Resolution 2020-31257 RESOLUTION NO. 2020-31257
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR
FEDERAL FUNDS FOR FY 2020, WHICH INCLUDES THE BUDGETS FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM AND THE HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM; APPROVING AND ADOPTING
THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (Al)AS REQUIRED
BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD);AND
AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE
DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE
PROGRAM FUNDS; (2)SUBMIT THE ONE-YEAR ACTION PLAN TO HUD; (3) MAKE
MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN, THE
CONSOLIDATED FIVE-YEAR PLAN,AND THE RESULTING AGREEMENTS(WHICH
DO NOT AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT
OF THE PLANS); (4) SUBMIT THE REQUISITE REVISED ACTION PLANS AND
CONSOLIDATED PLAN; (5) EXTEND THE EXPIRATION DATES OF SAID
AGREEMENTS WHEN NECESSARY; AND (6) SUBMIT A LETTER TO HUD
REQUESTING USE OF AVAILABLE WAIVERS; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG
AND HOME PROGRAM FUNDS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS FOR
RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS.
WHEREAS, the City is an entitlement recipient of Federal formula HUD grant programs as
follows: Community Development Block Grant(CDBG)funds, and HOME Investment Partnerships
(HOME)funds; and
WHEREAS,the City expects to continue to receive entitlement funds from these grant programs
to operate the City's housing and community development activities; and
WHEREAS, the One-Year Action Plan for Federal funds is a requirement under the U.S.
Department of Housing and Urban Development (HUD) formula grant programs, including the
CDBG and HOME Programs; and
WHEREAS, the One-Year Action Plan for FY 2020 is based upon the City's Federal entitlement
of$959,218.00 in CDBG funds and $658,888.00 in HOME funds; and
WHEREAS, the planning phase was initiated by the City on February 26, 2020, with the
issuance of two Requests for Proposals(RFP)for CDBG and HOME program funds, respectively;
and
WHEREAS, of six RFP submissions received, two projects are being recommended for full
funding; and
WHEREAS, the resulting CDBG recommendations are incorporated into the FY 2020 One-Year
Action Plan as follows: $102,491.00 to the Office of Community Services for grocery assistance;
$28,391.00 to the Boys and Girls Club of Miami-Dade for youth aftercare and summer programs;
$13,000 to RAIN Parents for childcare services; $623,493.00 to the Office of Housing and
Community Services for Neptune Apartments Rehabilitation Phase II & Resiliency Improvements;
$191,843.00 for administrative allowance; and
WHEREAS, the city will contract Housing Opportunities Project for Excellence, Inc. (HOPE,
Inc.) for the provision of HUD-mandated fair housing services in the amount of$20,000, utilizing
CDBG planning and administration funds; and
WHEREAS, as a result of the coronavirus COVID-19 pandemic, HUD has issued waivers
suspending regulations limiting the amount of HOME funds that may be used for administrative and
planning cost to ten percent to enable jurisdictions to expend up to 25 percent of its FY 2019 and
FY 2020 allocations for administrative and planning costs; and
WHEREAS, the administration will send a letter to HUD to request implementation of this waiver
for FY 2020 to cover the increased cost of administering HOME-related activities to address the
effects of COVID-19; and
WHEREAS, the City is normally required to set-aside a minimum of 15% of its HOME funds
allocation to a qualified Community Housing Development Organization(CHDO)project; however,
on March 7, 2019, HUD sent notice that the Consolidated Appropriations Act of 2019 includes a
provision suspending the 24-month commitment requirement for the CHDO set-aside funds through
December 31, 2021; and
WHEREAS, the Administration's original recommendation for the FY 2020 One-Year Action
Plan included$144,166.00 for Tenant-Based Rental Assistance and$350,000 for Homebuyer and
Homeowner Rehabilitation Assistance; however,during the May 8,2020 Special City Commission
meeting,the Mayor and City Commission directed the Administration to prioritize funds for qualified
households in need of rental assistance; and
WHEREAS, based upon the City Commission's direction, the Administration recommends the
following distribution of HOME funds for the FY 2020 One-Year Action Plan: $164,722.00 for
administrative allowance; $220,000.00 for Tenant-Based Rental Assistance; and $274,166.00 for
Homebuyer and Homeowner Rehabilitation Assistance; and
WHEREAS, HUD requires that all entitlement jurisdictions receiving federal funds submit an Al
that identifies barriers to fair housing choice within the jurisdiction and the strategies employed by
the jurisdiction to overcome these barriers; and
WHEREAS in conjunction with Housing Opportunities Project for Excellence, Inc.the Office of
Housing and Community Services completed the Al identifying barriers to housing choice in our City
and the various strategies that will be utilized to address the impediment identified; and
WHEREAS,the Al will be referenced and adhered to by all housing services funded by the City
utilizing federal funds; and
WHEREAS,the City advertised a Notice of Public hearing and Public 30-day Comment Period
(March 2,2020—April 2, 2020)for community development needs and the Analysis of Impediments
to Fair Housing Choice (Al)with a public hearing was held on March 17, 2020; and
WHEREAS, the One-Year Action Plan for FY 2020 is being made available to the public for
comment at a public hearing on May 19,2020;and for a 30-day public review and comment period,
from May 4, 2020 through June 3, 2020; and
WHEREAS,the City Manager is the HUD-designated agent for all formula grants,and executes
the grant applications, agreements, and other applicable HUD documents on behalf of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt
the City's One-Year Action Plan for federal funds for FY 2020, which includes the budgets for the
Community Development Block Grant(CDBG) program and the Home Investment Partnerships
(HOME)program; approve and adopt the Analysis of Impediments to Fair Housing Choice(Al)as
required by the U.S. Department Of Housing And Urban Development (HUD); and authorize the
City Manager to:(1)execute all applicable documents related to the appropriation and allocation of
these program funds; (2) submit the One-Year Action Plan to the HUD; (3) make minor non-
substantial changes to the One-Year Action Plan, the Consolidated Five-Year Plan, and the
resulting agreements(which do not affect the purpose, scope, approved budget and/or intent of the
plans);(4)submit the requisite revised Action Plan and Consolidated Plan;(5)extend the expiration
dates of said agreements when necessary; and (6) submit a letter to HUD requesting use of
available waivers;and authorize the Mayor and City Clerk to execute agreements for sub-recipients
of CDBG and HOME program funds; and further authorize the City Manager to execute City
interdepartmental agreements for recipients of CDBG and HOME program funds.
PASSED AND ADOPTED this /3 day of 71941 , 2020.
ATTEST:
Dan Gelber, Mayor
S 'LI 2cFza
Raf el E. Grana.do, C y Clerk
:INCORPORATED,'
-.MN%
PPRO / D AS TO
FORM ANGUAGE
F•/ EXECUTION
. .. S r�2(06,0ity Attorney Jy at
Resolutions -C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 13, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,ADOPTING THE CITY'S ONE-YEAR ACTION
PLAN FOR FEDERAL FUNDS FOR FY 2020, WHICH INCLUDES THE
BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM; APPROVING AND ADOPTING THE ANALYSIS OF
IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) AS REQUIRED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD);
FURTHER, AUTHORIZING A "SUBSTANTIAL AMENDMENT" TO THE FY
2018-22 CONSOLIDATED PLAN TO INCLUDE COMMUNITY
DEVELOPMENT NEEDS AS A PRIORITY NEED AND THE PROVISION OF
PUBLIC FACILITIES AND INFRASTRUCTURE AND ECONOMIC
DEVELOPMENT AS AN ASSOCIATED GOAL; AND FURTHER
AUTHORIZING 'THE CITY MANAGER AND CITY CLERK TO EXECUTE
CITY INTERDEPARTMENTAL AGREEMENTS; AND AUTHORIZING THE
CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS
RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE
PROGRAM FUNDS; (2) SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.
S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); (3)
MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-YEAR
ACTION PLAN, THE CONSOLIDATED FIVE-YEAR PLAN, AND THE
RESULTING AGREEMENTS (WHICH DO NOT AFFECT THE PURPOSE,
SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLANS); (4)
SUBMIT THE REQUISITE REVISED ACTION PLANS AND
CONSOLIDATED PLAN; AND (5) EXTEND THE EXPIRATION DATES OF
SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS
OF CDBG AND HOME PROGRAM FUNDS; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE CITY INTERDEPARTMENTAL
AGREEMENTS FOR RECIPIENTS OF CDBG AND HOME PROGRAM
FUNDS.
RECOMMENDATION
Page 75 of 865
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing and
Urban Development (HUD) entitlement cities. The City of Miami Beach is a HUD-designated
entitlement city as determined by the decennial census information on population growth lag, over-
crowding, age of housing stock, and poverty. The City of Miami Beach has been a Community
Development Block Grant (CDBG) entitlement community since 1975. The HOME Program was
started in 1992 to provide funding specifically for affordable housing.
As an entitlement community, the City automatically qualifies for an annual allocation of federal
funding under HUD's grant programs. HUD requires each entitlement community to submit an
annual One-Year Action Plan describing how it will utilize funding and resources to address priority
needs identified in the City's Consolidated Plan. The One-Year Action Plan is a component of the
Five-Year Consolidated Plan filed with HUD.
ANALYSIS
The following are the projected allocations for FY 20:
Community Development Block Grant Funds
FY 2020 HUD Entitlement $959,218.00
Less administrative allowance (20%) ($191,843.00)
Less Public Services allowance (15%) ($143,882.00)
Net FY 2020 funds $623,493.00
HOME Funds
FY 2020 HUD Entitlement $658,888.00
Less administrative allowance (25%) ($164,722.00)
Net available for project allocation $494,166.00
On January 27, 2020, the Administration issued two Request for Proposals (RFP) for CDBG and
HOME funds, respectively. The submission deadline for both RFPs was February 26, 2020. To
ensure clarification and proactively address questions relating to the completion and submission of
the application, a mandatory pre-submission meeting was held on February 4, 2020 to review the
RFP with prospective applicants.
The City received six applications from the following entities:
➢ Boys and Girls Clubs of Miami-Dade, Inc.
> Housing Authority of the City of Miami Beach
✓ RAIN Parents, Inc.
• Miami Beach Community Development Corporation
Of the six submissions, two projects are being recommended for full funding because all criteria of
the RFP were met and the proposed activities are viable and needed. The Housing Authority applied
for funds to enable the speculative acquisition of an unidentified affordable property but the proposed
amount ($500,000) does not appear realistic given Miami Beach property values and that its
proposed leverage was only $300,000. Miami Beach Community Development Corporation
submitted two applications to the CDBG RFP but did not provide sufficient information regarding its
Page 76 of 865
financial capacity or the ongoing viability of proposed activities.
A maximum of 15 percent of the City's allocation, or $143,882.00, may fund public service activities.
Public service activities include meals programs, rent assistance, childcare programs, etc., for
income-eligible participants. The City is recommending full funding of the eligible projects in addition
to.the City's grocery program as listed below.
Public Services Projects Amount
Recommended
City of Miami Beach Office of Community Services—Grocery Assistance Program $102,491.00
Boys and Girls Club of Miami-Dade—Aftercare and Summer Camp $28,391.00
Rain Parents—Childcare Services $13,000.00
Total Public Service Allocations $143,882.00
The City continues to have, unfunded capital needs for its own affordable housing properties. The
Neptune Apartments, a 35-unit affordable housing property located at 1632 Meridian Avenuewas
acquired by the City in January 2015. The Neptune Apartments was previously awarded $1,113,572.
However, this amount is insufficient as the total estimated project cost is $2,186,240. The CDBG
funds requested will significantly decrease the funding gap and allow the City to continue with the
needed repairs.
FY 2020 CDBG Affordable Housing Project Amount
Recommended
Neptune Apartments Rehabilitation Phase II & Resiliency Improvements $623,493.00
In addition, the Administration will contract Housing Opportunities Project for Excellence, Inc.
(HOPE, Inc.) for the provision of HUD-mandated fair housing services in the amount of $20,000.
HOPE, Inc. would continue providing housing education workshops to residents and participate in
outreach events citywide. Program administration funds will fund this mandated service.Although not
currently funded by the City, HOPE, Inc. also investigates allegations of Fair Housing Act violations
on behalf of residents who believe they are victims of discrimination.
The Administration is requesting HOME funds be allocated to homebuyer assistance. This use will
further leverage funds to increase the number of affordable owner-occupied housing units in the City.
The balance of funds will be allocated to tenant-based rental assistance to help ameliorate financial
hardship experienced by low-income residents because of a reduction or loss of income as a result of
COVID-19: .
FY 2020 HOME Affordable Housing Projects Amount
Tenant-Based Rental Assistance $144,166.00
Homebuyer Assistance& Homeowner Rehabilitation $350,000.00
Provisions in 24 CFR 92.207 and section 212(c) of the National Affordable Housing Act (NAHA),
limit the amount of HOME funds that a jurisdiction may use for administrative and planning costs to
10 percent. These provisions have been suspended to enable jurisdictions to expend up to 25
percent of its FY 2019 and FY 2020 allocations for administrative and planning costs. The
Administration will send a letter to HUD to request implementation of this waiver for FY 2020 to cover
the increased cost of administering HOME-related activities to address the effects of COVID-19.
Page 77 of 865
The HOME Program rules require each entitlement community reserve a minimum of 15% of its
annual allocation for activities undertaken by qualified Community Housing Development
Organizations (CHDO). A CHDO is a private nonprofit, community-based service organization that
has identified the development of affordable housing as its primary mission and has the capacity to
develop affordable housing. A CHDO must meet certain requirements pertaining to its legal status,
organizational structure, capacity and experience. At this time, there is no such agency with this
designation within the City. The City released a Request for Letters of Intent (RFLI) for CHDO
services on June 21, 2018. No responses were received. However, on March 7, 2019, HUD sent
notice that the Consolidated Appropriations Act of 2019 includes a provision suspending the 24-
month commitment requirement for the CHDO set-aside funds through December 31, 2021.
Analysis of Impediments
HUD requires that all entitlement jurisdictions receiving federal funds submit an Analysis of
Impediments to Fair Housing Choice (Al) that identifies barriers to fair housing choice within the
jurisdiction and the strategies employed by the jurisdiction to overcome these barriers.
In conjunction with Housing Opportunities Project for Excellence, Inc., the Office of Housing and
Community Services drafted the attached Al identifying barriers to housing choice in our City and the
various strategies that will be utilized to address the impediment identified. The Al will be referenced
and adhered to by all housing services funded by the City utilizing federal funds.
Citizen Participation Plan
In accordance with the Citizen Participation Plan:
• The City advertised a Notice of Public hearing and Public 30-day Comment Period (March 2,
2020—April 2, 2020) for community development needs and the Analysis of Impediments (Al).
The public meeting was held on March 17, 2020.
• The City advertised a Notice of Public hearing and 30-day Public Comment Period (May 4,
2020 — June 3, 2020) for the draft Action Plan. The public hearing will be held telephonically
during the Affordable Housing Advisory Committee (AHAC) meeting on May 19, 2020. Public
comments received will be included in the submission of the action Plan to HUD for final
review and approval.
FINANCIAL INFORMATION
Expenditures are tied to federal CDBG and HOME funds and will not impact General Fund.
CONCLUSION
The Administration recommends approval of the One-Year Action Plan for FY 2020 to allow
the City to draw down entitlement funds to assist income-eligible persons with services and
housing, and to ensure the timely and compliant expenditure of HUD funds.
The Administration further recommends approval of the AI; authorizing the necessary
certification by the City Manager; and authorizing submission of the Al to HUD.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Page 78 of 865
No No
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
o Analysis of Impediments (Al)
Page 79 of 865
'-‘,
,..,.
\
',.
\ ,
‘. • `,...
\ ...
"s, \
\
\
,., f'' --'
. ,-,--
\ .,..,
•
.
\ '`, . 1
, . .
\ Nr
'' / . .
. . . . . .
\ •,. I
N .
N. (7
s. . .
\
• L
,.
i 1.
..
•s, V - .
... '' I,
,
.
,. 1 : . !
, ,
\ N. , ,., i
\ „ \ •v-:-
... \ . i-,
..„ , ,
„,,,.. .
-
,A ,. • ,
• /
\ , ,
. .
,,,
N. '
.,, ',•,-,---,,,,.._,__I', ------ -^"--
‘, '- ----
__....,--
,
',.
\
\
\
N,.
,..
,• 7 , ' '.•
/'
`.., (/1
\ 1,' - '1
. I 1
.
\
' ...-f•4/
.. .-.....-'
•
MIAMIBEACH
. . . .
Analysis of Impediments
to Fair Housing Choice
December 2019
Page 80 of 865
, .
TABLE OF CONTENTS
INTRODUCTION
A. History and Purpose of the Analysis of Impediments (Al) 2
B. Entity Engaged to Conduct the 2019 Al 3
C. Methodology 3
D. Funding 4
E. Fair Housing Planning History 4
F. Summary of Actions Taken Since Completion of Last Al 5
II. JURISDICTIONAL&COMMUNITY PROFILE
A. History& Government Structure 7
B. Population 8
C. Geographic Segregation of Racial Groups 10
D. Income 13
E. Employment 13
F. Transportation 15
III. HOUSING PROFILE
A. Housing Stock &Tenure 17
B. Housing Cost&Affordability 19
C. Public &Assisted Housing 21
D. Housing Programs 24
E. Planning&Zoning/Building Codes/Accessibility 26
F. Homeless Needs 28
IV. HOUSING MARKET TRENDS
A. Lending Disparity Profile, 2014-2017 30
B. Foreclosures& Related Trends 36
C. Evictions 40
V. FAIR HOUSING PROFILE
A. Fair Housing Laws, Enforcement Agencies & Complaint Data 42
B. Fair Housing Cases 50
C. Public Outreach-Community Surveys 54
VI. CONCLUSIONS& RECOMMENDATIONS
A. Identified Impediments to Fair Housing Choice 57
B. Recommended Fair Housing Strategies 57
VII. SIGNATURE PAGE 60
1
Page 81 of 865
I. INTRODUCTION
A. History and Purpose of the Analysis of Impediments (Al)
Section 808(e)(5) of the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968,
as amended) requires the Secretary of the U.S. Department of Housing and Urban Development
(the Department)to administer the Department's programs in a manner to affirmatively further
fair housing (AFFH). Accordingly, localities that are direct recipients of Community Development
Block Grant (CDBG) funds are required by the Consolidated Plan regulations, at 24 CFR Part 91,
to certify they will meet their statutory obligation to affirmatively further fair housing as required
by the Fair Housing Act, 42 U.S.C. 3608. This certification further requires the grantee to
undertake Fair Housing Planning which consists of conducting an Analysis of Impediments to Fair
Housing Choice (Al) within its jurisdiction, taking actions to overcome the effects of any
impediments identified through the analysis, and maintaining records reflecting the analysis and
actions taken in this regard. Grantees continue to certify that they will affirmatively further fair
housing as a condition of continuing to receive federal funds. Although a grantee's AFFH
obligation arises in connection with the receipt of federal funds, its AFFH obligation is not
restricted to the design and operation of HUD-funded programs at the state or local level. The
AFFH obligation extends to all housing and housing-related activities in the grantee's
jurisdictional area whether publicly or privately funded.'
Grantees, such as the City of Miami Beach, meet their AFFH obligation by conducting an
Al (which identifies those systemic or structural issues that limit the ability of people to take
advantage of the full range of housing which should be available to them), developing an Action
Plan (with milestones, timetables and measurable results) and implementing strategies that are
designed to overcome the impediment to fair housing choice based on the grantees' history,
circumstances, and experiences. HUD defines "impediments to fair housing choice" as any
actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial
status, or national origin which restrict housing choices or the availability of housing choices or
any actions, omissions, or decisions which have the effect of restricting housing choices, or the
availability of housing choices on the basis of race, color, religion, sex, disability, familial status,
or national origin.
On July 8, 2015, HUD released a final rule on Affirmatively Furthering Fair Housing'
clarifying and simplifying existing fair housing obligations for HUD grantees to analyze their fair
housing landscape and set locally-determined fair housing priorities and goals through an
Assessment of Fair Housing (AFH). Under the new rule, the AFH would replace the Al. The rule
created a streamlined AFH planning process, which would help communities analyze challenges
to fair housing choice and establish their own goals and priorities to address the fair housing
'U.S.Department of Housing and Urban Development,Office of Fair Housing and Equal Opportunity,Fair
Housing Planning Guide,Chapter 1,Section 1.2,1-1
z http://www.huduser.org/portal/sites/default/files/pdf/AFFH_Final_Rule.pdf
2
Page 82 of 865
barriers in their community. On January 5, 2018, HUD published a notice in the Federal Register2
suspending most local governments' obligations under the 2015 Affirmatively Furthering Fair
Housing (AFFH) rule to submit an Assessment of Fair Housing(AFH) until after October 31, 2020,
and in many cases after 2025. During the suspension, HUD has indicated that it will evaluate the
quality of the new format established by the AFFH Final Rule and the technical assistance that is
being provided to local governments, as well as improve the AFFH Data and Mapping Tool and
the AFH Assessment Tool User Interface to better support program participants. The City of
Miami Beach's approximate due date for an AFH submission was January 4, 2018.
The legal obligation to affirmatively further fair housing continues until a local
government is required to submit an AFH according to the suspension date. The AFFH obligation
reverts to the previous process of certifying that they are affirmatively furthering fair housing by
conducting an analysis of impediments (Al) to fair housing choice, taking appropriate actions to
overcome the effects of any impediments, and keeping records reflecting the analysis and
actions.
B. Entity Engaged to Conduct the 2019 Al
Housing Opportunities Project for Excellence, Inc. (HOPE) is a private fair housing, non-
profit, Florida corporation established in 1988 dedicated to eliminating housing discrimination
and promoting fair housing. HOPE's mission is to fight housing discrimination in Miami-Dade and
Broward Counties and ensure equal housing opportunities throughout Florida. HOPE is the only
private, full-service fair housing organization in Miami-Dade and Broward counties engaged in
testing for fair housing law violations and pursuing the enforcement of meritorious claims. HOPE
has completed Als as consultants for twenty jurisdictions in Florida and has provided Fair Housing
Planning services for more than two decades.
C. Methodology
The methodology in undertaking this Analysis of Impediments to Fair Housing Choice included
the following:
• Consultation with jurisdiction staff
• Review of impediments found in prior Al and actions taken to address identified
impediments
• Collection and review of data/maps available from the U.S. Census and American
Community Surveys to compile all relevant demographic, economic, employment and
housing market information
z https://www.govinfo.gov/content/pkg/FR-2018-01-05/pdf/2018-00106.pdf
3
Page 83 of 865
• Review of data from City of Miami Beach' Consolidated Plan FY 2018-2022 and
Comprehensive Plan
• Collection of foreclosure, eviction, and other relevant, housing-related data
• Review of Housing Authority of Miami Beach's Section 8 Housing Choice Voucher
Administrative Plan
• Review of Housing Authority of Miami Beach's Public Housing Admissions and Continued
Occupancy Policy
• Review of information regarding the jurisdiction's current housing and land use policies
and programs that influence housing choice
• Analysis of lending data from the Home Mortgage Disclosure Act obtained and processed
utilizing a web-based data mining and exploration tool
• Analysis of available data regarding compliance with local, state and federal Fair Housing
Law, including the Home Mortgage Disclosure Act (NMDA), the Fair Housing Act; review
of reported fair housing complaints and legal cases involving Fair Housing law.
• Administration of face-to-face surveys with residents of the jurisdiction and industry
stakeholders. The survey was designed to gauge perceptions of housing discrimination,
housing issues effecting the jurisdiction, and knowledge of fair housing laws and
resolution options.
D. Funding
The project was funded through an administrative contract between the City of Miami Beach and
HOPE. Community Development Block Grant funds were utilized in funding this effort.
E. Fair Housing Planning History
HOPE completed the Analysis of Impediments to Fair Housing Choice City of Miami
Beach in 1996, 2004 and 2011. The 2011 Analysis identified the following impediments to
fair housing choice:
1. Violations of federal, state, and local fair housing laws in the jurisdiction and
immediate surrounding areas;
2. Lack of awareness of fair housing laws, issues, and resources;
3. Racial disparities in fair and equal lending;
4. A strongly segregated housing market; and
5. Limited funding availability for the creation of affordable housing opportunities.
4
Page 84 of 865
F. Summary of Actions Taken Since Completion of Last Al
In addition to efforts to expand housing choices for residents through a variety of
programs discussed herein, the City of Miami Beach has consistently dedicated funding for an
ongoing Fair Housing Education & Outreach Initiative conducted throughout the jurisdiction and
implemented by HOPE, that is designed to inform the general public, including community
groups, housing industry, lenders, and special needs populations (such as disability advocacy
groups) about the rights conferred by federal, state, and local fair housing laws. Specialized fair
housing workshops are designed to educate the participants about fair housing laws, how to
recognize discriminatory housing practices, and the avenues of redress available to them. The
initiative benefits persons who are denied access to the housing of their choice because of their
race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status,age,disability,ancestry,height,weight,domestic partner status, labor
organization membership, familial situation, political affiliation, and any other classes of people
protected under any and all applicable fair housing laws.
Training for housing providers has been conducted to promote compliance with fair
housing laws and affirmative fair housing marketing requirements. Through its contracts with
HOPE, the City has also provided individualized technical assistance in affirmative fair housing
marketing and the adoption of fair housing policies to its subrecipients and the City of Miami
Beach Service Partnership. Fair housing counseling is provided on the housing discrimination
telephone "HELP LINE" which handles inquiries related to a myriad of housing discrimination-
related issues.
From October 2014 to September 2019,there have been more than 136 events providing
educational opportunities (including community presentations, housing provider trainings, and
fairs) for 1,666 Miami Beach participants. Topics at these events included: fair housing
laws/rights/responsibilities; how to recognize and report housing discrimination; predatory
lending; disability rights/accommodations & modifications; and affirmative fair housing
marketing, among others.
The tables below reflect, by race/ethnicity and income, beneficiaries of the activities
• undertaken under the Fair Housing Education and Outreach Initiative funded by City of Miami
Beach in addressing impediments to fair housing choice identified in its Analysis of Impediments
to Fair Housing Choice.
Note: Prior to October 1, 2015, homebuyer workshop registrants comprising the Fiscal
Year 2014/2015 fair housing outreach participants were all classified as "Low Income"based on
information obtained from the facilitators of homebuyer workshops.
5
Page 85 of 865
Participants in Miami Beach Fair Housing Outreach (October 2014-September 2019)
Fiscal Year/CDBG Fair Total Black Total White Total Asian Total Other Total
Hispanic White Hispanic Other Hispanic Participants
Housing Grant Term Black Asian Hispanic
October 1, 2014 - 1 0 151 151 0 0 152
September 30, 2015
October 1, 2015 - 25 1 152 98 2 0 8 3 187
September 30, 2016
October 1, 2016 - 65 2 345 242 4 0 18 2 432
September 30, 2017
October 1, 2017 - 65 6 364 245 7 0 6 0 442
September 30, 2018
October 1, 2018 — 101 2 315 232 21 2 16 0 453
September 30, 2019
Fiscal Year/CDBG 30% 50% `80% Non Total
Fair Housing Grant - very Low Income' Low Income Moderate Income low-Moderate Participants
Term Income,
October 1, 2014- 0 152* 0 0 152
September 30, 2015
October 1, 2015 - 48 66 56 17 187
September 30, 2016
October 1, 2016- . 41 . 236 141 14 432
September 30, 2017
October 1, 2017 - 33 157 224 28 442
September 30, 2018
October 1, 2018— 22 107 304 20 453
September 30, 2019 '
6
Page 86 of 865
II. JURISDICTIONAL AND COMMUNITY PROFILE
A. History&Government Structure
The City of Miami Beach _ �
' i
was incorporated on March 26, oFFo OF iNE Ga�A �+{
CITY OF ._"*- (?�..
1915. The Miami Beach Code of MIAMI BEACH e�t:s
•FLORIDA• f r
Ordinances,Article 1,Section 1.01
defines the City of Miami Beach as '� rw;�(1'.1
a municipal corporation with a
Commission-City Manager form of ;.r.. ;�
government. The Commission t`
consists of a Mayor and six • :-la f`
Commissioners who serve as the
policy-making body of the City.The
�r s
City Manager ensures that policies,
directives, resolutions and �#1
oast; r.�.;.w •
ordinances adopted by the City :i -
I rr
Commission are enforced and ... ;
implemented. The City Manager is " u y E= •
itr$
also charged with the daily e' ``: _Gi, •'
operations of the City.
The City is approximately 7.1
square miles and is grouped into a F,
three major areas: North Beach,
Middle Beach and South Beach.
3
Fair Housing Implication(s): The receipt of CDBG funding from HUD requires the governing body
of the jurisdiction to receive training to ensure that the City's mandated obligation to affirmatively
further fair housing extends to all housing and housing-related activities in its jurisdiction,
whether publicly or privately funded,particularly in light of the new HUD Affirmatively Furthering
Fair Housing Rule.
3 https://web.archive.org/web/20120605162944/http://www.miamibeachfl.gov/government/
7
Page 87 of 865
B. Population
Population, age, race and ethnicity are important demand factors that influence choice
and location within local housing markets. According to the US Census Bureau, the 2018 Miami
Beach population estimate was 91,718:4 Over time, the US population has grown steadily,
including rising from 227 million in 1980 to 309 million in 2010.5 In Miami Beach, however, the
population has not grown at nearly the same rate, actually going down from 96,298 in 19806 to
87,779 in 2010.'
Race and Ethnicity
The majority of the City's population is White (70,457 or 76.4%). People who are Hispanic
or Latino (50,650) represent 54.9% of the population. Non-Hispanics who are White alone
(35,324) represent 38.3% of the population. Blacks/African Americans (3,597) represent 3.9%of
the population. Asians (1,423) represent 1.5%of the population.
According to the 2013-2017 American Community Survey 5-Year Estimates, 48,902 (or
53%) of the population is foreign born. Of those foreign born, 38,071 (or 78%of all foreign born)
were born in Latin America.
Race and Hispanic Origin
White alone 70,457 76.4%
Black or African American alone 3,597 3.9%
American Indian and Alaska Native alone 241 <1%
Asian alone 1,423 1.5%
Native Hawaiian and Other Pacific Islander alone 92 <1%
Some Other Race alone 14,357 15.6%
Two or More Races 2,020 2.2%
Hispanic or Latino (of any race) 50,650 54.9%
White alone, Not Hispanic or Latino 35,324 38.3%
4 https://www.census.gov/quickfacts/fact/table/miamibeachcityflorida/POP060210
https://www.census.gov/newsroom/cspan/1940census/CSPAN 1940slides.pdf
6 https://www2.census.gov/prod2/decennial/documents/1980a flABCs1-01.pdf
https://www.census.gov/quickfacts/fact/table/miamibeachcityflorida/P0P060210
8
Page 88 of 865
Of those 5 years of age and older (87,380), 60,435 speak a language other than English.
48,470 speak Spanish, 8,928 speak other Indo-European languages (Anatolian, Indo-Iranian,
Greek, Italic, Celtic, Germanic, Armenian,Tocharian, Balto-Slavic and Albanian), and 1,149 speak
Asian and Pacific Island languages.
Languages spoken other than English
by residents 5 years of age and older
O
a
co
4 moi.
Only English Spanish European and Middle Asian and Pacific
Eastern languages Island languages
other than Spanish
Families with Children
Of the 47,168 total households in Miami Beach, 38.9% (or 18,350) are family households.
A family household is one that has at least one member of the household related to the
householder by birth, marriage, or adoption. Same-sex couple households are included in the
family household category if there is at least one additional person related to the householder
by birth or adoption. Of the 18,350 families, 37.8% (or 6,937) have children under the age of 18.
Children under the age of 18 (13,559), represent 14.7% of the population.
People with Disabilities
An estimated 8.6% of the City of Miami Beach population has a disability, according to
2018 American Community Survey 5-Year Estimates.8 The total number of residents with a
8 https://data.census.gov/cedsci/table?q=&d=ACS%205-
Year%20Estimates%20Data%20Profiles&table=DP02&tid=ACSDP5Y2018.DP02&y=2018&g=1600000US124.5025&la
stDisplayedRow=30&hidePreview=true. These disability statistics cover the noninstitutionalized population,which
is 99.2%of the population. https://data.census.gov/cedsci/table?q=&d=ACS%205-
Yea r%20Estimates%20Data%20Profiles&table=DP05&tid=ACSDP5Y2018.DP05&g=1600000US 1245025&IastDisplay
edRow=33&hidePreview=true
9
Page 89 of 865
disability is approximately 7,862, including 2,717 people under 65 and 5,145 people 65 and
older.9 This means that 3.6% of the population under 65 has a disability compared to 34.7% of
the population 65 and older.10 Types of disabilities registered in the U.S. Census include sensory,
physical, mental and self-care.
Miami Beach's human immunodeficiency virus(HIV) rate is 97 times the national average
and South Beach's rate is 167 times the national average (University of Miami, 2018). HIV
infections have risen 71% in South Beach since 2011.
Fair Housing Implication(s): •
Increased cultural diversity and significant number of persons who are foreign born indicates a
continued need for culturally competent, multi-lingual fair housing information and services.
The significant number of households inhabited by children under 18 years of age and/or persons
with disabilities indicates a need for educating these populations regarding their rights under
federal, state, and local fair housing laws; particularly with regards to reasonable
accommodations, reasonable modifications, accessible design and construction, as well as the
appropriate application of the Housing for Older Persons provisions of the fair housing laws.
The proportion of households with children in Miami Beach is significantly less than the proportion
of such households in the county, possibly creating perceived or actual barriers to housing
opportunity.
9 https://data.census.gov/cedsci/table?q=&d=ACS%205-
Year%20Estimates%20Data%20Profiles&ta ble=DP02&tid=ACSDP5Y2018.DP02&v=2018&g=1600000 US 1245025&la
stDisplayed Row=30&h idePreview=true
io https://data.census.gov/cedsci/table?q=&d=ACS%205-
Year%20Estimates%20Data%20Profiles&ta ble=DP02&tid=ACSDP5Y2018.DP02&y=2018&g=1600000US1245025&la
stDisplavedRow=30&hidePreview=true
10
Page 90 of 865
C. Geographic Segregation of Racial Groups
The Racial Dot Map from the Weldon Cooper Center for Public Service at the University
of Virginia provides an accessible visualization of geographic distribution,population density, and
racial diversity of the American people in every neighborhood in the entire country. The map
displays dots, one for each person residing in the United States at the location where they were
counted during the 2010 Census. Each dot is color-coded by the individual's race and ethnicity.
The following five racial categories are represented by the dots: non-Hispanic White, non-
Hispanic Black, non-Hispanic Asian, Hispanic or Latino, and a category for all other racial
categories including the multiracial identifications.The sum of all five categories equals the total
population. The data displayed on the map is from the U.S. Census Bureau's 2010 Summary File
1 dataset made publicly available through the National Historical Geographic Information
System. The data is based on the "census block,"the smallest area of geography for which data
is collected (roughly equivalent to a city block in an urban area).
The map below demonstrates a diverse representation of races and ethnicities
throughout Miami-Dade County, as well as the significant level of segregation. In Miami Beach,
the Black population has remained under 3.6%since 1980. The Black population in Miami-Dade
County is 15.8%, with a significant presence immediately west of Miami Beach. The map further
demonstrates the concentration of Hispanic and Non-Hispanic White residents in Miami Beach.
, 3 A ',
•` { ' -i4 �
ii � ., a Vtf ( ,--:::_:,,,'.--,.i'V,7;.; .•� 1 GS Yy ;S ij �f . d•'I
_ { e44 ¢¢
F 1 ri .l L `�'�
ti i
i r j'� 1:7 99 is B.
r! i',':::::::,1,--1 c "-i",7 i7"{ ! Y
.fit c—.'e t� ,r t3t sl,,_ ,
v:i ` or 1 ct YIi
is1. r r xt "'-',--.L';‘•:"; .3 T: r-.);., I`-i
i A P - "� t l 9; ti t .
° t . '
t #tom t z' i •°
iZ
+
I _' r -
'�" ,,i-,,i,;:' ,� � 2010 Census Block Data
<I. } is `�,4.1.,, c
1 Dot-1 Person
,
b.: �} f \t'']
�� +. i 0 White
,t `i• t a } 'hv'-ent:rt�n.. It4.;z f 4J Black
,i
• s '� - ,. .. I • Asian
ip k' ' s-'_, 0 Hispanic
--`:'''.-"-;''',--2-'"1:'
`� c j:71;:-T • 1-:i j D�:
The Anti-Discrimination Center, a not-for-profit civil rights organization, released another
mapping tool illustrating areas of racial and ethnic group concentration and absences on May 3,
2018. The maps rely on Census Bureau tabulations of the 2012 to 2016 American Community
Survey(ACS) and the 2010 Decennial Census, both available at www.census.gov. Note: The ACS
is subject to some sampling error because it is a sample.
The color that is coded for the level of geography selected corresponds to the group that
makes up the largest percentage within that geography. The stronger a group's domination of a
geography,the more vivid the color on the map.
As shown in the map below, there are many pronounced areas of racial/ethnic
domination throughout Miami-Dade County. The color coding of Miami Beach further
demonstrates the segregation of Hispanic and Non-Hispanic White residents in Miami-Beach, as
well as the Black demographic representation being significantly less than that of the county.
%of Total Population X . $ th mi
rami -4--' 47::,-;-::-i
2C' 40% o3« eo% - - . , 7[x07 t
Hispanic or Latino - }-_. _ S
s 'ti
Me(non-Hispanic or Latino) , !r I
Black(non-Hispanic or Latino) = 1i ,i
ascan(non-Hispanic or Latino) "-.r _ -'
--- _.. x.,_....Q ox.,FrC+;c,� '®__— _ 5 t 4illiiy,�. d
t 7 j
i tT{i ,..t'\"/' r
I '_.k:irotY,ki ect; 1
l
Cr pkv
•
it
a_-.ta _ 'kms ' Sti ''.11 - v+ 5 1t .R �i+', "if _ 1.,(
1 North46ay f
t Village
7' if
r ;
r.., :::,,: , : ,.,.,
h9iamIOW lviLew .
M
f
.%a Miami
.1.1. i-7 ��,� , 'tet
_ - Mii alai i i � is _,
f
Fis sj/
12
Page 92 of 865
D. Income
According to the 2013-2017 American Community Survey 5-Year Estimates,11 the City of
Miami Beach's median household income is $50,193. Also, the prevalence of families with
related children whose incomes were below the census-defined poverty level was estimated to
be 16.1%of the population.
Percentage of Miami Beach Families Within Income Ranges
30.00% - - - - -
27.10%
25.00% - 23.20%
21.70%
20.00% 19.20%
15.00%
10.00% 9.00%
5.00%
0.00%
less than$15,000 $15,000-34,999 $35,000-74,999 $75,000-149,000 $150,000 or more
Each year, HUD updates its income limits for various Metropolitan Statistical Areas
around the United States and these income limits are one of the factors used to determine the
eligibility of applicants to HUD housing programs within subject areas.
HUD assigns the following names to designate the income limits of families (by family size)
according to the percentage of Area Median Income (AMI)that the household earns:
• Extremely Low Income:<30% of AMI
• Very Low: < 50%of AMI
• Low:< 80%ofAMl
• Moderate: between 80%and 120%of AMI
E. Employment
The City of Miami Beach's employed population 16 years and older is engaged in a variety
of occupations:
11 https://data.census.gov/cedsci/table?d=ACS%205-
Year%20Estimates%20Data°%20Profiles&table=DP03&tid=ACSDP5Y2017.DP03&g=1600000U51245025&IastDisplav
ed Row=33&hidePreview=true&q=
13
Page 93 of 865
City of Miami Beach
Civilian employed population 16 years and over
(2013-2017 American Community Survey 5-Year Estimates)
Total 52,787
Agriculture, forestry,fishing and hunting, and mining 128
Construction 2,528
Manufacturing 1,240
Wholesale trade 1,905
Retail trade 4,756
Transportation and warehousing, and utilities 2,819
Information 1,629
Finance and insurance, and real estate and rental and leasing 5,679
Professional, scientific, and management, and administrative and waste 8,109
management services
Educational services, and health care and social assistance 8,225
Arts, entertainment and recreation, and accommodation and food services 11,570
Other services, except public administration 3,207
Public administration 992
Of the population 16 years of age or older, 4.3% were estimated to have been
unemployed.
According to the 2012 Census Survey of Business Owners, 19,592 companies are operating
in the City of Miami Beach. Of these businesses, 681 are in construction, 121 are in
manufacturing, 658 are in wholesale trade, 1,447 are in retail trade,and 572 are in transportation
and warehousing.12
Company types in Miami Beach
18000 16,113
16000 VMS
14000
12000
10000
8000
6000
4000 - - b
2000 681 121 658 1,447 572
ae \oma ec
a\ti�a ob d'r
a�J� o4a heti a4Q
iz https://factfinder.census.gov/bkmk/table/1.0/en/SBO/2012/00CSA01/E600000US1208645025
14
Page 94 of 865
Transportation
Transportation moves people and creates the necessary connection that creates
economic opportunities. According to 2013-2017 American Communities Survey Estimates,13
53.9 % of workers in the City of Miami Beach commute to work by driving alone. Only 9.5% use
public transportation, excluding taxicabs. Motorized personal automobiles are the main mode
of transportation into and within the City. Transportation into, out of, and throughout Miami-
Dade County is primarily achieved through a well-developed network of roadway transportation
corridors. Major highways traversing the County include the Florida Turnpike and Interstates 95,
195, 395, along with approximately 20 Florida State Roads, several "expressways" and a grid
system of arterial surface streets.
The City of Miami Beach is composed of arterials, collectors, and local streets. The City
has two (2) major North-South arterial roadways, Collins Avenue (providing connectivity
throughout the City's entirety) and Alton Road which provides access to the majority of the City.
Other major arterials include four(4) East-West roadways within the City and are a continuity of
the four causeways that connect the City to the mainland.These roadways are SR A1A/5th Street,
Dade Boulevard, SR 112/Arthur Godfrey Road/W 415t Street, and SR 934/71St Street. The rest of
the major roadways within the Miami Beach are collector roads. Most of them form a grid in the
South Beach area, with Washington Avenue providing the most North-South connectivity and
thus exhibiting large commercial activity around it.14 The state roads are aligned near the East
and West edges of the City limits, primarily traveling North and South, as well as making
connections to the MacArthur Causeway (1-395), Julia Tuttle Causeway (1-195), and John F.
Kennedy Causeway. The majority of the local roads reside within the interior of this state road
loop.15
Miami-Dade Transit (MDT) is the fifteenth largest transit system in the United States with
a service area that covers approximately 306 square miles. It is composed of 34 individual
municipalities with an urbanized population of approximately 2.6 million people. The accessible,
fully integrated system has four transportation modes: Metrobus, Metrorail, Metromover, and
Paratransit. With 893 ADA-compliant buses and more than 100 routes travelling over 29 million
miles per year, Metrobus connects with Metrorail and Metro Mover with seven routes operating
24 hours a day. The bus network provides service throughout Miami-Dade County 365 days a
year, connecting to parts of southern Broward County to the north and Monroe County to the •
south:16 Currently, Miami-Dade Transit(MDT) provides, maintains,and operates 13 regional bus
13 https://data.census.gov/cedsci/table?d=ACS%205-
Year%20Estimates%20Data%20Profiles&table=DP03&tid=ACSDP5Y2017.DP03&g=1600000US1245025&IastDisplay
edRow=33&h i dePreview=true&q=
la https://www.miamibeachfl.gov/wp-content/uploads/2018/07/Updated-Transportation-Master-Plan-Final-
Report.pdf
is https://www.miamibeachfl.gov/wp-content/uploads/2018/07/Updated-Transportation-Master-Plan-Final-
Report.pdf
16 http://www.miamidade.gov/transit/library/10_year_plan/2015-transit-dev-plan-fy-2014-2023/ch-2-mdt-tdp-
exsiting-services-overview.pdf
15
Page 95 of 865
routes that serve the City of Miami Beach �s TROLLEY � o�`"'a .." "
across the four causeways from the .°7 i,, ;. ," , . .i.
mainland,and one local circulator. The City l,,/ " M_-,� '.•
of Miami Beach has a network of city-wide , . - V 6
transit circulators as a compliment to the • i' •
f
regional service provided by MDT, along I.
-LEGEND-
with access to "Park and Ride" locations. — a
The Miami Beach Trolley system is a free, - °W'.-
citywide, interconnected, transit system —a, o K�.�.,,R
/ i +
that provides a transportation alternative TRANSFER_POINTS «jS ,1E10= ..
and connection to regional transit routes. „; '
Free of cost to users,the trolleys run seven E„ri_ a
o.
days a week, with some trolleys arriving as i " ° ##
-Ye cis.,
frequently as every15 minutes. All Trolleys '`" " "`�" `5l"�
are accessible to riders using wheelchairs f L�'".
and are ADA Compliant. The City of Miami " ."
Beach Disability Access Committee :G• . (r``
reviews, formulates, and coordinates ,„,' ;,
information regarding programs for • '• � -
persons with disabilities. Disability-related `' a':'r'
M a+ F C
complaints are received by the City's ADA ".-#-` f
ti;
Coordinator. ,
The City of Miami Beach prohibits discrimination in its programs, services, and activities. The City
has established a procedure for filing discrimination complaints with the City's Title
VI/Nondiscrimination Coordinator. 17
The Paratransit division's Special Transportation Service (STS) is the County's
complimentary service for the disabled per the requirements of the Americans with Disabilities
Act (ADA). STS is a shared-ride service used through most of urbanized Miami-Dade County,
Monroe County, and some parts of southern Broward County without restrictions or priorities
based on trip purposes. All Miami-Dade senior citizens aged 65 years and older with Social
Security benefits ride free with a Golden Passport pass. Veterans residing in Miami-Dade and
earning less than $22,000 annually ride free with the Patriot Passport transit pass. The public
transportation system favorably affects mobility throughout the County, especially for low-
income persons, enhancing fair housing choice.
17 http://www.mbrisingabove.com/getting-around/miami-beach-trolley/
https://www.mia mi beachfl.gov/city-hall/transportation/trolley/customer-rights/
16
Page 96 of 865
III. Housing Profile
A. Housing Stock&Tenure
The City of Miami Beach is a developed urban area, with very little vacant, buildable land
available for residential development. According to the 2013-2017 American Community Survey
estimates,the City's housing inventory increased by 7,830 units since 2000.18
City of Miami Beach Housing Inventory
2013-2017 American Community Survey 5-Year Estimates
Total housing units 70,628 •
1-unit, detached 6,473
1-unit, attached 1,044
2 units 459
3 or 4 units 4,036
5 to 9 units 4,808
10 to 19 units 9,311
20 or more units 44,321
Mobile home 176
' Boat, RV,van,etc. 0
According to 2013-2017 American Community Survey 5-Year Estimates, 44,475 (63%) of
the City's housing units are occupied. The occupied units are composed of 16,621 (37.4%) owner
units and 27,854(62.6%) renter units. There,are currently 26,153 vacant units in the City with an
overall vacancy rate of 37%.19 These vacancies may become occupied and help to satisfy some
of the housing demand, but they may also become sold or rented without being consistently
occupied.20 They may fill a number of functions, possibly being held for seasonal, recreational,
or workforce housing, and thus remaining unavailable to the general population, which would
continue to put a strain on the lack of housing stock.21 In terms of fair housing and housing choice
smaller number of available units means fewer options for home-seekers and could lead to
housing providers being more selective.
•
18 https://data.census.gov/cedsci/table?d=ACS%205-
Year%20Estimates%20Data%20Profiles&table=DP04&tid=ACSDP5Y2017.DP04&g=1600000US1245025&IastDisplay
edRow=27&hidePreview=true&q=
19 https://data.census.gov/cedsci/table?d=ACS%205-
Yea r%2QEstimates%20Data%20Profiles&table=DP04&tid=ACSDP5Y2017.DP04&g=1600000US1245025&IastDisplay
edRow=27&hidePreview=true&q=
20 https://www.huduser.gov/portal/publications/pdf/MiamiFL comp 12.pdf
21 https://www.huduser.gov/portal/publications/pdf/MiamiFL comp 12.pdf
17
Page 97 of 865
Miami Beach Housing Unit Vacancy and Occupancy Status,2013-201722
For For Rented or Seasonal, For Migrant Other Total Total Total
Rent Sale Sold, Not Recreational Workers Vacant Vacant Occupied Units
Only Occupied or Occasional
Use
1745 620 672 18072 0 5044 26153 44475 70628
The median property value in Miami Beach, FL was $416,700 in 2017, which is 1.91 times
the national average of$217,600. Between 2016 and 2017,the median property value increased
from$398,600 to$416,700, a 4.54%increase.The homeownership rate in Miami Beach is 37.4%,
lower than the national average of 63.9%.23
Miami Beach Homeownership Rate(%),
1990 through 2013-201724
1990 2000 2010 2013-2017
28 37 39 37
As a result of the strong homeownership market,low-to moderate-income households are more
likely to be renters and also, face housing options with smaller units and fewer bedrooms
(Shimberg Center at the University of Florida).
Sea-level rise presents another constraint on the Miami Beach housing stock. According
to a report from USA Today, Miami Beach faces the following challenges regarding sea-level
rise25:
• Population with homes at risk of flooding in 2060: 39,547 (30.2%)
• Population with homes at risk of flooding in 2100:97,375(74.5%)
• Habitable land that will be underwater by 2060: 58.5%
• Habitable land that will be underwater by 2100: 94.1%
• Current property value at risk in 2060: $19.3 billion
Again,with a dwindling housing stock, home-seekers are faced with having fewer options, thus
housing providers can be increasingly selective.
The growing usage of short-term rentals like Airbnb has also decreased the Miami Beach
housing stock. The New York Times reported that the Miami Beach Commission has passed laws
to suppress the prevalence of short-term rentals, but the rentals have persisted.26 Miami Beach
staff members went from 592 short-term rental investigations in the 2013-2014 fiscal year to
22 http://flhousinsdata.shimberg.ufl.edu/affordability/results?nid=4348
za https://datausa.io/profile/eeo/miami-beach-fl/
24 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348
25 https://www.usatoday.com/story/money/2019/06/18/climate-change-american-cities-that-will-soon-be-under-
water/39533119/
26 https://www.nytimes.com/2019/03/09/travel/airbnb-miami-beach-war.html
18
Page 98 of 865
1,737 investigations in 2017-2018.27 These rentals are providing housing for visitors that may
otherwise have been available to full-time residents, further reducing the options that full-time
residents have.
B. Housing Cost and Affordability
The general definition of housing affordability is the capacity of households to consume
housing services and the relationship between household incomes and prevailing housing prices
and rents. The standard administered by the Department of Housing and Urban Development
and most state agencies is that households should spend no more than 30% of their income on
housing costs. Owner and renter households paying excess of 30% of their income on housing
costs are considered "cost burdened."
While cost burden in and of itself is a difficult challenge to overcome,the nature of our diverse
population including its preponderance of immigrants, makes these challenges that much more
difficult to overcome. As stated in an Urban Institute report issued in March 201728: "In addition
to the cultural and language barriers, tens of thousands of immigrants who come to [the metro
area] each year are extremely low income, resulting in overcrowding in many housing units.
Consequently, affordable housing for LMI households in [the metro area] has to be considered
within the context of language barriers, cultural sensitivities, as the limited resources new
immigrants have when they arrive.These factors have important implications for equal access to
housing information,gentrification and displacement, as well as how Miami funds for affordable
housing are used to assist diverse and resource-constrained populations." Please be reminded
that the City's Comprehensive Plan established a goal of creating 6,800 affordable housing units
and has only achieved the creation of less than 5,000 units as of this writing (City's
Comprehensive Plan).
According to the City's most recent Consolidated Plan, the most common housing problems
in Miami Beach include:
• Affordability(cost burden);
• Availability (vacancy); and
• Size (to accommodate growing households)
To bring the crux of our community's housing needs to the fore, it should be noted that
13,137 households or roughly 49.6% of all households paying rent are spending at least 35% of
their household income on housing costs (Source: American Community Survey, 2016).This cost
burden to maintain housing undermines a household's ability to save for a home,acquire suitable
insurance coverage, obtain higher education and provide economic stability, among other
milestones.
27 https://www.nytimes.com/2019/03/09/travel/airbnb-miami-beach-war.html
28 https://www.urban.org/sites/default/files/publication/89311/miami Imi O.pdf
19
Page 99 of 865
Miami Beach Households,Cost Burden by Income,201629
Amount of Income Paid for Housing
Household Income 30%or 30.1- More than
less 50% 50%
30%AMI or less 1677 1164 6012
30.1-50%AMI 1239 2244 4092
50.1-80%AMI 1701 4062 1884
80.1-120%AM 7771 2976 1498
more than 120% 12576 1441 379
AMI
Miami Beach Renter Households,Cost Burden by Income,201630
Amount of Income Paid for Housing
Household Income 30%or 30.1- More than
less 50% 50%
30%AMI or less 1513 640 4582
30.1-50%AMI 734 1629 2792
50.1-80%AMI 1024 3452 1066
80.1-120%AM 5069 1742 335
more than 120% 5734 389 44
AMI
Miami Beach Owner-Occupied Households,Cost Burden by Income,201631
Amount of Income Paid for Housing
Household Income 30%or 30.1- More than
less 50% 50%
30%AMI or less 164 524 1430
30.1-50%AMI 505 615 1300
50.1-80%AMI 677 610 818
80.1-120%AM 2702 1234 1163
more than 120% 6842 1052 335
AMI
It should also be noted that according to the 2016 American Community Survey, 56% of all
housing units in the City have three or fewer rooms and 86% of all housing units in the City have
two or fewer bedrooms.
29 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348
3°http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348
31 http://flhousingdata.shimberg.ufl.edu/affordability/results?nid=4348
20
Page 100 of 865
Fair Housing Implication(s):
The City's extensive need for increased affordable housing opportunities opens the door for
landlords to be more selective, which can lead to more discriminatory housing practices.
Individuals and families have fewer options when searching for a place to live, as a result of both
a smaller housing stock and discrimination. Publicly funded or subsidized housing opportunities
must be affirmatively marketed to ensure availability to residents of all communities.
C. Public Housing&Assisted Housing
The Housing Authority of the City of Miami Beach (HACMB)'s mission is to provide those
in need with quality affordable housing in economically mixed settings while promoting resident
self-sufficiency and fostering strong neighborhoods. HACMB's Board of Commissioners establish
operating policies, ensure that policies are followed, and adherence to its mission.
HACMB owns and operates the following housing developments:
Rebecca Tower South is a thirteen-story elderly designated Public Housing building
constructed in 1975 with 200 units(120 efficiencies and 72 one-bedrooms,and 8 two-bedrooms).
Under this program, U.S. HUD provides rental subsidies to eligible tenants 62 years of age or
older. Residents pay approximately 30 percent of their adjusted income,calculated in accordance
with U.S. HUD regulations,while U.S. HUD pays the remaining portion of the established contract
rent.
Rebecca Tower North is a thirteen-story-elderly designated Section 8 New Construction
building constructed in 1979 with 200 units(120 efficiencies and 80 one-bedrooms). Under this
program, U.S. HUD provides rental subsidies to income-eligible tenants 62 years of age or older.
Residents pay approximately 30 percent of their adjusted income, calculated in accordance with
U.S. HUD regulations,while U.S. HUD pays the remaining portion of the established contract rent.
The Lois Apartments provides sixteen (16) units of quality affordable housing. The
development, originally built in 1925, is located in the Ocean Beach Local Historic District and is
an excellent example of Mediterranean Revival architecture. The Lois Apartments rehabilitation
was completed in January 2013.
The Steven E. Chaykin Apartments provides thirty units of quality affordable housing for
elderly disabled persons. Built with HOME funds,the development offers a combination of Low
HOME- and High HOME-rent units. The Low HOME rent limit for an area is 30 percent of the
annual income of a family whose income equals 50 percent of the area median income, adjusted
for bedroom size. High HOME rents are the lesser of the HUD published fair market rent (FMR)
or a rent that does not exceed 30 percent of the adjusted income of a family whose annual
income equals 65 percent of the median income for the area as determined by HUD,adjusted for
bedroom size. In addition, the Low HOME rent limit cannot exceed the High HOME rent limit.
21
Page 101 of 865
The Leonard Turkel Residences provides twenty-one (21) units of quality affordable
housing for elderly persons. The project is HOME-funded, as such twenty percent of the HOME-
assisted units are occupied by families whose annual incomes do not exceed 50 percent of the
median family income for the area;and the balance of HOME-assisted units must be occupied by
families whose annual incomes do not exceed 60 percent of the median family income for the
area.
The Henderson Court provides five units of quality affordable housing for the elderly. The
development is owned by HACMB and its units are made available to Section 8 voucher holders.
211 Collins Avenue is also owned by HACMB and is made available to Section 8 voucher holders.
Voucher Programs
HACMB administers the Section 8 program for the jurisdiction defined as "Miami-Dade
County, Florida, inside the incorporated cities of Surfside, North Bay Village, North Miami, North
Miami Beach, Opa Locka, Miami, El Portal, Miami Lakes, Miami Shores, Hialeah Gardens, Miami
Gardens, Coral Gables, Key Biscayne, Miami Springs, Bal Harbor, Bay Harbor Islands, Sunny Isles
Beach, and Aventura, as well as any other area physically within ten miles of the City of Miami
Beach, not including the City of Hialeah or areas that fall within Broward County." HACMB's
Section 8 program includes the Housing Choice Voucher (HCV), Project-Based Voucher, Housing
Choice Voucher-funded Homeownership Programs, Veterans Affairs Supportive Housing(VASH),
Mod-Rehabilitation Program, Single Rental Occupancy (SRO), and Miami-Dade Homeless Trust
Moving Up Program.
HCV is a tenant-based rental assistance program under which an eligible program
household pays 30 percent of his or her monthly adjusted income toward the rent, and U.S. HUD
pays the remainder. In the HCV Program, a participant is given a voucher and allowed to look for
housing in the private rental market anywhere within HACMB's jurisdiction, which covers Miami
Beach and extends ten miles outside the city. HACMB currently administers 3,412 vouchers in
the HCV Program.
The Section 8 Project-Based Voucher Program is a project-based rental assistance
program under which an eligible program participant pays 30 percent of his or her monthly
adjusted income toward the rent, and U.S. HUD pays the remainder. In the Project-Based
Program, a participant may rent a unit in specified buildings located in Miami Beach. The rents
for project-based units are pre-designated by contract.
The Section 8 Substantial Rehabilitation program is a project-based rental assistance
program under which an eligible program participant pays 30 percent of his or her monthly
adjusted income toward the rent, and U.S. HUD pays the remainder. The HACMB serves as the
contract administrator for the buildings. In the Substantial Rehabilitation Program, a participant
may rent a unit in specified buildings located in Miami Beach.
22
Page 102 of 865
Fair Housing and Equal Opportunity
HACMB's most recent Administrative Plan for Section 8 was adopted by its Commission
on December 11, 2018. Chapter 2 of the Plan describes HACMB's policies related to fair housing
and equal opportunity, prohibiting discrimination on the basis of race, color,sex, religion,familial
status, age, disability, national origin, marital status, gender identity, sexual orientation (actual
or perceived), in addition to victims of domestic violence, dating violence, sexual assault or
stalking as protected classes of persons. Further detailed are policies relating to persons with
disabilities and limited English proficiency.
The Plan contains a written statement regarding its compliance with the appropriate civil
rights-related program requirements, including Title VI of the Civil Rights Act of 1964,Title VIII of
the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the
Fair Housing Amendments Act of 1988), Executive Order 11063,Section 504 of the Rehabilitation
Act of 1973, the Age Discrimination Act of 1975, Title II of the Americans with Disabilities Act (to
the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern),
Violence Against Women Reauthorization Act of 2005 (VAWA), and the Equal Access to Housing
in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule.
The PHA takes steps to ensure that families and owners are fully aware of all applicable
civil rights laws. As part of the briefing process, the PHA must provide information to HCV
applicant families about civil rights requirements and the opportunity to rent in a broad range of
neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs
owners of the requirement not to discriminate against any person because of race,color, religion,
sex, national origin, age,familial status, or disability in connection with the contract.
HACMB is required to provide applicants/participants with information about how to file
a discrimination complaint in accordance with 24 CFR 982.304. HACMB's policy provides for
receipt of complaints of housing discrimination orally or in writing. HACMB attempts to remedy
discrimination complaints made against it and provides a copy of a discrimination complaint form
to the complainant. The complainant is also provided with information on how to complete and
submit the form to HUD's Office of Fair Housing and Equal Opportunity(FHEO).
Persons with Disabilities
Posters and signage regarding the policies for reasonable accommodations and
modifications are made available in locations throughout HACMB's office. The policy further
provides examples of reasonable accommodations and outlines the process for handling
requests, including verification of disability and approval/denial of requests. HACMB's intake
application provides the following statement:
"If you or anyone in your family is a person with disabilities, and you require a specific
accommodation in order to fully utilize our programs and services,please contact HACMB Section
8 Department."
23
Page 103 of 865
The needs of persons with hearing impairments is met through the use of TTD/TTY
(telephone display/teletype) communication. To meet the needs of persons with vision
impairments, large-print and audio versions of key program documents are provided upon
request. Alternative forms of communication are also provided, such as sign language
interpretation or third-party representative (a friend, relative or advocate, named by the
applicant) to receive, interpret and explain housing materials and be present at all meetings.
HACMB's policies also require take affirmative steps to communicate with people who need
services or information in a language other than English.
HACMB generally ensures that the family is offered through other sources, competent
oral interpretation services free of charge to limited English proficiency (LEP) persons. Where
feasible, HACMB trains and hires bilingual staff to be available to act as interpreters and
translators, shall pool resources with other PHA's, and shall standardize documents. Where
feasible and possible, HACMB will encourage the use of qualified community volunteers. Where
LEP persons desire,they are permitted to use, at their own expense, an interpreter of their own
choosing, in place of or as a supplement to the free language services offered by HACMB. The
interpreter may be a family member or friend. HACMB provides written translations of vital
documents for each applicable, eligible LEP language group. Translation of other documents, if
needed, are provided orally.
HACMB's Public Housing Admissions and Continued Occupancy Policy (ACOP) was
adopted by its Commission on March 10, 2009 and made effective April 1, 2009. HACMB's Fair
Housing and Equal Housing Opportunity policies embodied in Chapter 2 of its ACOP. The policy
expressly required affirmative steps to be taken make certain that families are aware of all
applicable fair housing and civil rights laws by incorporating the information into the orientation
process. The policy is comprehensive and provides for nondiscrimination in its programs, policies
related to persons with disabilities, procedures for processing reasonable accommodation
requests, and program accessibility for persons with mobility, hearing, or visual impairments.
The policy also provides for ensuring access to services for LEP persons (persons with limited
English proficiency). Procedures for the filing of complaints with HACMB and/or US HUD's Office
of Fair Housing& Equal Opportunity are also outlined in the policy.
Fair Housing Implication(s): Compliance of the PHA with 504, Title VI, and other Civil Rights
Related Program Requirements is an active, ongoing requirement.
D. Housing Programs
The Miami Beach Code of Ordinances, Chapter 58 (Housing), Article II, creates and establishes
the City's local housing assistance program, trust fund, partnership, and Affordable Housing
Advisory Committee.
The intent of the local housing assistance program is to increase the availability of affordable
housing units by combining local resources and cost-saving measures into a local housing
24
Page 104 of 865
partnership and using private and public funds to reduce the cost of housing and promote
leveraging of public and private funds to provide affordable housing to eligible persons. The
Housing and Community Development Division of the City shall be responsible for
implementation of the Local Housing Assistance Program.
The trust fund is established with a qualified depository. All moneys received from the state
pursuant to the State Housing Initiative Partnership Act and any other funds received or
budgeted to provide funding for the Local Housing Assistance Program are deposited into the
Local Housing Assistance Trust Fund.
The local housing partnership utilizes funds received from the state pursuant to the State Housing
Initiative Partnership Act to implement the Local Housing Assistance Program. The partnership
includes, but is not limited to, city representatives, community-based organizations, for-profit
housing developers, lending institutions, providers of professional services relating to affordable
housing and service organizations working on behalf of persons with special housing needs and
homebuilders. The partnership shall assist in the implementation of the local housing assistance
program.
The Affordable Housing Advisory Committee consists of members appointed by resolution of the
City Commission. The Committee reviews established policies and procedures, ordinances, land
development regulations and adopted local comprehensive plan of the City and recommends
specific initiatives to encourage or facilitate affordable housing, while protecting the property's
ability to appreciate. The City meets monthly with the Affordable Housing Advisory Committee
to evaluate the past and ongoing performance of activities and agencies funded by the City as
well as identify and assess evolving community needs. The activities funded by the City benefit
low- and moderate-income individuals, households and neighborhoods with a variety of services
including delivered food to address food insecurity among elderly residents, rent and utility
assistance to prevent homelessness, and programming for youth and elderly persons.
The City pursues and utilizes state and federal funds to assist in creating and/or preserving
housing affordable to very low- to moderate-income households and for special need
populations, including State Housing Initiatives Partnership (SHIP), CDBG, and HOME funds. The
City cooperates with affordable housing developers' efforts to leverage Miami-Dade County
Surtax funds and other financial incentives for the provision of affordable housing.
The City has worked to market its First-Time Homebuyer Program funded with SHIP and HOME
funds to build its affordable rental housing stock to meet the needs of area workers, elder
residents who have left the workforce, and entry-level workers in our area workforce who make
low wages and may have to commute far distances to maintain their employment.
Fair Housing Implication(s): The receipt of CDBG and other housing related federal funding from
U.S. HUD requires compliance with fair housing, civil rights related program requirements,
affirmative fair housing marketing, and accessibility.
25
Page 105 of 865
E. Planning&Zoning/Building Codes/Accessibility
Due to the built-out conditions within Miami Beach,the City emphasizes policies designed
to preserve and/or rehabilitate existing housing. The City maintains a minimum of 40%of its land
area that is designated so as to permit residential uses (excluding rights-of-way) and 25 % of the
City's total land area (excluding rights-of-way) as areas in which land use policies are either
designed to encourage, or mitigated to allow for, housing affordable to very low-to moderate-
income families. To ensure adequate sites for group homes and other congregate living facilities,
the City maintains a minimum of 20% of the City's total land area designated so as to permit
"community residential homes" licensed or funded by the Florida Department of Children and
Families and assisted living facilities for the elderly and other special need populations.
The Miami Beach Code of Ordinances, Chapter 58 (Housing), addresses affordable
housing,fair housing,group homes, community residential homes, inclusionary zoning practices,
and bonus densities for affordable housing. The City mitigates zoning regulations, such as
reduced parking requirements or shared parking in the case of a mixed-use building,that impede
housing affordability for very low- to moderate-income families in all zoning districts which
permit multifamily housing.
The City Code contains policies intended to facilitate development of affordable housing
for low- and/or moderate-income elderly persons. The initial regulations adopted in 2008
reduced the parking requirements and the minimum average unit size for projects in new and
rehabilitated buildings in order to make such projects more affordable. In order to ensure that
the purpose of the amendment was met, the ordinance contained specific definitions and
mandatory criteria for such qualifying projects. In 2017,the Code was further modified to extend
these policies to affordable housing projects certified for low- and/or moderate-income
nonelderly persons.The minimum unit size was set at 400 square feet for rehabilitated buildings
and 550 square feet for new construction.
In order to further facilitate the construction of affordable housing, ordinance 2017-4148
reduces the minimum and average unit size to 400 square feet across all zoning districts within
the City where multifamily residential units are allowed. Parking requirements are also reduced
from 0.5 spaces per unit to 0 for elderly housing, and from 1 space per unit to 0.5 for low-and/or
moderate income non-elderly persons.The number of on-site affordable housing units within an
existing building is allowed to be increased, both within an existing building and within any new
construction on site, with no additional parking requirements.
The resident workforce is leaving the City in search of affordable housing and new
employees are being deterred by the high cost of living. In order to address the critical shortage
of affordable and workforce housing, the City's Code provides for the creation of workforce
housing. The construction of workforce housing is intended to: (1) allow households with
incomes at or below 140 % of the area-wide median income to have greater housing choices in
the City; (2)increase the availability of housing in the City for public employees and other workers
whose income cannot support the high cost of housing that is located close to their workplace
26
Page 106 of 865
and who, as a result, are increasingly priced out of housing opportunities; (3) assist City
employers in reducing critical labor shortages of skilled and semi- skilled workers by providing
housing that will be accessible to the workers' workplaces; and ( 4) reduce traffic congestion by
shortening commute distances for employees who work in the City but who otherwise would live
elsewhere and encouraging more employees to live in the City rather than commute.
The Code also reduces the parking requirements for workforce housing units. Further, it
allows workforce housing units to be established on a site with an existing building without
providing parking for the existing or additional units.
The City's Land Development Regulations and housing activities are administered in
accordance with Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, the
Florida Fair Housing Act; Chapter 760 F.S., and Section 62-88 of the City of Miami Beach Code of
Ordinances.
In an effort to provide more affordable housing,non-traditional housing options are being
considered. In 2019, the City's Land Use and Development Committee recommended, and the
City Commission later approved,the rental of accessory dwelling units (ADUs) or "granny flats."
ADUs are additional housing units on a residential property that are either attached to or
detached from that property's main building. Micro housing units and co-living arrangements
are also being contemplated.
The Planning Department, which includes zoning review, streamlines the housing
approval and permitting process in coordination with the Building Department through the
expedited processing of permits for affordable housing projects. This incentive gives priority to
designated affordable housing projects when scheduling pre-design conferences with all relevant
agencies. Priority is given to the plans once they are ready for permitting.
For metropolitan jurisdictions, serious consideration should be given to ways they can
participate in cooperative, inter-jurisdictional planning for construction of assisted housing.
Local government policies that, for example, limit or exclude housing facilities for persons with
disabilities or homeless people from certain residential areas may violate the provisions of the
Fair Housing Act by directly or indirectly limiting the housing opportunities of persons with
disabilities and minorities. Building codes which require certain amenities or setbacks also affect
the feasibility of providing low- and moderate-income housing development.
Fair Housing Implication(s):NIMBYism (Not in My Back Yard)
Even when other governmental zoning policies are permissive, neighborhood residents
often resist placement of certain types of housing in their area and care must be taken to ensure
that such limitations do not disproportionately impact the housing choices of people from
protected classes. The development of new housing without parking units is also being taken
into consideration. People with cars will be less likely to feel able or welcome to live in places
where they do not have parking guaranteed, so the creation of parking-free residential
27
Page 107 of 865
developments will reduce the housing options for these people. Furthermore,prohibiting parking
solely for affordable housing developments could result in fair housing claims by those affected.
Accessibility
New dwelling units having all the living space on one floor and forming part of multi-family
buildings comprised of four or more units, whether apartments, condominium or townhouses,
must be accessible and must meet the following minimum requirements in accordance with the
regulations of the Fair Housing Act which is part of the Florida Building Code, Chapter 11:
o At least one accessible building entrance on an accessible route
o Accessible and usable public and common use areas
o All doors designed to allow passage by wheelchair users
o Accessible route into and through the dwelling unit
o Light switches, electrical outlets,thermostats,and other environmental controls must be
accessible
o Bathroom walls must contain reinforcements in the walls to allow later installation of grab
bars around toilets, tubs, shower stalls and seats
o Kitchens and bathrooms must be accessible and contain adequate maneuvering space
Miami Beach's Human Rights Ordinance32 makes several requirements for multifamily
dwellings submitted for building permit on or after March 1, 1990, and first occupied after March
13, 1991. These buildings must be designed and constructed in such a manner where the public
use and common use areas are readily accessible to and usable by handicapped persons. Further,
all of the doors must be sufficiently wide to allow passage by persons in wheelchairs, and the
following adaptive design features must be present throughout the premises:
1. An accessible route into and throughout the dwelling;
2. Light switches, electrical outlets, thermostats and other environmental controls in
accessible locations;
3. Reinforcements in the bathroom walls to allow later installation of grab bars; and
4. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver
about the space.
F. Homeless Needs
The Miami-Dade County Homeless Trust (Trust) serves as the lead agency for the Miami-
Dade County Continuum of Care (CoC) which is governed by the Miami-Dade County Homeless
Trust Board,comprised of broad-based membership which includes representation from the City.
32(Ord. No.92-2824,§1(25A-7),12-2-92;Ord. No.2002-3343,§6,1-9-02;Ord. No.2016-4034,§1,9-27-16)
28
Page 108 of 865
Recommendations from sub-committees and Homeless Trust staff, as well as feedback from
community meetings with providers, are utilized to guide policy development for the CoC. The
Homeless Trust organizes and directs the Miami-Dade County Homeless Plan.
The City of Miami Beach's Homeless Outreach Team provides homeless outreach,
partially funded by the Trust, to those homeless in the City in accordance with the Trust's
Outreach, Assessment and Placement model. The model provides a standardized procedure for
homeless persons to access the Continuum of Care and ensures they access services appropriate
to their individual needs.
Miami Beach, like much of the country, has a significant number of homeless people.
Unlike the rest of the country,the City has the shelter capacity to serve its population proactively.
The City has been making gains in reducing its overall daily homeless population. While most
major metropolitan cities face shelter shortages and often turn homeless people away because
of space constraints, the City of Miami Beach has had an average daily shelter vacancy rate of
7.409 beds. The City has access to up to 40 beds funded by the Miami-Dade County Homeless
Trust and purchases an additional 52 beds from three shelters:The Salvation Army, Miami Rescue
Mission and Camillus House. While the City does not control service provision for the Trust-
funded beds,the City requires shelters to provide care coordination services with City-purchased
beds ensuring that clients are provided the tools and support to successfully transition to
sustainable independence.
The official count of the City's homeless population is measured through the annual Point-
in-Time Homeless Census managed by the Miami-Dade County Homeless Trust and reported to
the US Department of Housing and Urban Development. While a biannual census count is held,
the winter (January) count is the one held as the formal, official homeless census.33
Point in Time Homeless Census Counts for Miami Beach
Aug. 2009 232 Jan. 2012 173 Aug. 2014 156 Jan. 2017 133
Jan. 2010 149 Aug. 2012 186 Jan. 2015 193 Aug. 2017 143
Sept. 2010 196 Jan. 2013 138 Aug. 2015 196 Jan. 2018 124
Jan. 2011 177 Aug. 2013 106 Jan. 2016 156 Aug. 2018 183
June. 2011 218 Jan. 2014 122 Aug. 2016 208 Jan. 2019 153
The City of Miami Beach has created a comprehensive homeless strategy that emphasizes
personal accountability, intradepartmental collaboration and innovation that responds to our
community's unique needs and assets.The City works alongside its partners, such as the Miami-
Dade County Homeless Trust and the Continuum of Care providers,to align priorities and funding
across the continuum for programs addressing the needs of Miami Beach residents experiencing
or at-risk of homelessness.
as http://www.homelesstrust.org/library/lanuary-homeless-census-results-and-comparison-2018-2019.pdf
https://www.myflfamilies.com/service-programs/homelessness/docs/2019CouncilReport.pdf
29
Page 109 of 865
Historically,the City's goal has been to end homelessness.To achieve this,the homeless must
transition into permanent housing and not return to the streets to panhandle or engage in illicit
activity.The City's shelter beds, with an annual cost of$623,123, are available for use by people
prepared to end their homelessness.These beds are located at three different shelters to ensure
that the City can offer placements appropriate to the homeless person seeking help:
• Camillus House for Single Men
• Miami Rescue Mission for Single Men
• The Salvation Army for Single Men, Single Women, Families w/Children
IV. HOUSING MARKET TRENDS
A. Lending Disparity Profile, 2014-2017
The Home Mortgage Disclosure Act (NMDA) requires that certain financial institutions
(banks, savings associations, credit unions, and other mortgage lending institutions) make public
a wide range of loan application data regarding loan approval decisions, borrower demographics,
and property characteristics.
While HMDA is essential in understanding the mortgage climate, it should be noted that HMDA
data does have its limitations. In particular, it does not take into consideration how the loan
decisions were made. These and other issues must be taken into consideration when drawing
conclusions about the findings.
In order to access HMDA data for specific geographical areas for analysis, LendingPatternsT",34
software was utilized in the preparation of this document. LendingPatternsTM is a web-based data
mining and exploration tool that analyzes millions of records for thousands of lenders to produce
reports on,numerous aspects of mortgage lending in the United States. LendingPatternsTM allows
the user to isolate a specific geographical area by census tract. The census tract locations for the
HMDA data are based on the 2010 census and include all loans in the census tracts within the
boundaries of Miami Beach.
Miami Beach lending data for a period of four years (2013-201735) was obtained in order
to identify disparities in home mortgage lending. The following types of loans are the focus of
the analysis:
• All lenders
• Loan Amount: Conforming and Jumbo
• Loan Status: Secured by First Lien
34 More information about LendingPatternsTM software is available at www.lendingpatterns.com.
35 2017 represents the latest available year for complete HMDA data available at the time this document was
prepared.
30
Page 110 of 865
• • Loan purpose: Home Purchase and Refinancing loans
• Property Type: 1-4 Unit Family
• Loan Type: Conventional, FHA and VA loans
• Occupancy Type: Owner Occupied and Non-Owner Occupied
• Spread: Reported and Not Reported
Over the four years from 2014 to 2017, Non-Hispanic White applicants consistently
submitted the highest numbers of applications, followed by Hispanic applicants.
Loan Origination Volume by Race-City of Miami Beach
2014-2017
800 749
693 ( 696
700 " —
610
®White
600
•Black
500
®Hispanic
405 37R
400 344 367 ®Asian
■Native American
300 ®Hawaiian
r.a Multi Race
200
•
.r:
,a` a Unk/NA
100 32 . 3 30 c0 3
2014 2015 2016 2017
31
Page 111 of 865
Origination Rate by Race- Miami Beach
2014-2017
60.00% -V 56.10%
53 00 53.57%
47.56% -`s1 . 0 ry
50.00% 43.4900 - 45.45%145.46% - 44.70%23%
50°/ - 41.95%'
a.1 ,1 coo. C 11'o. -
40.00% 4r ,
=' -, White
i 4 ` ®Black
30.00% 444 {
j , ®Hispanic
20.00% y - •'
1 w: 4 i g
10.00% . ',, u .'
h t• - 4
I-
F 1,,,; i - i t.' I
0.00% r ..ss.�,..�/r i 9 � _..
2014 2015 2016 2017
Denial Rate by Race- Miami Beach
2014-2017
-s,.x x m- ',,,,,,�` .'i'-‘..;_:1 t�., -c ,-.: # * . 31.71%
2014 29.84%
42:0%
2:.21%
-
-- - 29.52%
2015 33.90% n Asian
_ 27.0.
-
®Hispanic
:LL +-' , -..-f''''.)'` - ' 25.00% ®Black
2016 31.30%
- _ - 2:.36% ®White
r 9.26%
- •8.85%
26.070,
2017 • -, - - V 34.55%
24.55%
0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% 45.00%
32
Page 112 of 865
Percent of All Loans Originated by Race
2014-2017
Chart Title
60.00%
50.88% 49.31% 49.36% o'
50.00% - - 48.41%
}
t
40.00%
30.00% 26.66%
° '-• 29.12%
25.26% • 26.80% ,;
20.56% 19.82% 19.43% o
20.00% _ 18.47/0
x]3.75
10.00%
*1.49°0 69° X1.51° '1.97° X1.91 2.13 {' .251
0.00% ;11min `-a ®_ _r r1® 7r. ni III -
2014 2015 2016 2017
0 White ■Black El Hispanic 0 Asian i Unk/NA
In 2014, there were a total of 2,822 loan applications. Of all the loan applications, 1,362
or 48.26% were originated and 786 or 27.85% were denied. With respect to loan decisions by
race and ethnicity, Asian applicants have the highest origination rate at 56.10%, however they
represent only 1.45% of all loan applications and 1.69% of all loans originated. White applicants
represent the largest volume of applications at 51.63%of all applications. Whites also represent
50.88% of all loans originated, with an origination rate of 47.56% (by race/ethnicity). When the
numbers are analyzed individually by race and ethnicity, White (47.56%) and Asian (56.10%)
applicants had a greater chance to have a loan originated than Black (42.50%) and Hispanic
(43.49%). White (28.21%), Hispanic(29.84%),and Asian (31.71%) applicants were also less likely
to be denied a loan (by race/ethnicity)than Black(42.50%),applicants.
All Loans 2014 .Originations Denials Total
Race # % # % Applications
White 693 47.56 411 28.21 1,457
Black 17 42.50 17 42.50 40
Hispanic 344 43.49 236 29.84 791
Asian 23 56.10 13 31.71 41
Native American 2 l 40.00 1 20.00 15
I Hawaiian 1 33.33 2 66.67 3
MultiRace 2 66.67 1 33.33 ' 3
Unk/NA 280 58.09 1 105 21.78 482
Totals 1,362 48.26 786 27.85 2,822
33
Page 113 of 865
In 2015,there were a total of 3,162 loan applications. Of all the loan applications, 1,519
or 48.04% were originated and 855 or 27.04% were denied. With respect to loan decisions
by race and ethnicity, Asian applicants have the highest origination rate at 53.57%, however
represent only 1.77%of all loan applications and 1.97%of all loans originated.White applicants
represent the largest volume of applications at 48.39% of all applications. Whites also
represent 49.31%of all loans originated,with an origination rate of 48.95%(by race/ethnicity).
When the numbers are analyzed individually by race and ethnicity, White (48.95%) and Asian
(53.57%) applicants had a greater chance to have a loan originated than Blacks (38.98%) and
Hispanic (45.45%). White (27.06%), Hispanic (29.52%), and Asian (23.21%) applicants were
also less likely to be denied a loan (by race/ethnicity)than Black(33.90%)applicants.
All Loans 2015 Originations Denials Total
Race # % # % #
White 749 48.95 414 27.06 1,530
Black 123 138.98 20 33.90 59
Hispanic 405 45.45 263 29.52 891
Asian 30 53.57 13 23.21 56 1
Native American ( 2 150.00 2 1 50.00 1 4
Hawaiian 3 60.00 1 1 20.00 5
MultiRace 6 42.86 4 28.57 14
Unk/NA 301 49.92 1
138 22.89 603
Totals 1,519 48.04 1 855 27.04 3,162
In 2016, there were a total of 3,125 loan applications. Of all the loan applications, 1,410 or
45.12% were originated and 928 or 29.70% were denied. With respect to loan decisions by
race and ethnicity, Asian applicants have the highest origination rate at 53.57%, however
represent only 1.79%of all loan applications and 2.13%of all loans originated.White applicants
represent the largest volume of applications at 48.99% of all applications. Whites also
represent 49.36%of all loans originated,with an origination rate of 45.46% (by race/ethnicity).
When the numbers are analyzed individually by race and ethnicity, White (45.46%) and Asian
(53.57%) applicants had a greater chance to have a loan originated than Blacks (40.30%) and
Hispanics (41.45%). White (29.26%), Black(28.36%), and Asian (25%) applicants were also less
likely to be denied a loan (by race/ethnicity) than Hispanics (31.30%), applicants. •
All Loans 2016 Originations Denials Total
Race # % # % Apps
White 696 45.46 448 29.26 1,531
Black 27 40.30 19 28.36 ; 67
Hispanic j 378 ; 41.95 282 ; 31.30 901
Asian 30 , 53.57 14 25.00 56
Native American 0 ; 0.00 0 0.00 0
Hawaiian j 1 50.00 0 0.00 2
MultiRace 1 4 40.00 5 50.00 110
Unk/NA 274 49.10 160 28.67 1 558 1
Totals 1,410 45.12 928 29.70 1 3,125 i
34
Page 114 of 865
In 2017,there were a total of 2,635 loan applications. Of all the loan applications, 1,260
or 47.82% were originated and 684 or 25.96% were denied. White applicants represent the
largest volume of applications at 47.82% of all applications and percentage of all loans
originated (48.41%),with the highest origination rate of all loans at 50.25%(by race/ethnicity).
When the numbers are analyzed individually by race and ethnicity, Whites (50.25%) had a
greater chance to have a loan originated than Black (40.00%), Asian (44.23%), and Hispanic
(45.45%) applicants. White (24.55%), Hispanic (26.07%), and Asian (28.85%) applicants were
also less likely to be denied a loan (by race/ethnicity) than Black (34.55%) applicants.
All Loans 2017 Originations Denials Total
Race # % It % #
White 610 50.25 298 24.55 1,214
I Black 22 40.00 19 34.55 55
Hispanic 367 j 44.70 214 26.07 821
Asian I 23 { 44.23 15 28.85 52
Native American 1 50.00 0 0.00 2
Hawaiian 0 ! 0.00 2 100.00 2
MultiRace 5 55.56 1 11.11 9
I Unk/NA 232 48.33 135 28.13 480
Totals 1,260 47.82 684 25.96 2,635
The above cited data from Lender Disparity Profile reports reveal that lenders, originate
significantly fewer loans for Black and "unknown race" applicants than Whites, deny significantly
more Black than White loan applicants, and report people of "unknown" race as having chosen
not to follow through with approved loans with locked rates more often than White applicants.
Although this data does is not unequivocally indicative of discrimination, it clearly shows
differential, inferior treatment of Black and "unknown" race applicants.
While HMDA is essential in understanding the mortgage climate, it should be noted that HMDA
data does have its limitations. Of particular note, HMDA does not take into consideration how
the loan decisions were made. These and other issues must be taken into consideration when
drawing conclusions about the findings. The data does, however, provide information about
possible trends in the City's mortgage lending. The 2014-2017 HMDA data clearly shows a trend
with respect to the high levels of denials of loans to Black applicants.
Black and Hispanic borrowers also face inequity in many of the main factors that lead up to
applying for loans in the first place, including credit,36 rental history/opportunities,37
employment,38 and banking.39 And actually, even when applying for loans with the same
creditworthiness (when those main factors are all the same), Black and Hispanic borrowers are
36 https://www.cnbc.com/2019/09/01/many-minorities-avoid-seeking-credit-due-to-decades-of-
discrimination.html
37 https://nationalfairhousing.org/wp-content/uploads/2019/10/2019-Trends-Report.pdf
38 https://hbr.org/2017/10/hiring-discrimination-against-black-americans-hasnt-declined-in-25-years
ae https://dly8sb8igg2f8e.cloudfront.net/documents/The Racialized Costs of Banking 2018-06-20 205129.pdf
35
Page 115 of 865
still frequently given less favorable lending options and conditions, compared to White
borrowers.40 That is,one White person and one Black person coming to the mortgage application
process with the same application are still likely to be subject to different loan decisions, with
patterns of these decisions repeatedly falling along racial lines.41
Fair Housing Implication(s):
Disparities in lending practices indicate a need for industry training in Fair Housing and Fair
Lending laws and consumer education regarding lending processes, access to credit for
homeownership, and avoiding abusive lending practices.
B. Foreclosures & Related Trends
The relationship between housing discrimination and the foreclosure crisis of 2007
highlights the importance of foreclosure data as an index not only of the financial health of our
communities, but also of the public well-being as regards fair housing/civil rights.The foreclosure
crisis was one of the prime catalysts of the Great Recession of 2007.The chief cause of the Great
Recession was the result of investors (particularly large banks and even Freddie Mac) unwisely
investing in risky mortgage-backed securities which plummeted in value as risky loans defaulted
in domino fashion resulting in a flood of foreclosures. Investment banks,financial companies and
other large firms fell into bankruptcy or faced possible collapse, some only to be rescued by
government bail outs.
Princeton University scholars conducted a 2019 study published in the American
Sociological Review which argued that racial segregation, in addition to excessive home
construction, high-risk lending methods, lenient lender regulation, and the steep decline of
housing prices, was a significant causal force behind the foreclosure crisis. The writers Jacob S.
Rugh and Douglas S. Massey recounted how segregation provided for a geographically
identifiable market that was exploited by being selectively targeted with high-risk, subprime
loans. Their statistical analyses generated evidence that Black segregation was a causal, rather
than a coincidental,factor in the abundant foreclosures that precipitated the Great Recession.
While the market has changed in the last decade following the foreclosure crisis, it is
important to note the lessons of the past, lest we repeat them in the future. The HUD Office of
Policy Development and Research online magazine, PDR Edge, indicated that unemployment is
one of the causes of mortgage default. According to the March 2019 United States Department
of Housing and Urban Development (US HUD) HUD Comprehensive Housing Market Analysis,
Miami-Miami Beach-Kendall, unemployment is currently at 3.8% for the subject area as
compared to the 11.1% unemployment existent at the end of the foreclosure crisis in our area.
According to the study, sales for the period ending February 2019 were balanced, in stark
contrast to the excessively turbulent, high-volume sales that heralded the foreclosure crisis.
ao https://ncrc.org/wp-content/uploads/2009/07/ncrc%20nosheild%20iune%2009.pdf
al https://ncrc.org/wp-content/uploads/2009/07/ncrc%20nosheild%20iune%2009.pdf
36
Page 116 of 865
The reappearance of higher-risk loans is an important feature to monitor to ensure that
a return to the practice of targeting people of color for these loan products is not an echo of the
past that can lead to injustices as mentioned above. According to an August 2019 Wall Street
Journal(WSJ) article, the bank regulations that were passed in response to the foreclosure crisis
of almost a decade ago are progressively eroding. Although we no longer see the same kinds of
risky loans as were prevalent in the run up to the crisis, other risky loan products (e.g. non-
qualified loans) are beginning to be made available to home loan borrowers with low credit
scores or large debt burdens. So far, these practices have not yet manifested in increased
foreclosures nationwide, but the current march to curtail lender regulation only increases the
potential for another such foreclosure crisis.
The graph below illustrates the rising trend in unconventional mortgages from 2008 to mid-2019:
Origination of unconventional mortgages
S70 billion
60
50 !
40
X
•First half
30
N
20 '
10 t .... _ .
r. s
1 _
r
2008 09 10 '11 -12 •i3 "i4 •15 'I6 -17 •i8 '19
. Source:Inside Mortgage Finance (as published August 21, 2019, WSJ)
RealtyTrac reported that in September 2019, US foreclosures were down 11% compared
to the same time in 2018. Florida foreclosures were reported as being down 26%, Miami-Dade
foreclosures were down 26% and Miami Beach foreclosures were down 7% compared to the
same time last year.The report also indicated the following foreclosure data:
• 1 in every 2,767 homes in the United States is in foreclosure (.04% of US homes)
• 1 of every 2,006 homes in Florida (.05%) is in foreclosure
• 1 of every 1967 homes Miami-Dade County (.05%) is in foreclosure •
• 1 of every 3456 homes in Miami Beach (.03%) is in foreclosure
37
Page 117 of 865
Although the overall foreclosure rates for Florida and Miami-Dade County ranked higher than the
national rate, Miami Beach's overall foreclosure rate ranked lower than the US rate.
The following chart provides a graphic representation of the trend of decreasing.Miami
Beach foreclosures for the one-year period ending September 2019:
ilii Total Foreclosures
50----- -- 50
r"
3 3— 30
vS
5a
3
94.$ Nov i8 Jin'i9 I,�ar"19 ,r EtV19 JuC199 Sep i9 `t
RealtyTrac, September 2019
The following chart provides a comparison of the percentages of dwelling units, by area
(city, county, state, national), that were in foreclosure as of September 2019: ,
Es Miami Beach ® Florida l 1 tdational
EM Miami Dade
0.06-
0 05%
.06-
0.05> 0.05%:
K 0.0-
1 0.03; ,A-$11 ,. r—---1
a_ ,
0.00-, �.� s3 w
Miami Miami- Florida t.ationat
Beach Dade
RealtyTrac,September 2019
,
38
Page 118 of 865
Miami-Dade County's Clerk of the Courts website (November 4, 2019) confirms the
county-wide downward trend of foreclosure filings since the beginning of the calendar year:476
in January, 545 in February, 478 in March, 532 in April, 497 in May, 384 in June, 402 in July, 425
in August, and 338 foreclosure filings in September 2019.
Miami-Dade County foreclosure filings, 2019
600 - -
500 `
3 1
{.
oNa 400
4 i
cu
`5 300 -
0200 ..
Li-
; sA
D .,
Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19
Despite these encouraging trends, it is important to monitor these trends to prevent the
recurrence of pronounced civil rights abuses being perpetrated in the lending sector as well as
the threat of another economic downturn resulting from such injustices.
Zillow describes the housing market temperature as the market condition based on three
factors: "list-to-sale price ratio", the "prevalence of price cuts on home listings" and "time-on-
market." According to data compiled by Zillow as of October 31, 2019, although the market
temperature of both the United States and Florida is described as "very hot", the market
temperature of Miami Beach is described as "very cold". This relative market slowdown could
portend a future increase in foreclosures if at-risk sellers are unable to find buyers for their
properties.
The median Miami Beach home value has gone up 2.3%over the past year compared with
an increase of 4.1%for Florida and 4.7%for the entire United States.
Another factor that highlights the health of the Miami Beach real estate market is the
community's loan delinquency rate as compared to the state and nation. According to Zillow's
most recent data,the percentage of homes in Miami Beach that were delinquent on loans is 1.5%
as compared to 1.4%for Florida and 1.1%for the United States.
39
Page 119 of 865
Negative equity is the term used to describe the situation in which a homeowner owes
more on her or his home than it is worth. Sometimes called "upside down" or "underwater"
mortgages, these mortgages are also an indicator of housing market health and a predictive
factor for foreclosures. According to HUD's Office of Policy Development and Research online
magazine, PDR Edge, negative equity mortgages affect wealth accumulation and financial
freedom, restrict families' .abilities to relocate as they await market upturns, and result in
mortgage defaults.The PDR Edge article also described how mortgage defaults exert a downward
pressure on area home prices resulting in increased negative equity occurrences.Zillow reported
that the delinquent mortgage rate for Miami Beach was 14.5% of area mortgages as compared
to 7.0%for Florida and 8.2%for the entire region.
•
All told,the factors in Miami Beach that affect foreclosures, and foreclosures themselves,
offer optimism in some areas and raise concerns in others. Unemployment in the city is much
lower that it was prior to the Great Recession and the community's housing market is
considerably more stable now that it was then. Foreclosures are down in the city, but not nearly
to the extent that they have decreased statewide and across the nation. Median home value in
Miami Beach has increased, but again, not nearly as robustly as it has throughout the state and
the nation. Mortgage delinquency is only marginally greater in the city as compared to the state,
but it is approximately 50% greater than the rest of the country. Finally, homes with negative
equity ("upside down" mortgages) are substantially more common in Miami Beach than the rest
of the state or nation.
Fair Housing Implications: Delinquent mortgage rates in Miami Beach that exceed the state and
regional rates show the greater pressure put on local homeowners and the need for increased
homeownership education and training for consumers and providers alike.
C. Evictions
Evictions are involuntary expulsions of renters. Evictions most often are the result of non-
payment of rent but may also occur because of occupancy by people not on the lease, property
damage, or renters violating the law. 42 •
Evictions have great impact upon poor families. Nationally, low-income households
(bottom quintile of the income distribution) typically spend more than half of their incomes on
rent and are left with less than $500 a month for other expenses.43 Additionally,the percentage
of income spent on rent for these households went up about 10% between 2000 and 2017.44
While housing costs continue to escalate, wages for the poor remain stagnant. Affordable
housing programs benefit only 25% of families who are eligible for such programs. Dealing with
42 https://evictionlab.org/map/#/2016?geography=cities&bounds=-80.783,25.502,-
79.509,26.078&type=er&locations=1245025,-80.14,25.817
43 https://www.federalreserve.gov/econres/notes/feds-notes/assessing-the-severity-of-rent-burden-on-low-
income-families-20171222.htm
44 https://www.federalreserve.gov/econres/notes/feds-notes/assessing-the-severity-of-rent-burden-on-low-
income-families-20171222.htm
40
Page 120 of 865
such housing affordability challenges, poor families find it particularly difficult to meet their
housing cost obligations, especially because living on such tight budgets makes them more
susceptible to eviction when confronted with unexpected expenditures.45
Nationwide, poor women of color are at higher risk of eviction, as are victims of domestic
violence and families with children. Evictions escalate the cycle of poverty. Once a renter is
evicted, that eviction record makes it difficult to obtain rental housing in decent, safe and
affordable housing because landlords use eviction records to screen tenants. Evictions also
impact a family's financial well-being when their possessions are ejected onto the curb by
landlords and possessions placed in storage incur storage fees or are lost when such fees cannot
be paid. Evictions have been shown to cause job loss and mental health problems.46 A 2017 ACLU
article cited a series of studies indicating that people of color represent 80% of those facing
eviction. 47
There were 344 evictions in Miami Beach in 2016, amounting to 0.94 households evicted
every day. 1.09 in 100 renter homes are evicted each year. Eviction rates in Miami Beach (the
number of evictions per 100 renter-occupied households) have remained below the state and
national rates for the years 2009 through 2016 as exemplified in the following graph:
EVICTION RATES
Miami Beach —I—Florida —ti4United States
3.50% 3.08% 3.17%
2.95% - 3.00%
3.00% ..rr
2.91% 2.95%b 2.91% ° 2.6 % 2.50% 2.53% 2.53%
2.50% — . . . _
2.68°or" •
2 55% 2.48%
2.43% 2.38% 2.34%
2.00%
1.83% — -_-
• 1.50% 1.78%
1.63% 1.66%
1.00% 1.29% 4.
1.09%
0.50% , V
0.00%
2009 2010 2011 2012 2013 2014 2015 2016
Source: Eviction Lab at Princeton University
45 https://evictionlab.org/map/#/2016?geography=cities&bounds=-80.783,25.502,-
79.509,26.078&type=er&locations=1245025,-80.14,25.817
46'bid
47 ACLU,Unfair Eviction Screening Policies Are Disproportionately Blacklisting Black Women,Sandra Park,3/30/17,
https://www.aclu,org/bldg/womens-rights/violence-against-women/unfair-eviction-screening-policies-a re-
disproportionately
41
Page 121 of 865
V. JURISDICTION'S FAIR HOUSING PROFILE
A. Fair Housing Laws, Enforcement Agencies &Complaint Data
Federal Fair Housing Act/U.S. HUD, Office of Fair Housing& Equal Opportunity
The Federal Fair HousingAct48 prohibits discrimination on the basis of race,color,national
origin, religion, sex, familial status, and disability. The U.S. Department of Housing and Urban
Development,,Office of Fair Housing and Equal Opportunity,is charged with enforcing the Federal
Fair Housing.Act. The Act contains administrative enforcement mechanisms,with HUD attorneys
bringing actions before administrative law judges (AUs) on behalf of those facing housing
discrimination and gives the Justice Department jurisdiction to bring suit on behalf of victims in
Federal district courts. In connection with prohibitions on discrimination against individuals with
disabilities, the Act contains design and construction accessibility provisions for certain new
multifamily dwellings developed for first occupancy on or after March 13, 1991.
HUD has had a lead role in administering the Fair Housing Act since its adoption in 1968.
The 1988 amendments, however, have greatly increased the Department's enforcement role.
First, the newly protected classes (disability and familial status) have proven significant sources
of new complaints. Second, HUD's expanded enforcement role took the Department beyond
investigation and conciliation into the mandatory enforcement area. Complaints filed with HUD
are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is
not successfully conciliated, then FHEO determines whether reasonable cause exists to believe
that a discriminatory housing practice has occurred.Where reasonable cause is found,the parties
to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of
Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party-
- complainant or respondent -- may cause the HUD-scheduled administrative proceeding to be
terminated by electing instead to have the matter litigated in federal court. Whenever a party
has so elected, the Department of Justice takes over HUD's role as counsel seeking resolution of
the charge on behalf of aggrieved persons, and the matter proceeds as a civil action. Either form
of action --the AU proceeding or the civil action in federal district court-- is subject to review in
the U. S. Court of Appeals. 49
Florida Fair Housing Act/Florida Commission on Human Relations
The Florida Fair Housing Act50 was passed by the Florida Legislature in 1983 and amended
in 1989. The Florida Fair Housing Act parallels the Federal Fair Housing Act. The Florida
Commission on Human Relations (FCHR) is a Fair Housing Assistance Program (FHAP) agency and
48 Title VIII of the Civil Rights Act of 1968,42 USC 3601.
49 http://www.hud.gov/fairhousing.
so State of Florida,Civil Rights Statutes,Title XLIX,Chapter 760.2.
42
Page 122 of 865
enforces Florida's state fair housing law. The Florida Fair Housing Act has been certified as
substantially equivalent to the federal law. Substantial equivalency certification takes place
when a state or local agency applies for certification and the U.S. Department of Housing and
Urban Development (HUD) determines that the agency enforces a law that provides substantive
rights, procedures, remedies and judicial review provisions that are substantially equivalent to
the federal Fair Housing Act. Substantially equivalent agencies are eligible to participate in the
Fair Housing Assistance Program (FHAP). FHAP permits HUD to use the services of substantially
equivalent state and local agencies in the enforcement of fair housing laws, and to reimburse
these agencies for services that assist in carrying out the spirit and letter of the federal Fair
Housing Act.
When HUD receives a complaint alleging a violation of state or local fair housing laws
administered by an interim certified or certified agency, HUD will generally refer the complaint
to the agency for investigation, conciliation and enforcement activities. Fair housing
professionals being based in the locality where the alleged discrimination occurred benefits all
parties to a housing discrimination complaint. These individuals often have a greater familiarity
with local housing stock and are in closer proximity to the site of the alleged discrimination,
offering greater efficiency in case processing.
Housing discrimination complaint data received from HUD for the period beginning March
1, 2015 and ending July 31, 2019 includes 21 complaints investigated by Florida Commission on
Human Relations (FCHR) and 9 complaints investigated by HUD. Disability complaints (16)
represented the most common basis of discrimination, followed by national origin (8), and race
(6). Half (15) of the cases resulted in a determination of no cause to believe housing
discrimination occurred. Settlement was reached in 5 of the cases.
US HUD/FCHR Miami Beach Housing Discrimination Complaints- March 2015 to July 2019)
Case HUD/ Filing Closure Bases Issues Case
Number FCHR Date Date Disposition
04-15- FCHR 03/12/15 06/04/15 Race Discriminatory terms, No cause
0403-8 conditions, privileges,or determination
services and facilities;
Discriminatory acts under
Section 818(coercion, Etc.)
04-15- FCHR 03/20/15 04/21/15 Disability Discrimination in No cause
0436-8 terms/conditions/privileges determination
relating to rental;
Discriminatory acts under
Section 818(coercion, Etc.);
Failure to make reasonable
accommodation
43
Page 123 of 865
04-15- FCHR 04/02/15 06/30/15 National Discriminatory refusal to rent; No cause
0480-8 Origin Discriminatory terms, determination
conditions, privileges,or
services and facilities
04-16- FCHR 10/28/15 02/05/16 Disability Discriminatory terms, Complainant
0088-8 conditions, privileges, or , failed to
services and facilities; cooperate
Otherwise deny or make
housing unavailable; Failure to
make reasonable
accommodation
04-16- FCHR 03/25/16 03/25/19 Disability Discrimination in Conciliation/
4454-8 terms/conditions/privileges settlement
relating to sale; Failure to make successful
reasonable accommodation $40,000
04-16- FCHR 04/25/16 07/26/16 Race Discriminatory terms, No cause
4580-8 i conditions, privileges, or determination
services and facilities; Other
discriminatory acts;
Discriminatory acts under
Section 818(coercion, Etc.)
04-16- FCHR 09/22/16 03/22/17 Disability Discriminatory refusal to rent; No cause
5394-8 Discriminatory terms, determination
conditions, privileges,or
services and facilities;
Otherwise deny or make
housing unavailable
04-17- FCHR 11/16/16 05/18/17 National Discriminatory terms, No cause
6036-8 Origin conditions, privileges,or determination
services and facilities
04-17- FCHR 11/17/16 03/17/17 Religion Discriminatory advertising, Conciliation/
6156-8 statements and notices; settlement
Discriminatory terms, successful
conditions, privileges,or
services and facilities
04-17- HUD 04/17/17 11/03/17 Disability Discriminatory terms, Conciliation/
7816-8 conditions, privileges,or settlement
services and facilities; Using successful-
ordinances to discriminate in $500,000
zoning and land use; Failure to
make reasonable
accommodation
44
Page 124 of 865
04-17- FCHR 04/27/17 09/15/17 Color, Discriminatory terms, No cause
7978-8 National conditions, privileges,or determination
Origin services and facilities
04-17- FCHR 04/28/17 06/30/17 Disability Discriminatory terms, Complainant
7994-8 conditions, privileges, or failed to
services and facilities; Failure to cooperate
make reasonable
accommodation
04-17- FCHR 05/11/17 09/29/17 Disability Failure to make reasonable Conciliation/
8129-8 accommodation settlement
successful
04-17- FCHR 09/28/17 08/07/18 National Discriminatory terms, No cause
9760-8 Origin, conditions, privileges, or determination
Religion services and facilities
04-18- FCHR 01/04/18 03/22/19 Disability Discrimination in No cause
0860-8 terms/conditions/privileges determination
relating to rental; Failure to
make reasonable
accommodation
04-18- HUD 01/31/18 05/31/19 Race, Discriminatory refusal to No cause
1217-8 Familial negotiate for sale; determination
Status Discriminatory terms,
conditions, privileges,or
services and facilities
04-18- HUD 02/01/18 05/07/19 Disability Discriminatory terms, No cause
1240-8 conditions, privileges,or determination
services and facilities; Failure to
make reasonable
accommodation
04-18- HUD 02/02/18 12/14/18 National Discriminatory advertising, No cause
1242-8 Origin, statements and notices; determination
Disability Discriminatory terms,
conditions, privileges, or
services and facilities;
Otherwise deny or make
housing unavailable;
Discriminatory acts under
Section 818 (coercion, Etc.)
04-18- HUD 02/12/18 12/14/18 National Discriminatory terms, No cause
1382-8 Origin, conditions, privileges,or determination
Disability services and facilities;
Otherwise deny or make
housing unavailable; Failure to
make reasonable
accommodation
45
Page 125 of 865
04-18- HUD 03/12/18 09/13/18 Sex Discriminatory terms, No cause
1724-8 conditions, privileges,or determination
services and facilities
04-18- FCHR 03/29/18 10/02/18 Disability Discriminatory terms, Complainant
1933-8 conditions, privileges,or failed to
services and facilities; Failure to cooperate
make reasonable
accommodation
04-18- FCHR 07/25/18 11/01/18 Disability Discriminatory terms, Conciliation/
3424-8 conditions, privileges, or settlement
services and facilities; successful-
Otherwise deny or make $4,592
housing unavailable; Failure to
make reasonable
accommodation
•
04-18- FCHR 08/22/18 Disability Discriminatory terms,
3848-8 conditions, privileges,or
services and facilities; Failure to
make reasonable
accommodation
04-18- FCHR 09/07/18 Race Discriminatory terms,
4051-8 conditions, privileges,or
services and facilities
04-19- FCHR 10/22/18 Race Discrimination in
4585-8 terms/conditions/privileges
relating to rental; Otherwise
deny or make housing
unavailable
04-19- FCHR 10/29/18 Sex, Discriminatory terms,
4685-8 Disability conditions, privileges, or
services and facilities;
Discriminatory acts under
Section 818(coercion, Etc.);
Failure to make reasonable
accommodation
04-19- FCHR 03/13/19 Disability Discriminatory terms,
6105-8 conditions, privileges,or
services and facilities;
Otherwise deny or make
housing unavailable; Failure to
•
make reasonable
accommodation
04-19- HUD 04/12/19 06/19/19 Race Discriminatory refusal to sell; No cause
6566-8 Discriminatory terms, determination
conditions, privileges,or
services and facilities
46
Page 126 of 865
04-19- HUD 06/13/19 07/03/19 National Discriminatory refusal to rent; Conciliation/
7367-8 Origin Discriminatory terms, settlement
conditions, privileges,or successful-
services and facilities $100
04-19- HUD 06/21/19 National Discriminatory terms,
7505-8 Origin conditions, privileges, or
services and facilities
Miami-Dade County/Miami-Dade County Commission on Human Rights
Miami-Dade County's civil and human rights ordinance is codified as Chapter 11A of
the Miami-Dade County Code, as amended.51 The ordinance prohibits discrimination against any
person in Miami-Dade County in the area of employment, public accommodations, credit and
financing practices, and housing accommodations on the basis of race, color, religion, ancestry,
national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation,
veteran status or source of income.
Unlike the state fair housing law, the Miami-Dade County ordinance currently does not
have substantial equivalency certification from U.S. HUD. Substantial equivalency certification
results in housing discrimination cases having the benefit of state or local complaint processing.
At the same time,the process assures that the substantive and procedural strength of the federal
Fair Housing Act will not be compromised.
The Miami-Dade County Commission on Human Rights is a quasi-judicial entity charged
with the enforcement of Miami-Dade County's civil and human rights ordinance, codified as
Chapter 11A of the Miami-Dade County Code,as amended. As part of the Office of Human Rights
and Fair Employment Practices Department, the Miami-Dade County Commission on Human
Rights promotes fairness and equal opportunity in employment, housing, public
accommodations, credit and financing practices, family leave and domestic violence leave. The
Commission on Human Rights receives, initiates, investigates, and conciliates complaints of
discrimination under federal, state and local laws. The services provided by the Commission on
Human Rights are available to all Miami-Dade County citizens.
From January 1, 2015 to December 31, 2018, the Miami-Dade County Commission on
Human Rights received 8 complaints from Miami Beach. There were no complaints received in
2017. Of the 8 complaints received,8 categories of protected classes of persons are represented.
Most of the complaints received allege 2 or more protected classes for a total of 17 counts among
the 8 categories. The 8 complaints also include 2 allegations of retaliation.
Si Miami Dade County Ordinance No.90-32,Chapter 11A,Article II.
47
Page 127 of 865
Miami-Dade County Commission on Human Rights
Housing:Discrimination Complaints, Miami Beach
January 1, 2015- December 31, 2018
Additional Protected Classes under
Federally Protected Classes
Miami-Dade County Ordinance
National Familial ,Marital. Sexual Source
Race Color Disability Retaliation "Age Total
Origin Status Status Orientation of Income
2015 2 1 1 1 3
2016 2 2 2
2017 0
2018 1 1 1 1
2019 1 1 1 2 1 1 1 2
Total 6 2 2 2 1 3 1 1 2 8
City of Miami Beach Human Rights Ordinances2
Originally adopted on October 29, 1992,the City's ordinance prohibits discrimination in
employment, housing, and public accommodations and promotes said opportunities without
regard to "actual or perceived differences of race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation. "In its declaration of policy, "(t)he city finds and declares that
prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby threaten the
rights and proper privileges of its inhabitants and menace the very institutions, foundations and
bedrock of a free, democratic society." (Ord. No. 2010-3669, § 1,,1-13-10; Ord. No. 2013-3828,
§ 1, 12-11-13; Ord. No. 2016-4034, § 1, 9-27-16)
The City of Miami Beach's Human Rights Ordinance establishes its Human Rights
Committee (MBHRC),whose duties include, amongst others, informing persons of the rights and
remedies provided by the Human Rights Ordinance. The MBHRC receives discrimination •
complaints in employment, housing, and public accommodations based on race, color, national
origin, religion, sex, gender identity, sexual orientation, marital and familial status, age or
disability. MBHRC investigates complaints within 180 days of the alleged discriminatory conduct.
Complaint forms are available in English, Spanish, and Creole and can be obtained online and at
Miami Beach City Hall.53
sz https://library.municode.com/fl/miami beach/codes/code of ordinances
sa https://www.miamibeachfl.gov/city-hall/city-clerk/boards-and-committees/miami-beach-human-rights-
committee/
48
Page 128 of 865
Private
While there are several housing counseling and other agencies in the jurisdiction that
provide fair housing assistance, HOPE fills a unique void in this community as it is the only private,
non-profit,full service, fair housing organization in Miami-Dade and Broward counties currently
engaged in comprehensive education/outreach and enforcement activities.
The overall mission of HOPE is to fight housing discrimination in Miami-Dade and Broward
counties and to promote equal housing opportunities throughout Florida. HOPE employs a three-
tiered strategy of Education &Outreach, Intake &Counseling and Enforcement to accomplish its
mission and operates Fair Housing Programs under three Initiatives:
• The Education and Outreach Initiative is designed to ensure that the general public and
protected classes become knowledgeable concerning fair housing laws and the means
available to seek redress for fair housing rights violations, and includes private housing
industry provider education programs structured to furnish developers, real estate
brokers, property managers, financial institutions, and the media/advertising industry
with the most current information necessary to fully comply with federal, state and local
fair housing laws.
• The Private Enforcement Initiative involves testing and investigation of alleged fair
housing violations, the prevention and elimination of discriminatory housing practices,
and enforcement of meritorious claims.
• The Special Housing Initiative is comprised of special projects that are usually the result
of the settlement of fair housing cases. Project activities have included public and private
relocation contracts, mobility counseling, accessible modifications for people with
disabilities, down payment assistance for first-time homebuyers,and home rehabilitation
for low-income families.
HOPE operates a Housing Discrimination HELP LINE that provides complaint intake, information
and referral services, counseling services, and assistance to South Florida residents seeking
housing opportunities in the private housing market. Below is a summary of the calls addressed
January 2015 through September 2019.
49
Page 129 of 865
HOPE, Inc. Housing Discrimination Help Line
January 2015—September 2019
HOUSING TRANSACTION
Rental Sales Lending Landlord Section 8 and Other: 1"Time
PROTECTED CLASS Tenant Low Income Home Buyer,
Housing Home Owner TOTAL
Association,
Foreclosure,
Homelessness,etc
Race 6 1 7
Disability 19 19
Familial Status 4 4
Sex 1 1
National Origin 3 _ 3
Color
Religion
Age
Sexual Orientation 5 1 6
Gender Identity/
Expression
Marital Status 1 1
Source of income 4 1 1 6
Other 56 26 21 103
TOTAL 43 3 56 27 21 150
B. Fair Housing Cases
Below is a list of recent fair housing cases relevant to the City of Miami Beach:
Texas Department of Housing and Community Affairs v.The Inclusive Communities Projects4
The United States Supreme Court analyzed whether disparate impact claims are cognizable
under the Fair Housing Act (FHA). Disparate impact is a legal theory of discrimination liability
that holds entities accountable for practices that have discriminatory effects on groups
protected under anti-discrimination laws, even when there is no intent to discriminate. This
differs from disparate treatment, in which the discrimination is overt and intentional. In the
20 years following the FHA's enactment, every circuit court that addressed the question of
disparate impact claims found •they were cognizable under the FHA. The Inclusive
Communities Project (ICP) is an affordable housing organization. The Texas Department of
Housing and Community Affairs (THC) allocates federal tax credits for low-income housing in
the state. In 2008, ICP filed suit against THC alleging it disproportionately allocated too many
54 Supreme Court of the United States,Case No. 13-1371
50
Page 130 of 865
tax credits "in predominantly black inner-city areas and too few in predominantly white
suburban neighborhoods." To support their claim, ICP cited statistics that showed "92.29% of
[low-income housing tax credit] units in Dallas were located in census tracts with less than 50%
Caucasian residents." The District Court and the United States Court of Appeals ruled in favor
of ICP, both holding that disparate impact claims are cognizable under the Fair Housing Act.
THC appealed to the Supreme Court of the United States. On June 25, 2015,the United States
Supreme Court held that Congress specifically intended to include disparate impact claims in
the Fair Housing Act, but that such claims require a plaintiff to prove that any statistical
disparity is directly linked to the defendant's policies.
Bank of America Corp. v. City of Miami, consolidated with Wells Fargo & Co.v. City of Miami55
On December 13, 2013, the City of Miami sued several lending institutions, including Bank of
America and Wells Fargo, in federal district court for discriminatory lending practices that
Miami claims directly caused both a loss in property tax revenue and an increase in costs for
providing police, fire, and other municipal services. The district court dismissed Miami's FHA
claims, but the Eleventh Circuit Court of Appeals reversed,finding that Miami had standing to
sue under the FHA and cause to proceed with the lawsuit. The United States Supreme Court
analyzed whether the City of Miami met the statutory requirements to bring such a lawsuit
under the Fair Housing Act (FHA). On May 1, 2017, the United State Supreme Court held that
Miami qualified as an "aggrieved person" authorized to bring suit under the FHA. However,
the case was remanded back to the 11th Circuit Court of Appeals to determine how proximate
cause should be determined under the FHA and decide how that standard applies to the City's
claims for lost property-tax revenue and increased municipal expenses. In a decision issued
on May 3, 2019, the 11th Circuit Court of Appeals held that there is "some direct relation"
between the City of Miami's tax revenue injuries and the banks' alleged violations of the FHA,
further finding a "logical and direct bond between discriminatory lending as a pattern and
practice applied to neighborhoods throughout the City and the reduction in property
values.56"
DeFord v. Miami Beach Community Development Corporation
Ms. DeFord identifies as a transgender woman. She alleges that,due to her gender,she has faced
abuse and discrimination from the employees of Miami Beach Community Development
Corporation, in their role as property managers. Ms. DeFord filed a HUD administrative
complaint. The case is pending.
Iglesias v. Carriage Club North Condominium Association et al.s$
Ms.Plasencia and Ms. Iglesias allege the following:they were living together when Ms. Plasencia
suffered a subarachnoid hemorrhage on April 9, 2015 that rendered her particularly and painfully
sensitive to noise. Their building was under construction, resulting in what the contractor called
ss Supreme Court of the United States,Case No.15-1111
56 United States Court of Appeals for the 11th Circuit,Case.No. 14-14544
57 HUD Administrative Case, Inquiry No.535263
58 US District Court,Southern District of Florida,Case No.1:16-cv-24644
51
Page 131 of 865
an "extreme amount of noise." While Ms. Plasencia was still in the hospital, Ms. Iglesias made a
request to the condominium association to be moved to another unit or another building. The
relocation request was denied,and for the following year, Ms. Plasencia endured intense medical
issues, repeatedly having to go to the hospital as a result of her body's reaction to the noise.
They had to leave their home on multiple occasions to escape the noise, including retreating to
another home of theirs,out of state. All the while, other residents were being relocated because
of the nuisance of the construction. Eventually, the Association agreed to accommodate Ms.
Plasencia and Ms. Iglesias, so long as the Association would be absolved from facing any
consequences for past acts. Ms. Plasencia and Ms. Iglesias rejected this agreement and condition
and sued the association in the United States District Court for the Southern District of Florida.
Morgan v. 711 Condominium et aI.59
Ms. Morgan alleges that in February 2015, she obtained a prescribed support dog to assist with
her seizure condition. She alleged that on February 14, 2015, a neighbor complained to the
condo association that the dog was being kept as a pet and was being loud, though no other
neighbors supported that claim. On June 15, 2015, a lawyer representing the neighbor and the
condo association sent a letter to Ms. Morgan's doctor requesting a detailed narrative report
regarding Ms. Morgan's need for the dog. Both Ms. Morgan and her doctor provided
supplemental information to the association, but in July 2015, the association sent Ms. Morgan
a letter that the dog was not going to be approved to live with her. Despite always responding
with the information that was asked of her, Ms. Morgan was subjected to continued questioning
and demands for proof regarding her dog and decided not to renew her lease as result of this
harassment. Ms. Morgan sued the association in the United States District Court for the Southern
District of Florida. The case settled.
Wick v. Belle Towers
Ms.Wick alleges she requested to have an emotional support animal at her home. Despite being
provided with documentation regarding her need for the animal, the condo association denied
the request. The non-profit disability rights law firm, Disability Independence Group,successfully
obtained approval of the emotional support animal on her behalf after issuing a demand in 2014.
Bazemore v. Mirador 120060
In September 2017, Ms. Bazemore alleges that she was experiencing a months-long delay in
response to her request for a handicapped parking spot for her home. Ms. Bazemore filed a HUD
administrative complaint. The complaint is pending.
Garcia v. Enclave on the Bay Condominiums
On September 12, 2016, Ms. Garcia contacted HOPE after she encountered a delayed process in
her purchase of a condominium. Ms. Garcia alleges that she made an offer that was accepted,
59 US District Court,Southern District of Florida,Case No.1:16-cv-22990
6°HUD Administrative Case,Inquiry No.539219
61 US District Court,Southern District of Florida,Case No.1:16-cv-24087
52
Page 132 of 865
but she needed to get approval for a reasonable accommodation before her purchase was
approved. Ms. Garcia uses a scooter for her mobility impairment. Due to the condominium's
design,she would be required to construct a ramp at her own expense to enable her to enter her
front door. Ms. Garcia alleges that she was advised that in order to proceed with the sale, and
as a condition of the condo association's approval, the association would need to approve the
modifications requested by her, and that approval would require an affirmative vote by at least
75% of the association members. Ms. Garcia filed a lawsuit in the United States District Court
for the Southern District of Florida and the case settled.
Siler v. Abbott House62
Ms. Siler alleges the following: In April 2016, she was hired for a new job, and as a result,
relocated from Chicago and signed a lease to rent a unit. Ms. Siler uses a wheelchair due to a
physical challenge. A condition on Ms. Siler's moving in was that she meet with the building's
board of directors for approval. Ms. Siler met with the board of directors and was subjected to
inappropriate questions about the nature of her physical challenge and personal assistants, as
well as warnings and complaints about the board of directors not wanting to be liable for any
financial or safety issues resulting from Ms.Siler's tenancy. The board ultimately decided to deny
housing to Ms. Siler because, according to an agent of the board of directors, the building was
not a "facility for people with disabilities." Ms. Siler sued the board of directors in the United
States District Court for the Southern District of Florida.
Rogers v. Ocean Max Realty et al.
In early 2018, Mr. Rogers, a father, encountered an advertisement for a Miami Beach condo that •
was listed by the defendants. The advertisement included the condition,"no kids." The property
is not a licensed senior living facility. Mr. Rogers sued in the United States District Court for the
Southern District of Florida and the case settled.
Rogers v. Sasco Realty63
Mr. Rogers, a father, encountered the defendant's advertisement for a unit. The advertisement
included the condition, "NO children." The property is not a licensed senior living facility. Mr.
Rogers sued in the United States District Court for the Southern District of Florida and the case
settled.
Rogers v. Camelot House Condominium Association
The same Mr. Rogers as above, a father, encountered the defendant's advertisement for a unit.
The advertisement included the condition, "Very peaceful building with restrictions: no kids."
The property is not a licensed senior living facility. Mr. Rogers sued in the United States District
Court for the Southern District of Florida and the case settled.
62 US District Court,Southern District of Florida,Case No. 1:16-cv-22991
63 US District Court,Southern District of Florida,Case No. 1:14-cv-21421
64 US District Court,Southern District of Florida, Case No. 1:15-cv-20325
53
Page 133 of 865
Rogers v.Thanks Vacation Rentals et al.6s
The same Mr. Rogers as above, a father, encountered the defendant's advertisement for 2 units.
The advertisement included the condition, "no kid." The property is not a licensed senior living
facility. Mr. Rogers sued in the United States District Court for the Southern District of Florida
and the case settled.
National Fair Housing Alliance, et al. v. Facebook .
On March 27, 2018, HOPE joined the National Fair Housing Alliance (NFHA), the Fair Housing
Justice Center of New Your City, and the Fair Housing Council of Greater San Antonio in filing a
lawsuit in federal court against Facebook for violating the advertising provisions of the Fair
Housing Act.The suit alleged that Facebook enabled its members to create and post real estate
ads that excluded families with children, women, people with disabilities and other protected
classes by offering pre-populated lists that gave its housing advertisers the ability to "exclude"
home seekers from viewing or receiving rental or sales ads. The lawsuit settled with an
agreement setting new standards across the tech industry concerning company policies that
intersect with civil rights laws. Facebook has created a new portal for advertising housing,
employment, and credit opportunities. Housing advertisers will no longer be allowed to target
consumers based on race, ethnicity, color, national origin, gender, age, religion, family status,
disability, or sexual orientation. Housing advertisers will also be prevented from advertising
based on zip code.
Fair Housing Implications: Documented incidents of housing discrimination evidenced by
testing/litigation results indicate the need for housing providers to comply with fair housing laws
and support public and private enforcement efforts.
C. Public Outreach-Community Surveys
Fair Housing surveys were completed anonymously by residents in Miami Beach from September
to December 2019. A total of eighty-six (86) total surveys were collected. The responses are
reflected below. Individuals completing the survey may not have provided responses to all
questions of the survey.
What are the BEST things about your neighborhood? (please circle all that apply)
Access to jobs-5
Access to public transportation -7
Commute- 13
Quality of schools - 16
Diversity- 33
Other(please specify) - 2 (left unspecified)
65 US District Court,Southern District of Florida,Case No. 1:14-cv-24688
66 US District Court,Southern District of New York,Case No. 1:18-cv-02689
54
Page 134 of 865
0Access to jobs
•Accessriiiiii —\IE:01
to public
4transportation
O Commute
LbO Quality of schools
■Diversity
iiiii ['Other
What are the WORST things about your neighborhood?(please circle all that apply)
Limited access to jobs-8
Limited access to public transportation -5
Commute-27
Quality of schools- 15
Lack of diversity- 13
Other(please specify)—2 (hotels, clubs, loud music, drugs)
jr....._
1ki:-.4-_,:;41, I clLimited access to
obs
■Liited access to
'Vt public trans.
li
a0 Commute
['Quality of schools
■Lack of diversity
L _di t]Other
55
Page 135 of 865
Is your neighborhood racially segregated?
Yes-29
No-34
no opinion—22
Do you prefer living in a racially segregated community?
Yes- 10
No-68
No opinion—8
Is it legal to deny somebody housing simply because she uses a Section 8 voucher?
Yes-9
No-65
Not sure -12
Is it legal to deny somebody housing simply because he has children?
Yes-4
No -71
Not sure - 11
Is it legal to deny somebody housing simply because she has HIV?
Yes- 13
No-63
Not sure-10
Is it legal for a housing provider to ask to see medical records to confirm a claim of disability?
Yes-14
No -58
Not sure-14
Have you faced any discrimination when looking for housing(renting or buying)?
Yes- 15
No-49
Not sure-22
If yes, what do you think was the reason? -Slumlord, color of skin, race, ethnicity, children
Do you know where to report housing discrimination?
Yes-25
Not sure -61
If so, where?- HOPE, police, Housing Dept. of Florida
What language(s) do you speak at home,other than English?
Spanish -27
Italian - 1
Portuguese-1
56
Page 136 of 865
VI. CONCLUSIONS & RECOMMENDATIONS
A. Identified Impediments to Fair Housing Choice
❖ The need for on-going Fair Housing Education & Outreach efforts to reach the City's
growing, diverse population
• A strongly segregated housing market
❖ A shortage of(and barriers to) affordable housing& homeownership
❖ Issues affecting people with disabilities and homeless persons
❖ Lending disparities
❖ Violations of federal, state, and local fair housing laws in the jurisdiction and
immediate surrounding areas
B. Recommended Fair Housing Strategies
Continued Need for On-Going Fair Housing Education & Outreach Efforts to Reach the City's
Growing, Diverse Population
Strategy 1: Provide fair housing training at all housing-related workshops, including those for
persons with limited English Proficiency.
Strategy 2: Support intensive efforts to educate advocates and consumers about their rights
and responsibilities under Fair Housing laws.
Strategy 3: Provide training to the City's governing body to ensure that they are aware of the
County's mandated obligation to affirmatively further fair housing and its
application to all housing and housing-related activities in its jurisdiction,whether
publicly or privately funded.
Strategy 4: Provide fair housing training to all employees and develop mandatory fair housing
training modules and schedules to ensure the education of new employees and
re-training/up-dating of existing employees.
Strategy 7: Conduct a public relations campaign promoting knowledge of fair housing laws
and assistance programs, including but not limited to, print ads, public service
announcements, and community forums.
Strategy 8: Develop online survey to determine the public's knowledge of fair housing laws,
means of redress, and levels of perceived discriminatory practices by providers.
Strongly Segregated Housing Market
Strategy 1: Support/fund fair housing testing of real estate agents, rental housing providers,
lending institutions, and mortgage brokers doing business in the jurisdiction in
57
Page 137 of 865
order to detect discrimination that may be prevalent, in particular,
neighborhoods, rental communities, or condominium/homeowner associations.
Strategy 2: Support intensive efforts to educate the public about the existence and assets of
racially diverse neighborhoods in order to overcome stereotypes among both
minority and white home seekers.
Strategy 3: Expand affordable housing options in exclusive neighborhoods by exploring
inclusionary zoning strategies and strategies that help low-income families with
Housing Choice vouchers to moveinto opportunity rich neighborhoods.
Strategy 4: Continue to evolve affirmative marketing efforts to reach additional residents in
languages in addition to English, as needed, and monitor affirmative marketing
efforts of sub-recipients,where appropriate.
Shortage of/Barriers to Affordable Housing& Homeownership
Strategy 1: Continue to require and monitor affirmative fair housing marketing plans for all
affordable housing developments.
Strategy 2: Support and fund pre- and post-purchase counseling and down payment and
closing cost assistance mechanisms for residents.
Strategy 3: Continue to work in cooperation with other jurisdictions for the provision of
economic opportunity.
Issues Affecting Persons with Disabilities and the Homeless
Strategy 1: Support and monitor the Housing Authority of the City of Miami Beach's on-going
effort to comply with Section 504 requirements to significantly increase the
quality and quantity of accessible housing units throughout the jurisdiction.
Strategy 2: Endorse, fund, and participate in the implementation of plans to eliminate
homelessness and increase affordable housing alternatives fostered by the Miami-
Dade County Homeless Trust and other advocacy groups.
Lending Disparities
Strategy 1: Continue to educate residents through first-time homebuyer.workshops on
the identification of predatory lending practices and where to receive
assistance if victimized by predatory lending practices.
Strategy 2: Provide financial support for anti-predatory lending initiatives.
Strategy 3: Require and monitor annual reports from lenders participating in City's housing
programs that compare all home loan decisions (originations,approvals,denials)
sorted by race/ethnicity.
Strategy 4: Continue to evolve affirmative fair housing marketing efforts to reach additional
residents in various languages in all program areas.
Strategy 5: Initiate and support mass media campaigns promoting fair lending, including but
not limited to, print ads, public service announcements, and community forums
on cable TV and the City's website.
58
Page 138 of 865
Violations of Federal,State, and Local Fair Housing Laws
Strategy 1: Continue to implement referral process for Fair Housing Complaints that
includes contact information to all private and public enforcement
agencies.
Strategy 2: Continue to provide fair housing education and training to housing providers
(including condominium associations) to foster compliance with federal, state,
and local laws.
Strategy 3: Continue to review the City's ordinance for the consideration of enhanced
protections under the local law and consider taking steps to make the local law
"substantially equivalent"to the Federal Fair Housing Act.
Strategy 4: Acknowledge the need for county-wide cooperation to eliminate barriers to fair
housing choice; provide the leadership for development of specific inter-
jurisdictional cooperative mechanisms to make fair and equal access to housing a
reality.
Strategy 5: Continue providing fair housing training to all City employees; develop mandatory
fair housing training modules and schedules to ensure the education of new
employees and re-training/up-dating of existing employees.
•
59
Page 139 of 865
VII. Signature Page
Reviewed and accepted this day of , 20_.
By:
City of Miami Beach
Chief Elected Official
60
Page 140 of 865