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HomeMy WebLinkAbout2006-26131 ResoRESOLUTION NO. 2006-26131 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION, INCLUDING A JOINT RESOLUTION PROPOSING A CONSTITUTIONAL AMENDMENT IF NECESSARY, TO PROVIDE PROPERTY APPRAISERS STATEWIDE AN ALTERNATIVE ASSESSMENT APPROACH FOR MULTI- FAMILY AFFORDABLE HOUSING PROPERTIES. WHEREAS, property values for all types of real property have appreciated at unprecedented levels in Miami Beach and throughout Miami-Dade County over the past few years; and WHEREAS, the value of multi-family affordable housing properties have also risen at correspondingly high rates; and WHEREAS, these increases in the value of multi-family affordable housing properties have lead to significantly higher property tax bills and, in turn, higher rents; and WHEREAS, this phenomenon has contributed to the affordable housing issues that face our community; and WHEREAS, State law does not currently allow all multi-family affordable housing properties to be appraised at less than market value; and WHEREAS, a change to State law allowing multi-family affordable housing properties to be assessed at less than market value could help to address the City of Miami Beach's affordable housing issues. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. The Mayor and City Commission hereby urge the Florida Legislature to enact legislation, either through a bill or a joint resolution proposing a constitutional amendment, to provide Florida property appraisers an alternative assessment approach to multi-family affordable housing properties. Section 2. The City Clerk is directed to transmit copies of this Resolution to the Chair and Members of the Miami-Dade State Legislative Delegation. Section 3. The City's state lobbying team is directed to advocate for the passage of the legislation set forth in Section 1 above and the Administration is directed to include this item in the 2006 State Legislative Package. PASSED and ADOPTED this 8th day of ATTEST: CITY CLERK Robert Parcher ,2O ~ David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECLmON F:\atto\TURN\RESOSWffordable Housing Tax 3-06.doc MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: Jorge M. Gonzalez, City Manager. Richard Steinberg, Commissioner DATE: March 7, 2006 SUBJECT: Agenda Item- Resolution for Affordable Housing Tax Assessments Please draft a resolution for the March 8th Commission Meeting encouraging the State Legislature to take action regarding affordable housing tax assessments. I would like our resolution to be consistent with those passed by Miami-Dade County and the City of Miami. Please find attached the resolutions for Miami-Dade County and the City of Miami. If you have any questions, please feel free to contact my Aide, Ms. Marlene Taylor, at extension 6087. RLS/mt Cc: Murray Dubbin, City Attorney · I. I I We ore corr~mitted to prowatng excellent pub, lc service and safer/to a!l 'who t~ve, work and play in o~_ Agenda Item Date -. ~3-07-" ,86 lq' .,._ FBO["I- T-570 POB2,,'"005 F-906 A~proved Ma¥gr Agenda Item VeTO 12-6-05 Override 1LESOLU'TION NO. I~$@LUTION URG~G THE FLORIDA 'LI~GIgLATUY, E TO ENACT LEOIgLATION, INCLUDING A JOINT RESOLUTION PROPOSING A CONST1TUT~QNAL 'AMENDMENT IF NECESSARY, TO PROVIDE~PROPERTY APP~SERS STATEWIDE AN ALTERNATWE A~ESSMENT APPROACH FOR MULTIFAMILY AFFORDABLF/HOUSING PROPERTIES WHEREAS, property values for all types of real property have appreciated at utlpreced¢llted levels in Miami-Dade County over the past £ew years; and WI:I~R~A$, th~ values of multi-family affordable housing propemes have also risen at ~orrespondingly high rates; and WI~RRAS, thee increases in tho valuo of multi-family aff'ordabl¢ housing properties have lead to significantly higher property tax bills, and m tuna, ki§hor fonts; and WHEREAS, this phenomenon has contributed to the affordable housing issues that face our community; and wI:iER.EA$, gtat~ law does not currently allow all multi-family affordable housing properties to be appraised at less than market value; and WHEREAS, a change to state law allowing multi-family affordable housing properties to be assessed at less than market value could help to adekess Miami-Dade County's affordable housing issues, NOW, THRR~FORE~ BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION~I~ OF MI~-DADE (~OIINIY, FLORIDA, that this Board: Seeiion 1. Urges the Florida Legislature to enact legislation, eiflaer through a bill or a joint resolution proposing a constitutiozml amendment, to prouide Florida property appraisers an alternative assessment approach for multi-family affordable housing propertie~. ,4;IPP~ " 03'-07-" .06 11' ~-~._,._, FEfl?.'I-_ T-570 POO3f005 F-906 Agenda Item No. ll(a) Page No. 2 Secfio,',n 2. Direms thc Clerk of thc Board to transmit copies of this rcsolutaon to the Chair and members of thc Miami-Da& State Legislative Delegation. Section 3.__._...._~ Directs thc Counts state lobbying team to advocate for thc passage of tho legislation scl fortl2 tn section I above. The Office of Intergovernmental Affairs is directed to include this item in the 2006 State Legislativc Package. Tho foregoing resolution was sponsored by Commi.qsioner Bnmo A. Barr~iro and offered by Commissioner by Commissioner follows: Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Dorrin D. Rolle Katy Sorenson ~en. Javier D. ~olltO , who moved its adoption. The motion was seconded and upon being put to a vote, the vote 'was as Joe A. Martinez, Chairman Dennis C. Moss, Vice-Chairman Dr. Barbara Carey-Skuler Carlos A. Gimenez Barbara J. Jordan Natacha Seijas Rebeca Sosa The Chairman thereupon declared the resolution duly passed and adopted this 6a day of December, 2005. This resolution shall become effective ten (10) days a~er the date of its adoption mfless vetoed by the Mayor, and if vetoed, shall become effective only upon an ovemde by this Board. MIAMDDADE COUNTY', FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RI.WiN, CLERK Approved by County Attorney as to form and legal sufficiency. Jeas M, McCarty B~ Deputy Clerk , 03-07-' [7.1e_'i 1q'5.5 FFIOI"I- T-57[I PO~-q/13F_15 F-~06 Fil~. ~tumb~¢: 0S-01020 City Hall 3500 Pan American Drive Miami, FL 33133 www. ¢i. miami.fl, us Final Action 'Dat~: 9/8/2005 A RESOLUTION OF THE MIAMI CITY COMMISSION: 1) URGING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY TO BASE VALUATION OF MULTi-FAMILY RENTAL PROPERTY AFFORDABLE TO PERSONS OF LOW OR MODERATE INCOME, PRIMARILY ON THE INCOME FROM SAID PROPERTY AS CONTEMPLATED IN SECTION 193.011 (7) OF THE FLORIDA STATUTES; 2) URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO AMEND SECTION 193,011 TO REQUIRE THAT MULTI-FAMILY RENTAL PROPERTIES AFFORDABLE TO PERSONS OF LOW OR MODERATE INCOME, BE VALUED USING ONLY THE INCOME METHOD; AND 3) REQUESTING THAT THE CITY ATTORNEY DETERMINE THE FEASIBILITY OF iNITIATING LEGAL ACTION WITH THE INTENT OF OBTAINING JUDICIAL REDRESS IN ORDER TO PROTECT LESSEES IN THE CITY OF MIAMI FROM INFLATED AND UNFAIR VALUATION OF THEIR LEASEHOLD, WHEREAS, the Property Appraiser in Miami-Dade County is given-authority under the provisions of Section 193.011(7) of the Florida Statutes to consider the income derived from the property to value multi-family rental properties that are affordable to individuals and families of iow or moderate income; and ' WHEREAS, lessees of multi-family rental properties that are affordable to individuals and families of Iow or moderate income in the City of Miami ("City") are being unfairly affected by the Property Appraiser's current valuation method in the assessment of multi-family rental properties which does not give sufficient weight to income as a valuation factor; ancl WHEREAS, given the additional economic hardships derived from high energy prices, rising interest rates ~nd other potential economic hardships caused by Hurricane Katrina, Iow or moderate income families leasing multi-family properties in the City should not be unfairly impacted by unreasonable valuation of multi-family rental properties; and WHEREAS, failure to give proper weight to income in the valuation of affordable multi-family rental properties in the City will cause irreparable harm to Iow or moderate income families; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble of this Resolution are adopted by reference and incorporated as if fully set fodh in this Section. Section 2. The City Commission urges the Property Appraiser of Miami-Dade County to value multi-family rental properties that provide housing to person of Iow or moderate income so as Lo give greater weigt~t to the income derived from said properties as provided for in Section 193.011 (7) of the .. Cily of MTami Page I of 2 Printed 0~: 9/12/J005 03-137-'1~16 11'56 FRC'['1- · ' T-570 POBS/'005 F-906 File Number: 05-0'102,0 Eaoctmenl im i----mm lira ---- m i Florida Statutes. Section 3. The City Commission requests that the Florida Legislature amend ,Section i 93.01 1 of the Florida Statutes to provide that multi-family rental properties that provide housing tO per'sons of Iow or moc~erate income be valued solely pursuant to the income method and remove the discretion of County Property Appraisers in selecting a valuation method as to said rental property. Section 4. The City Attorney is recluested to determine the feasiDi!ity of commencing re§al action to ensure that tt~e lessees of multi-family rental properties of low or moderate income of the City are adequ@tety protected from steep increases in the rent due to unfair valuation of their rental properties. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} i .... i I. II _ - · {1} If the Mayor does not sign, this Resolution, it shell become effective at the end of ten calendar clays from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Ci~. of Miami Pang 2 of 2 ]~rintad Or~: 9/~.7~005