TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONDUCT A COMMUNITY NEEDS ASSESMENT EVALUATING THE NEED AMONG LOW-INCOME MIAMI-DADE COUNTY RESIDENTS FOR LEGAL REPRESENTATION OR LEGAL SERVICES DURING LANDLORD DISPUTES AND THE EVICTION PROCESS FOR THE UPCOMING FISCAL YEAR, AND TO IDENTIFY NONPROFIT LEGAL SERVICES ORGANIZATIONS CAPABLE OF PROVIDING SUCH LEGAL REPRESENTATION OR LEGAL SERVICES, AND REQUIRING A REPORT; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO IDENTIFY AND INCLUDE LEGALLY AVAILABLE FUNDING, CONSISTENT WITH THE COMMUNITY NEEDS ASSESSMENT, IN THE COUNTY MAYOR�S PROPOSED FISCAL YEAR 2022-23 COUNTY BUDGET TO ASSIST LEGAL SERVICE ORGANIZATIONS TO PROVIDE LOW-INCOME MIAMI-DADE COUNTY RESIDENTS WITH LEGAL REPRESENTATION OR LEGAL SERVICES DURING LANDLORD DISPUTES AND THE EVICTION PROCESS; SUBJECT TO AND IN ACCORDANCE WITH THE BOARD�S APPROVAL OF THE COUNTY BUDGET, AUTHORIZES THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION AND TO NEGOTIATE AND EXECUTE AGREEMENTS AND EXERCISE PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, the coronavirus disease 2019 (�COVID-19�) pandemic has resulted in an economic crisis, which includes, but is not limited to, record unemployment and the risk of a surge in evictions; and
WHEREAS, because of the COVID-19 pandemic, many Miami-Dade County residents and business owners are struggling to make ends meet, and are unable to pay for basic necessities, such as rent and food; and
WHEREAS, since the commencement of the COVID-19 pandemic, extraordinary steps have been taken by the federal, state, and local governments and courts system to protect renters from eviction during the declarations of emergency issued by federal, state, and local authorities, including implementing eviction moratoria to prevent certain evictions from proceeding in court; and
WHEREAS, since the eviction moratoria have been lifted, the number of evictions that have been filed in the courts has increased; and
WHEREAS, according to a February 11, 2021 report entitled �Miami-Dade Evictions Report� (the �report�) that was submitted by the Office of the Commission Auditor to this Board, in 2020 there were 10,945 residential and commercial eviction proceedings filed in Miami-Dade County; and
WHEREAS, although the report shows that eviction proceedings are filed throughout the County, the report also highlights the fact that lower-income communities of color have higher incidences of evictions cases filed against renters in these communities; and
WHEREAS, this trend has been exacerbated by the recent surge in rental prices throughout Miami-Dade County; and
WHEREAS, since the onset of the COVID-19 pandemic and due to the surge in rental prices, this Board has taken steps to strengthen protections for tenants; and
WHEREAS, these steps include, but are not limited to, the enactment of the Fair Notice Ordinance, Ordinance No. 22-30, and the Tenant�s Bill of Rights, Ordinance No. 22-47; and
WHEREAS, in order to avail themselves of these protections and other protections under applicable law, tenants may require legal representation and services; and
WHEREAS, this Board has previously found that tenants are often unaware of their rights and of these protections or lack the financial resources to hire attorneys to enforce their rights or seek redress in court or before other agencies and entities; and
WHEREAS, the latest data from the National Coalition for a Civil Right to Counsel, collected from several dozen jurisdictions across the United States, demonstrates that, on average, only three percent of tenants have legal representation during eviction proceedings, compared to 81 percent of landlords; and
WHEREAS, Stout, a financial analysis company, has conducted studies�estimating the costs and benefits of providing a right to legal counsel for tenants facing eviction; and
WHEREAS, Stout�s reports suggest that cities and states may save far more money than they spend on providing legal counsel to tenants, due to its collateral impact on funding for homeless shelters, health care, foster care, and other social services; and
WHEREAS, Miami-Dade County has a history of providing nonprofit entities with certain funding in order to provide legal assistance to residents facing eviction; and
WHEREAS, for example, the County, through the Office of Management and Budget, Grants Coordination division, provides approximately $63,000.00 in community-based organization grant funds to Legal Services of Greater Miami, Inc. to provide legal advice, brief legal services, and representation for the purpose of helping low-income households with children avoid eviction from private housing and maintain stable housing for their children; and
WHEREAS, the demand for legal services like those offered by the Legal Services of Greater Miami, Inc., exceeds the resources that are currently available; and
WHEREAS, as a result, self-represented litigants often spend hours in line seeking the most basic guidance and legal assistance; and
WHEREAS, this Board believes that providing greater legal assistance to low-income residents facing landlord disputes and eviction proceedings is a meaningful step to address the looming eviction crisis and to protect tenants from unfair practices,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor or County Mayor�s designee to conduct a community needs assessment evaluating the need among low-income Miami-Dade County residents for legal representation or legal services during landlord disputes and the eviction process for the upcoming fiscal year, and further directs the County Mayor or County Mayor�s designee to identify nonprofit legal services organizations capable of providing such legal representation or legal services. The County Mayor or County Mayor�s designee shall provide the report to this Board within 45 days of the effective date of this resolution and place the completed report on an agenda of the full Board without committee review pursuant to Ordinance No. 14-65.
Section 2. Directs the County Mayor or County Mayor�s designee to identify and include legally available funding, in an amount consistent with the community needs assessment, in the County Mayor�s proposed Fiscal Year 2022-23 County Budget to assist nonprofit legal services organizations with providing low-income Miami-Dade County residents with legal representation or legal services during landlord disputes and the eviction process. The proposed Fiscal Year 2022-23 County Budget shall identify the nonprofit legal services organizations being recommended for funding and the amount of funding per organization.
Section 3. Subject to and in accordance with this Board�s approval of the County Budget, authorizes the County Mayor or County Mayor�s designee to take all actions that may be necessary to effectuate the purpose of section 2 of this resolution and to negotiate and execute agreements with the recommended nonprofit legal services organizations at their recommended amount of funding, subject to approval for form and legal sufficiency by the County Attorney�s Office. This Board further authorizes the County Mayor or County Mayor�s designee to exercise amendments, extensions, renewals, termination, waiver, and other provisions set forth in such agreements, following approval for legal form and sufficiency by the County Attorney�s Office, and subject to annual appropriation by the Board.