Resolution 2022-32439 RESOLUTION NO. 2022-32439
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO AMEND THE FLORIDA RESIDENTIAL AND TENANT
ACT TO ESTABLISH A REQUIRED NOTICE PERIOD OF SIXTY (60)
DAYS, WITH WHICH ALL RESIDENTIAL LANDLORDS MUST COMPLY,
PRIOR TO IMPOSING A RENTAL RATE INCREASE GREATER THAN
FIVE PERCENT (5%).
WHEREAS, South Florida is currently in the worst housing affordability crisis in
the last 40 years; and
WHEREAS, rental markets in Miami are roughly 22 percent above their long-term
premium, making South Florida the most overpriced market in the country; and
WHEREAS, due to a number of factors (including the ongoing Covid-19
pandemic), it has become increasingly difficult for potential renters in the state of Florida
to find suitable housing, at an affordable price; and
WHEREAS, many tenants who were previously able to find and secure a
residential property have been surprised by landlords suddenly seeking to increase (and
sometimes very substantially) the tenant's periodic rental payment, or seeking to amend
other material terms of the lease agreement; and
WHEREAS, such notice has all too often been provided by landlords, to their
tenants, at the last possible moment, which has forced many tenants into precarious
positions and being forced to move; and
WHEREAS, on February 9, 2022, the Mayor and City Commission of the City of
Miami Beach unanimously approved an ordinance, sponsored by Commissioner Alex J.
Fernandez, requiring residential landlords to give their tenants at least 60 days written
notice before imposing a rent increase greater than 5%; and
WHEREAS, the notice period aims to avoid last-minute rent increases that place
many lower-income tenants at a disadvantage, and provides tenants the time necessary
to negotiate terms with their landlords or make alternative arrangements; and
WHEREAS, a substantially similar version of the City's ordinance was
subsequently adopted by Miami-Dade County for all of unincorporated Miami-Dade
County, as well as Orange County, Florida, Palm Beach County, and the City of Hialeah;
and
WHEREAS, adopting the 60 days written notice requirement before imposing a
rent increase greater than 5%would protect and benefit all tenants in the state of Florida.
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 urge urging the Florida Legislature to amend the Florida Residential
and Tenant Act to establish a required notice period of sixty (60) days, with which all
residential landlords must comply, prior to increasing the rental rate of certain tenants
beyond a specified percent.
PASSED AND ADOPTED this /y day of December, 2022.
ATTEST:
Dan Gelber, Mayor
DEC 9 6 2022 , �..8,,,,,
Rafael E. Granado, City Clerk i �P.••....� ,
'IR O P O D ,
(Sponsored by Commissioner Alex J. Fernandez) -, '..• ,�,N?��, �:'
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
Date
City Attorney (
Resolutions -C7 R
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: December 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
AMEND THE FLORIDA RESIDENTIAL AND TENANT ACT TO ESTABLISH
A REQUIRED NOTICE PERIOD OF SIXTY (60) DAYS, WITH WHICH ALL
RESIDENTIAL LANDLORDS MUST COMPLY, PRIOR TO IMPOSING A
RENTAL RATE INCREASE GREATER THAN FIVE PERCENT(5%).
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the December 14, 2022
Commission meeting.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
Page 536 of 952
❑ Resolution
Page 537 of 952
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-7411
December 19, 2022
Representative Fabian Basabe
1101 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Representative Basabe,
Attached please find a copy of City of Miami Beach Resolution No. 2022-32439:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
THE FLORIDA RESIDENTIAL AND TENANT ACT TO ESTABLISH A
REQUIRED NOTICE PERIOD OF SIXTY (60) DAYS, WITH WHICH ALL
RESIDENTIAL LANDLORDS MUST COMPLY, PRIOR TO IMPOSING A
RENTAL RATE INCREASE GREATER THAN FIVE PERCENT(5%).
(Sponsored by Commissioner Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on December 14, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Alex J. Fernandez
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
December 19, 2022
Representative Felicia Simone Robinson
1003 The Capitol
402 South Monroe Street •
Tallahassee, FL 32399
Dear Representative Robinson,
Attached please find a copy of City of Miami Beach Resolution No. 2022-32439:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND
THE FLORIDA RESIDENTIAL AND TENANT ACT TO ESTABLISH A
REQUIRED NOTICE PERIOD OF SIXTY (60) DAYS, WITH WHICH ALL
RESIDENTIAL LANDLORDS MUST COMPLY, PRIOR TO IMPOSING A
RENTAL RATE INCREASE GREATER THAN FIVE PERCENT(5%).
(Sponsored by Commissioner Alex J. Fernandez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on December 14, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Alex J. Fernandez