1668-12 Economic, Development, & Real Estate 1943-1993 • Ir,Q 01,rA0,-N.)
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STANLEY A. KAUFMAN MIAMI •CACl/. I IONI(?A 11149
DIRECTOR TELEPHONE: 611 7499
SUMMARY OF LANDLORDS' RIGHTS AND OBLIGATIONS UNDER THE
RENT STABILIZATION LAW
1. The legal maximum rent of an apartment is that rent which had been in effect
on the freeze date of October 16, 1974. No landlord may charge a rent in
excess of that amount unless an order has been issued by the Rent Director
authorizing an increase in the rent.
2. A landlord is required to file with the Rent Administration a registration
statement for each apartment listing the maximum rent on the freeze date and
the minimum services provided or required to be provided on that date. A
copy of this registration statement is to be served upon the tenant of the
particular apartment.
3. A landlord may apply for increases in maximum rents on forms available at the
Rent Administration office when (1) there is a mutual agreement between the
landlord and tenant for an increase in service; (2) there has been a major
capital improvement completed on or after October 16, 1973; (3) there has
been a substantial improvement to the property made since October 16, 1974;
(4) unique or peculiar circumstances existed which resulted in a freeze date
maximum rent substantially lower than the rents generally prevailing in the
same area for substantially similar accommodations. Applications under Nos.
(2) , (3) and (4) do not require the consent of the tenants.
4. There is a presumption that rents in effect on the freeze date yielded a
fair rate of return to the landlords. In accordance with this presumption,
the landlord may apply for rent increases to continue to maintain the same
ratio between operating expenses and income as existed on the freeze date.
5. If the landlord is of the opinion that a fair rate of return was not being
received on the freeze date, he may file an application setting forth reasons
which he feels rebut the presumption and requesting a buildingwide rental
increase which he feels would result in a fair return from the property.
ij 6. To obtain increases, the landlord must be substantially maintaining the
minimum service standards to the individual apartment and the premises as a
whole.
7. A tenant may not be evicted from his accommodation so long as he continues
to pay the legal maximum rent even if no lease is in existence, unless the
tenant is using the accommodations for illegal or immoral purposes. In such
cases the landlord may proceed directly in court to evict tho tenant. How-
ever, should the landlord seek a particular housing accommodation for his
own use or occupancy or that of a member of his immediate faaily or should he
seek to recover possession of the property for the purpose of demolishing the
structure or should he seek to permanently withdraw the accommodations from
the housing market, the landlord must first file an application with the Rent
Administration for permission to evict the tenant or tenants.
8. It is contrary to Law to demand or receive any rent in excess of the maximum
rent for that apartment.
9. A landlord may not demand, receive or obtain a security deposit exceeding the
amount held by him on the freeze date of October 16, 1974.
July 9, 1975 // '1 ' Jai
Sta ley . Kaufman
Rent Director