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92-2826 Ordinance ORDINANCE NO. 92-2826 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 17A ENTITLED "RENTAL HOUSING", ARTICLE II THEREOF ENTITLED "DISCRIMINATION IN RENTAL HOUSING UNITS" BY REPEALING PROVISIONS CONCERNING AGE DISCRIMINATION REFERRED TO IN CODE SECTIONS 17A-S AND 17A-9; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Sections 17A-5 and 17A-9 in Chapter 17A of the Miami Beach City Code entitled "Rental Housing", Article II thereof entitled "Discrimination in Rental Housing units" reading as follows, are hereby repealed in their entirety: See. 17A s. reliey. It io hereby declared to be the public policy of the City of Uiami Beach that in order to continue to have Q mixture of ci ~izcno and r:::aidento of all age groupo w4:thin the city, and further in view of the limited rental houoing accommodationo exioting within the city for familieo with minor children, it io hereby declared that oound public policy directo that diocrimination againot familieo with children in reoidential rental unito within the city ohould be prohibited. It is further declared to be againot public policy to diocriminate in the oale of unito converted from rental to condominium on the baoio of age of the propooed reoidento. * * * Soe. 17A 9. Tenant age peliey not prohibited. (a) In reoidential buildingo otherwioe covered by thio article, where the owner hao publicly eotabliohed and carried out Q policy of renting exclusively to peroono who are defined herein ao elderly, the owner or any other peroon enumerated in oection 17A 6 hereinabove, ohall be exempt from the provioiono of thio article, provided, however, that deviation from or abandonment of the policy shall automatically oubjeot the OWRer to all of the provioioRo of thio artiole. (b) Definition. Elderly perooRo. All perooRo who have attained the age of oixty two or more ycaro. * * * SECTION 2. REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. EFFECTIVE DATE on December 2 (10) days after its adoption, This ordinance shall take effect ATTEST: ~~L~~ CITY CLERK 1st reading 11/8/92 2nd reading 12/2/92 JKO/ks (a:\res\ord\com.memos\CH17AII.ord) FORM APPROVED lE~D[PT. V;)\ ~~../;;it&-vi~e/ sk;1,~ Date ,(-CCre{.t ~ . 2