) The Director shall have the authority to seek
injunctive relief, when such action is considered
necessary to effectuate the purposes of this Ordinance.
(6) The Director may issue a prior opinion in response
to a written request from a landlord as to whether
certain contemplated actions would constitute a violation of the
Ordinance.
B . Each landlord shall, within sixty (60) 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, current taxes assessed,
gross rent rolls on freeze date, and such other data as the
Director shall consider necessary to effectuate the purposes of
this Ordinance. Failure to timely file shall be considered a
willful violation of this Ordinance and subject the landlord to
a fine of Five Hundred (500) Dollars for each housing accommoda-
tion for which no registration statement is timely filed. In
such case, the Director shall establish the maximum rent as of
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
October 16, 1974, or date of first renting, whichever is later,
based upon a comparability study of similar apartments and after
consideration of the factors provided in Section 5 (D) . A regis-
tration 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. No application for an increase in the maximum rent
shall be accepted by the Director until registration statements
have been filed.
SECTION 5. Rent Adjustments.
A. Any landlord may petition the Director to adjust the
maximum rent ceiling or minimum service standards
applicable to his housing accommodations where :
(1) The landlord and tenant, by mutual voluntary
written agreement, consent to an increase or de-
crease in dwelling space or a change in the services, furniture,
furnishings or equipment provided to the housing accommodations;
or '
(2) There has been a major capital improvement, com-
pleted on orlafter October 16, 1974, or within
one year prior to the effective date of this Ordinance; or
(3) There has been a substantial improvement including
furniture and furnishings or alteration made since
October 16, 1974.
B. The Director shall presume that rents for housing accom-
modations in the City in effect on October 16, 1974,
were established at levels which yielded to owners a fair rate of
return for such units; but upon petition by the landlord, the
Director shall grant increases in rents if he finds that :
(1) It is established that unique or peculiar circum-
stances existed which resulted in a freeze date
maximum rent substantially lower than the rents generally pre-
vailing in the same area for substantially similar housing
accommodations; or
(2) There has been a substantial rise in operating
expenses; or
(3) The rental income from the housing accommodations
is insufficient to enable the landlord to maintain
approximately the same ratio between operating expenses allocable
to the housing accommodations and the gross rent received from
those accommodations which prevailed on October 16, 1974; or
(4) That due to some factor or factors which are
specifically stated by the landlord in his petition,
including the inability of the landlord to meet his mortgage pay-
ments and maintenance, the landlord is unable to receive a fair
rate of return and such factors are not reasonably within the
control of the landlord.
C. Any tenant may petition the Director to adjust the maxi-
mum rent ceiling or minimum service standards applicable
to his housing accommodations where :
(1) Due to peculiar circumstances affecting such accom-
modations, the maximum rent ceiling is substantially
higher than that generally prevailing for comparable housing
accommodations; or
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139 •
(2) The service supplied is less than that established
by the minimum service standard for the housing
accommodations ; or
(3) The maximum rent ceiling permits the receipt of
unduly high rent when compared to the prevailing
maximum rent ceiling of similar housing accommodations providing
similar services .
D. In entering any order pursuant to Sections 5 (B) or 5 (C)
determining a fair rate of return or fair rent, the Rent
Director shall consider, among other things, the fair market value
of the property at the time of entering such order. He may
consider original cost, as well as cost of reproduction and may
also consider rental value. He shall also consider the gross
rentals received by the landlord, expenses including taxes, in-
surance, janitorial services, repairs, utilities, if any, and
annual charges for mortgage interest and amortization . In no
event shall the Director enter any order which will result in
confiscation of the landlord ' s property or deprive him of a
reasonable return on the value of his property, nor, in any event,
shall such order fix a rental rate which will yield a rate of
return less than the rate of return generally obtained in the
City as a return upon capital invested in housing accommodations
in the City.
E. Any tenant may petition the Director on the grounds that
the service supplied to him is less than the service
established by the minimum service standardfor his housing ac-
commodations ; whereupon the Director may order that the service
be maintained at such minimum service standard, or that the
maximum rent ceiling be decreased to compensate for a reduction
in service, as he deems necessary or appropriate to carry out
the purposes of this Section .
F. Any landlord may petition the Director for permission
to reduce the service supplied by him in connection
with any housing accommodations ; whereupon the Director, if he
determines that the reduction of such service is to be made in
good faith for valid purposes of this section , may by order,
reduce the minimum service standard applicable to such housing
accommodations and adjust the maximum rent ceiling downward in
such amount as he deems proper to compensate therefor.
G. Any tenant may petition the Director to adjust the maxi-
mum rent ceiling applicable to his housing accommoda-
tions on the ground that such maximum rent ceiling permits the
receipt of an unduly high rent; whereupon the Director may, by
order, adjust such maximum rent ceiling in such manner or
amount as shall effectuate the purposes of this chapter and
provide a fair and reasonable rent for such housing accommodations ,
but not less than the amount required to provide a fair return to
the landlord and not less than the generally prevailing rate for
comparable housing accommodations .
H. A petition made pursuant to this Section shall be subject
to the provisions of Section 8 of this Ordinance. Any
adjusted maximum rent ceiling or minimum service standard entered
pursuant to this Section shall be the maximum rent ceiling or
minimum service standard for the housing accommodations subject
thereto; except that, in the event that the adjustment order is
stayed or set aside by the court in accordance with Section 8 of
this Ordinance, the maximum rent ceiling and minimum service
standard theretofore applicable to such housing accommodations
under this Ordinance remain in full force and effect.
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
I . Any rent adjustment shall be effective as of the first
day of the month following the issuance of the deter-
mination by the Director. However, no rental increase is
collectible during the term of any lease unless such lease
specifically provides for such increase.
J. No petition pursuant to Sections (A) and (B) above shall
be granted unless the landlord is substantially maintain-
ing the minimum service standards applicable to his housing
accommodations.
SECTION 6. Modification of Determination.
The Director, prior to commencement of a proceeding
for judicial review, and prior to the execution of a warrant in
a summary proceeding to recover possession of real property,
may revoke, modify or supersede any determination issued where
it is found that such determination was the result of a mistake
of fact, fraud, illegality or irregularity in vital matters .
SECTION 7 . Evictions.
A. No action or proceeding to recover possession of housing
accommodations shall be maintainable by any landlord
against any tenant, notwithstanding that the tenant has no lease
or that his lease has expired, so long as the tenant continues
to pay the rent to which the landlord is entitled, unless :
(1) The tenant is committing a nuisance or using the
housing accommodations for an immoral or illegal
purpose or for other than living or dwelling purposes ; or
(2) The tenant is failing to comply with any of the
provisions for which eviction is permitted pursuant
to Florida Statutes Chapter 83, except where this Ordinance provides
otherwise .
(3) The landlord seeks in good faith to recover pos-
session of the property for his immediate and
personal use or occupancy as a dwelling; or for the use and
occupancy of any member of his immediate family.
(4) The landlord seeks in good faith to recover pos-
session for the immediate purpose of demolishing
the property and replacing it with new construction in accordance
with plans filed with and approved by the building department of
the City.
(5) The landlord seeks in good faith to permanently
withdraw the housing accommodations from the
housing market without any intent to rent or sell all of any
part of the rental unit or structure .
B. Except as provided in Section 7 (A) , it shall be unlawful
for any person to remove, or attempt to remove, from
any housing accommodation the tenant or occupant thereof, or to
refuse to renew lease or agreement for the use of such accommo-
dations, because such tenant or occupant has taken or proposes
to take action authorized or required by this Ordinance or any
regulation, order or requirement adopted hereunder. So long as
the tenant continues to pay the applicable rent payable by him
for the housing accommodations occupied by him, he may not be
removed or evicted therefrom, notwithstanding the expiration of
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any lease. Such tenant shall pay the lawful rent fixed for his
housing accommodations on the first day of each month so long as
he remains in possession and shall be required to give the land-
lord fifteen (15) days ' written notice of his intention to vacate
said premises, otherwise he shall be liable to the landlord for
one month' s rent. No landlord may institute eviction proceedings
pursuant to Section (A) (3, 4 & 5) until he has filed a petition
for an eviction certificate with the Rent Director setting forth
the grounds for such proposed action, and an eviction certificate
has been issued by the Rent Director; the Director shall issue
such certificate only if he finds that the landlord is entitled
to such certificate under the provisions of this Section. No
such eviction certificate shall be required prior to the institu-
tion of eviction proceedings pursuant to Section 7 (A) (1 & 2) , or
where the tenant has failed to pay his rent.
SECTION 8 . Administrative Procedure.
A. Any petition filed by a landlord or tenant under Section
5 shall be promptly considered by the Rent Director. The
Director may by regulation provide that, in the absence of a
request by any interested party for a public hearing, decisions
shall be rendered upon the petition, response, supporting affida-
vits and briefs submitted by the interested parties . If the
petition fails to state any grounds upon which the action re-
quested could be granted, the Director shall dismiss the petition
upon his own initiative, without prejudice to the right to re-file •
an appropriate petition. The Director shall notify in writing
all parties involved as to whether the petition has been dis-
missed or if no hearing has been requested, the decision of the
Director upon the petition. The decision shall specify the
findings of fact and reasons upon which the decision is based.
Copies of such order of dismissal or findings and decision shall
be served upon the parties involved in such manner as the Director
may prescribe by regulation.
B. Any person subject to the provision of any order issued
by the Director, must, prior to seeking judicial review,
file a petition for reconsideration to the Director within thirty
(30) days from the date of issuance of such order. The petition
shall set forth concisely the alleged omissions, oversights,
causes or grounds upon which it is based. If there be no such
request within thirty (30) days , the findings and order of the
Rent Director shall be deemed final.
C. Upon request of any party involved in a proceeding pur-
suant to Section 5, the Director shall grant a hearing,
but before making any determination, all parties shall be afford-
ed an opportunity for hearing after reasonable notice by mail of
not less than fourteen (14) days, which shall include : (1) a
statement of the time, place and nature of the hearing; and (2)
a short and plain statement of the matters asserted by all
parties of record at the time notice is given.
D. At the hearing, all parties shall have an opportunity
to respond, to present evidence and argument on all
issues involved or to file written statements , to conduct cross-
examination and submit rebuttal evidence, to submit proposed
findings of facts and orders , to file exceptions to any order
or recommended order, and to be represented by counsel. Due
regard shall be given to the utility and relevance of the infor-
mation offered and the need for expedition. In any such hearing,
the common law rules of evidence shall not be controlling. When
appropriate, the general public may be given an opportunity to
present oral or written communications . If the Director proposes
to consider such material than all parties shall be given an
opportunity to cross-examine, challenge or rebut it. All final
orders entered by the Director shall be conclusive and binding
upon the parties and the aggrieved party shall be entitled, as
of right, to appeal to a court of competent jurisdiction .
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E . The Director shall take minutes of the testimony present-
ed and shall incorporate by reference all documentary
evidence and exhibits submitted. Any party shall be permitted,
at his own cost, to have a stenographic record made of the hearing
by a Certified Shorthand Reporter, provided that a copy of such
record shall be supplied to the Director to be made a part of the
file.
SECTION 9. Payment of Rent During Petition and Appeal.
Payment of rent by the tenant and acceptance by the
landlord shall be without prejudice to the right of the landlord
to apply to the Rent Director for an increase and the right of
the tenant to apply for a decrease in the amount payable. In
the event the landlord refuses to accept the rent payable under
the provisions of this Ordinance, and brings an action against
the tenant for non-payment of rent, the tenant shall pay unto
the registry of the court the amount of rent payable under the
provisions hereof, and the tenant shall be entitled to plead
as a defense that the landlord refused to accept the rent pay-
able under the provisions hereof; or that the landlord has not
applied for a determination by the Rent Director; or that the
Rent Director has not yet rendered an order fixing the authorized
rent.
SECTION 10. Overcharges .
A tenant who has paid rent in excess of the rent author-
ized under this Ordinance shall have a right to recover such
overcharge, and where such overcharge is willful and intentional,
the tenant shall be entitled to institute an appropriate action
in a court of competent jurisdiction for double the amount of
such overcharge . The prevailing party shall be entitled to re-
cover reasonable attorney' s fees. Such action must be brought
within two (2 ) years from the date of the overcharge.
SECTION 11. Prohibitions .
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 otherwise to do or
omit to do any act in violation of any regulation, order or re-
quirement of the Director under this Ordinance or to offer,
solicit, attempt or agree to do any of the foregoing.
B. It shall be unlawful for any officer or employee of the
Administration or for any official advisor or consul-
tant to the Director to disclose, other than in the course of
official duty, any information obtained under this Ordinance or
to use any such information for personal benefit.
C. It shall be unlawful for any person to willfully make
any false statement or entry in any document or report
submitted in any proceeding before theDirector 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 required to be made in any such
document or report.
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.
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E . (1) No landlord shall demand, receive or obtain a
security deposit which is in excess of the freeze
date monthly maximum rent, or rent in effect on the date of
occupancy, whichever is higher, multiplied by the number of months
of security held by the landlord for the housing accommodations
on October 16, 1974. There shall be no restriction in the amount
of security that may be collected for a housing accommodation
rented for the first time except that after the collection of such
initial security, the provisions of this paragraph shall apply.
No additional security may be collected by a landlord nor shall
any portion of the security be required to be returned to a
tenant based upon subsequent rental adjustments .
(2) Any tenant who fails to give his landlord at least
fifteen (15) days ' written notice by certified mail
prior to vacating his housing accommodation shall be liable to
the landlord for the loss of one month' s rent, except where the
tenant has been removed or has vacated pursuant to this Ordinance.
SECTION 12 . 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
interruption or discontinuance of minimum services, which
interferes with or disturbs the comfort, repose, peace or quiet •
of such tenant in his use or occupancy of his housing accommoda-
tion.
B. It shall be unlawful for any person to remove or attempt
to remove a tenant from his housing accommodation be-
cause such tenant has taken, or proposes to take, action author-
ized 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 two
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 13. Survivorship.
In the event of the death of a tenant, the rights of such
deceased tenant shall inure to the surviving spouse or other person
then in occupancy.
SECTION 14. Waiver.
Waiver of the provisions of this Ordinance by the tenant
shall be unenforceable and void.
SECTION 15. 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
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 $
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 . 16. Penalty.
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 (500) dollars; and
for each subsequent offense, shall be subject, upon his convic-
tion, to a fine up to five hundred (500) dollars and/or imprison-
ment for a period not to exceed sixty (60) days.
SECTION 17. Remedies Saved.
All causes of action or remedies accrued under this
Ordinance prior to the termination of rent regulations shall
survive such termination.
SECTION 18. Conflicting Ordinances Repealed.
All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
SECTION 19. Severability.
If any provision of this Ordinance, or the application
of such provision to any person or circumstance is declared invalid
by 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 20. Effective Date and Duration.
This Ordinance shall go into effect on January 1, 1975,
and the regulation of rents hereunder shall remain in effect until
the 31st day of December, 1976, unless extended or terminated by
the City Council of the City of Miami Beach prior to that date.
SECTION 21. Emergency Measure.
That the City Council of the City of Miami Beach, Florida,
having found and determined that a public emergency exists affect-
ing life, health, property or public safety, this Ordinance is
hereby adopted as an emergency measure.
PASSED and ADOPTED this 11th day of . December , 1974.
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(SEAL)
MAYO'
ATTEST:
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CITY CLERK
Passed and adopted - December 11 , 1974
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OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUEMIAMI BEACH, FLORIDA 33139 •
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 Noo 74-2018 entitled:
AN ORDINANCE REPEALING EXISTING CHAPTER 17A OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, 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 ; FREEZING RENTALS FOR HOUSING ACCOMMODATIONS
AS OF OCTOBER 16, 1974; CREATING THE OFFICE OF RENT DIRECTOR; AND SETTING
FORTH HIS RIGHTS AND POWERS, INCLUDING THE ADOPTION OF RULES AND REGU-
LATIONS; THE ENTRY OF ORDERS FIXING MAXIMUM RENTS AND ADJUSTING RENTS;
PROVIDING FOR STATUTORY TENANCY; THE RECOVERY OF OVERCHARGES ; PROVIDING
PENALTIES ; CREATING THE RENT STABILIZATION ADVISORY COMMITTEE; EXEMPTING
CERTAIN HOUSING ACCOMMODATIONS; PROVIDING FOR THE SURVIVORSHIP OF CLAIMS ;
PROVIDING FOR THE TERMINATION OF THIS ORDINANCE; AND SAVING ALL REMEDIES
WHICH ACCRUED UNDER THIS ORDINANCE; PROVIDING SEVERABILITY CLAUSE; RE-
PEAL CLAUSE AND EFFECTIVE DATE AND DURATION OF THIS ORDINANCE; AND PRO-
VIDING FOR THE ADOPTION HEREOF AS AN EMERGENCY MEASURE.
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 11th day of December , 1974,
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
15th day of January , 1975.
City Clerk
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