Miami-Dade Legislative Item
File Number: 201311
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File Number: 201311 File Type: Resolution Status: Adopted
Version: 0 Reference: R-686-20 Control: County Commission
File Name: CORONAVIRUS CREATE LANDLORD FINANCIAL ASSISTANCE Introduced: 6/30/2020
Requester: NONE Cost: Final Action: 7/9/2020
Agenda Date: 7/8/2020 Agenda Item Number: 11A23
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO CREATE A RESIDENTIAL LANDLORD FINANCIAL ASSISTANCE PROGRAM USING A CERTAIN AMOUNT OF FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) TO ALLEVIATE FINANCIAL HARDSHIPS CAUSED BY CORONAVIRUS DISEASE 2019 (COVID-19); SETTING MAXIMUM GRANT AMOUNTS; PROVIDING CERTAIN QUALIFICATIONS FOR AND IMPOSING CERTAIN RESTRICTIONS ON LANDLORDS TO PARTICIPATE IN THE PROGRAM; PROVIDING HOW FUNDS WILL BE DISTRIBUTED; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO DEVELOP AND IMPLEMENT THE PROGRAM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY TO CARRY OUT THE PURPOSES OF THE PROGRAM
Indexes: CORONAVIRUS
Sponsors: Audrey M. Edmonson, Co-Prime Sponsor
  Jean Monestime, Co-Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/8/2020 11A23 Adopted P
REPORT: SPECIAL NOTE: The foregoing proposed resolution was adopted on Thursday, July 9, 2020.

County Attorney 6/30/2020 Assigned Brenda Kuhns Neuman 6/30/2020

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO CREATE A RESIDENTIAL LANDLORD FINANCIAL ASSISTANCE PROGRAM USING A CERTAIN AMOUNT OF FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) TO ALLEVIATE FINANCIAL HARDSHIPS CAUSED BY CORONAVIRUS DISEASE 2019 (COVID-19); SETTING MAXIMUM GRANT AMOUNTS; PROVIDING CERTAIN QUALIFICATIONS FOR AND IMPOSING CERTAIN RESTRICTIONS ON LANDLORDS TO PARTICIPATE IN THE PROGRAM; PROVIDING HOW FUNDS WILL BE DISTRIBUTED; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO DEVELOP AND IMPLEMENT THE PROGRAM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY TO CARRY OUT THE PURPOSES OF THE PROGRAM

BODY
WHEREAS, in early 2020, the State of Florida and Miami-Dade County began experiencing an outbreak of the infectious disease named coronavirus disease 2019 (COVID-19); and
WHEREAS, in response to COVID-19, Governor Ron DeSantis issued Executive Order Number 20-51, directing the State Health Officer and Surgeon General to declare a public health emergency in the State of Florida and directing the State Health Officer take any action necessary to protect the public health and to follow guidelines established by the United States Center for Disease Control and Prevention (CDC) to control the spread of COVID-19; and
WHEREAS, on March 12, 2020, County Mayor Carlos Gimenez declared a state of emergency in Miami-Dade County; and
WHEREAS, in response to the COVID-19 pandemic, public health officials and the CDC encouraged �social distancing� to reduce the spread of the virus; and
WHEREAS, to enforce social distancing, Governor DeSantis and Mayor Gimenez have issued executive and emergency orders restricting businesses� and residents� activities in order to prevent the spread of COVID-19; and
WHEREAS, while these precautions were established to keep people safe, they have a negative financial impact on many County businesses and residents; and
WHEREAS, many residential tenants facing financial hardship caused by the effects of COVID-19 have not paid their rent, which puts them at risk of losing their homes; and
WHEREAS, residential landlords experiencing loss of tenant income may be unable to pay their mortgages and face foreclosure or may be unable to pay their living expenses; and
WHEREAS, on April 2, 2020, in acknowledgement of the economic hardship many Florida residents face during the COVID-19 pandemic, Governor DeSantis issued Executive Order 20-94, creating a 45-day moratorium on mortgage foreclosure actions and residential tenant evictions based upon nonpayment of rents due to COVID-19; and
WHEREAS, Governor DeSantis subsequently extended the mortgage foreclosure and residential eviction moratorium in Executive Orders 20-121 and 20-137, such that the moratorium expires at 12:01 a.m. on July 1, 2020, unless further extended by the Governor; and
WHEREAS, while the moratorium may have created some reprieve for tenants behind on their rent payments and landlords behind on their mortgage payments, it did not relieve them of their obligations to make these payments; and
WHEREAS, this Board desires to assist landlords who have suffered loss of rental income due to nonpayment of rent by tenants due to COVID-19; and
WHEREAS, this Board desires to ensure that the financial benefit of this program is passed along to the tenant in the form of rent forgiveness; and
WHEREAS, this Board desires to direct the County Mayor or County Mayor's designee to use funding made available through the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to help residential landlords who are experiencing financial losses caused by COVID-19 and cannot make their mortgage payments or pay other living expenses,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board directs the County Mayor or County Mayor's designee to develop a residential landlord financial assistance program using $10 million of funding made available through the CARES Act. The program shall provide grants to residential landlords who can demonstrate nonpayment of rent by their tenants due to COVID-19. Each grant shall be in an amount up to three months� tenant rent, with a maximum grant amount of $5,000 per unit. Grants shall be limited to landlords who own no more than five rental units and who provide rent forgiveness to tenants in the same amount of the grant received as part of this program. The County Mayor or County Mayor's designee in administering the program shall ensure that those receiving these grants are not �double dipping� and have not made up their financial losses through other assistance, such as assistance already received through county, city, state, or federal tenant rental assistance programs. Funding for this program shall be equally distributed among the County�s 13 commission districts.
Section 2. The County Mayor or County Mayor's designee is directed to develop and implement the program and appoint staff to administer and monitor the program.
Section 3. This Board further authorizes the County Mayor or the County Mayor�s designee to negotiate and execute any documents necessary, following approval by the County Attorney�s office, to carry out the purposes of the program.



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