Miami-Dade Legislative Item
File Number: 220592
    Clerk's Official Copy   

File Number: 220592 File Type: Ordinance Status: Adopted as amended
Version: 0 Reference: 22-30 Control: Board of County Commissioners
File Name: NOTIFICATION PERIOD RELATED TO RENT INCREASES Introduced: 3/15/2022
Requester: NONE Cost: Final Action: 3/15/2022
Agenda Date: 3/15/2022 Agenda Item Number: 7C
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 220369; 4-6 WEEKS REQUIRED Title: ORDINANCE RELATING TO TERMINATION OF CERTAIN RESIDENTIAL TENANCIES AND FAIR NOTICE FOR RENT INCREASES FOR RESIDENTIAL TENANCIES; AMENDING SECTION 17-03 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING WRITTEN NOTIFICATION PERIOD RELATED TO RENT INCREASES IN INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; INCREASING NOTIFICATION PERIOD RELATED TO TERMINATION OF CERTAIN MONTH-TO-MONTH RESIDENTIAL TENANCIES IN INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 220369]
Indexes: INCREASE
  LANDLORDS
  RENTAL RATES
  TENANTS
Sponsors: Eileen Higgins, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Oliver G. Gilbert, III, Co-Sponsor
  Kionne L. McGhee, Co-Sponsor
  Jean Monestime, 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 3/15/2022 7C Amended Adopted as amended P
REPORT: Commissioner Regalado suggested following amending the foregoing proposed ordinance: -on page 9 section (b) to change "must provide 60 written fair notice to the tenant" to "must provide a minimum of 60 days". Commissioner Garcia noted that the properties being affected most by increased assessments were non-homestead properties which were being used as rentals, and the increases were passed on to the renters. He opined it was incumbent upon the commission and the administration to find the tools to try to cap the increases and assessments of non-homestead properties to ensure some rent relief. Chairman Diaz expressed his concern regarding fair notice of payment/eviction to tenants, noting notification had been abusive and this was unacceptable. Commissioner Higgins pointed out that fair notice was the right thing to do as all landlords were not doing the right thing and this legislation was being proposed to ensure compliance. She indicated that later in today’s (3/15) meeting, she would be making an allocation to Legal Services of Miami to hire additional attorneys to assist residents of District 5 with legal representation. Replying to Commissioner Martinez’ inquiry Assistant County Attorney Terrence Smith explained that if the tenant did not pay rent and the landlord attempted to proceed with an eviction without notification, the tenant would be able to use that the landlord did not meet the condition as a defense; the tenant can move to dismiss the case. There was no penalty other than the court dismissing the case and having the landlord reissue the notice. Commissioner Sosa noted she was in favor of the foregoing ordinance, this legislation allowed the process to move forward properly. Commissioner Hardemon noted the notice requirement of this legislation was exceptional, however more notice should be given prior to raising a tenants rent. He indicated he felt compelled to vote against this legislation as it would not provide as much relief as was intended. Commissioner Regalado expressed her concern regarding possible unintended consequences for month- to-month tenancies. She noted many of the protections put in place and changes to the market would bring an end to many month-to-month tenancies. Chairman Diaz and Commissioner Monestime asked to be listed as Co-sponsors to the foregoing ordinance. Hearing no further questions or comments the Board proceeded to vote on the foregoing ordinance as amended.

County Attorney 3/15/2022 Assigned Terrence A. Smith 3/15/2022

Legislative Text


TITLE
ORDINANCE RELATING TO TERMINATION OF CERTAIN RESIDENTIAL TENANCIES AND FAIR NOTICE FOR RENT INCREASES FOR RESIDENTIAL TENANCIES; AMENDING SECTION 17-03 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING WRITTEN NOTIFICATION PERIOD RELATED TO RENT INCREASES IN INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; INCREASING NOTIFICATION PERIOD RELATED TO TERMINATION OF CERTAIN MONTH-TO-MONTH RESIDENTIAL TENANCIES IN INCORPORATED AND UNINCORPORATED AREAS OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 220369]

BODY
WHEREAS, it is the intention of this Board to provide all Miami-Dade County residents with a fair notice if their rents are to increase; and
WHEREAS, according to the University of Florida’s Shimberg Center for Housing Studies’ 2019 Rental Market Study, there are 2.6 million renter households in the State of Florida; and
WHEREAS, of the 895,801 households in Miami-Dade County, almost half are renting; and
WHEREAS, according to a 2019 study by Florida International University, 48.4 percent of households in Miami-Dade County are considered “cost burdened,” which, according to the United States Department of Housing and Urban Development, includes households who pay more than 30 percent of their income for housing and may have difficulty affording necessities such as food, clothing, transportation, and medical care; and
WHEREAS, during the coronavirus-2019 (COVID-19) pandemic, there has been an influx of people moving to Florida from states with higher wages and cost of living which has caused an upsurge in rental rates in Florida; and
WHEREAS, according to a recent Miami Herald editorial report, as of December 2021, the average monthly rent in Miami was $3,020.00, which represents a 34 percent annual increase; and
WHEREAS, according to the website Zillow, the average rent in the tri-county area of Miami-Dade, Broward and West Palm Beach, as of December 2021, was $2,564.00; and
WHEREAS, recently it was reported through various media outlets that one landlord in the City of Hialeah informed their tenants that the tenants’ rent would be increased by 65 percent; and
WHEREAS, part II of chapter 83, Florida Statutes, commonly known as the “Florida Residential Landlord and Tenant Act” (“the act”), applies to the rental of residential dwelling units and sets forth the rights and duties of landlords and tenants; and
WHEREAS, the act does not provide specific notification requirements for landlords seeking to increase rental rates; and
WHEREAS, although some lease agreements contain provisions regarding increases in rental rates, a landlord generally may not raise rent during the term of a lease; and
WHEREAS, therefore, a landlord will have to wait until the end of the term of the lease to raise the rent and it is expected that notice of such will be provided in accordance with termination notices set forth by law or in accordance with the lease agreement; and
WHEREAS, with respect to notices of termination of tenancy, if there is a written lease, section 83.575 of the act provides that the notice required to terminate a tenancy is no more than 60 days’ notice; and
WHEREAS, where there is no lease, on the other hand, section 83.57 provides that the landlord should provide a seven-day notice to a tenant renting week-to-week, a 15-day notice to a tenant renting month-to-month, a 30-day notice to a tenant renting quarter-to-quarter, and a 60-day notice to a tenant renting year-to-year; and
WHEREAS, on January 20, 2021, this Board adopted Ordinance No. 21-1, which extended the written notification requirement for termination of a month-to-month residential tenancy from 15 days to 30 days throughout Miami-Dade County; and
WHEREAS, nevertheless, this ordinance does not provide a notice provision for increases in rent and there is no explicit notice provision for increases in rent in the act; and
WHEREAS, according to court opinions and Florida Attorney General Opinion No. 94-91, the Florida Legislature has not preempted local governments from enacting ordinances that enlarge the notification period for month-to-month tenancies without a specific duration pursuant to section 83.57 of the act; and
WHEREAS, the Attorney General concluded that such enlargement of the notification period would be supplemental to the state statute, and compliance with such ordinance is possible without violating section 83.57; and
WHEREAS, in response to the Attorney General’s opinion and to assist renters, the City of Miami Beach recently enacted an ordinance that requires 60 days’ written notification be given by Miami Beach residential landlords to their tenants prior to increasing the tenants’ rent beyond a specified percent; and
WHEREAS, additionally, states, including Alabama, Alaska, Arizona, California, Indiana, Iowa, Kansas, Massachusetts, Missouri, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, and Texas, have laws that require landlords to provide notice to their tenants prior to increasing their rents; and
WHEREAS, accordingly, this Board desires to require that residential landlords in unincorporated and incorporated Miami-Dade County who proposes to increase the rents of their tenants by five percent or more shall provide such tenants with advance written notice of such increase; and
WHEREAS, further, this Board desires to amend Ordinance No. 21-1 to supplement the notification period requirements for month-to-month tenancies under section 83.57 of the act by enlarging such notification period from 30 days to 60 days,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 17-03 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 17-03. Required written >>fair<< notice of termination of monthly residential tenancy without specific duration >>and written notification requirements related to rental payment increases for all residential tenancies<<.
(a) A residential tenancy without a specific duration in which the rent is payable on a monthly basis may be terminated by either the landlord or tenant by giving not less than [[30]] >>60<< days’ written notice prior to the end of any monthly period. [[The requirements of this ordinance shall apply within incorporated and unincorporated areas of Miami-Dade County.]]
>>(b) A residential landlord that proposes to increase the rental rate by more than five percent at the end of a lease for a specific term, or during a tenancy without a specific duration in which the rent is payable on a monthly basis, must provide a minimum of 60 days’ written fair notice to the tenant before the tenant must either:
(1) accept the proposed amendment;
(2) reach an acceptable compromise; or
(3) reject the proposed amendment to their tenancy.
If the required 60 days’ written fair notice has been provided and the tenant has not agreed to the proposed amendment or an acceptable compromise, the landlord may impose the proposed amended term(s) or require the tenant(s) to vacate the residence.
(c) The requirements of this ordinance shall apply within incorporated and unincorporated areas of Miami-Dade County.<<
[[(b)]]>>(d)<< Except for the notice provisions set forth in subsection (a) >>and (b)<<, all other provisions set forth in part II of chapter 83, Florida Statues, as such may be amended, shall govern residential tenancies.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Commissioner Jean Monestime
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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