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Home My WebLink AboutItem #43 - Discussion ItemeIN 6 - a. Miguel A. Pirez•Fabar Attomey at Law - Abogado July 24, 1980 Mr. Joseph R. Grassie City Manager 174 E. Flagler Street Miami, Florida 33130 Dear Mr. Grassie: This firm was engaged by various interested citizens of the community and representatives of various civic organizations in order to prepare a proposed rent control ordinance for the City of Miami herein attached and is hereby requesting that time be alloted at the next meeting of the Miami City Commiss- ion currently scheduled for September 12, 1980 for consideration of this ordinance on a first reading in the expectation of its eventual final approval and incorporation in the City Code. Attached please find signatures of registered voters and civic leaders which are proponents of this ordinance. The group has requested that I act as their spokesman before the Commission in order to answer any and all questions which may arise in connection herewith. Please address all communications to the undersigned at the below listed address. Thank you. Respectfully submitted, LAW -OFFICE OF/ MIGUEL A. Pa EZ-FABAR Byv////'_' ra-yU�L PIRZ�-FABARMAP cc's:Ms. A. Bellany, Ass't City Mrg. Mr. G. Knox, City Attorney 201 SEVILLA 0 SUITF. M a CORAL GABLES, FLORIDA 33134 0 PHONE: /JOSJ 446-7728 The undersigned, residents and electors of the City of Miami in Dade County, Florida by their signature acknowledge, endorse and support the Proposed Rent Control Ordinance hereto attached and request that it be placed in the forthcoming agenda of the City Commission in expectancy that it be passed on first reading and thereafter finally approved and incorporated in the city code. NAME ADDRESS —2 JAW eel.7A 33, ./ C• "e, C>,1— - -v�/ P % .� egos- ��1��- �)/e ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI, SO AS TO PROVIDE FOR THE REGULATION AND PROHIBITION OF CERTAIN UNCONSCIONABLE RENT INCREASES OF HOUSING ACCOMMODATIONS; DECLARING THE EXISTENCE OF AN EMERGENCY REQUIRING SUCH REGULATION; PROVIDING DEFINITIONS; PROVIDING REBUTTABLE PRESUMPTION; PROVIDING PENALTIES; SAVING ALL REMEDIES WHICH ACCRUED UNDER ANY PRIOR ORDINANCE; PROVIDING FOR REPEAL OF CONFLIC- TING ORDINANCES; SAVING ALL ACTIONS WHICH ACCRUED UNDER ANY PRIOR ORDINANCE; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING EFFECTIVE DATE AND DURATION OF THIS ORDINANCE. WHEREAS, the recent increase in conversions of existing apartments from rental to condominiums has resulted in a scarcity of available rental units; and WHEREAS, a majority of landlords in the City of Miami have voluntarily shown consideration for the; ravages of inflation and have pledged themselves to voluntarily restrain from making unconscionable demands for increases in rent and to attempt to hold rent increases to within the President's guidelines on inflation; and WHEREAS, there are a few landlords within the City who are unscrupulously profiteering by demanding unconscionable rent increases above and beyond what is necessary to allow them a fair return on their investments; and WHEREAS, there are a large number of persons living within the City of Miami on fixed or low incodes, who are therefore, part- icularly sensitive to the effects of inflation in general and uncon- scionable and extraordinarily large increases in rent in particular; and WHEREAS, a grave and serious public emergency exists with respect to the housing of citizens of Miami as exacerbated by the recent refugee influx; and WHEREAS, this emergency cannot be dealt with effectively by the ordinary operations of the private rental housing market, and unless unconscionable rent increases, as defined herein, are prohibited, such emergency and the inflationary pressure therefrom will produce a serious threat to the public health, safety and general welfare of the citizens of Miami, Florida; and WHEREAS, this Ordinance is based solely upon local cond- itions unique to the City of Miami and shall not be construed to preempt State law; ` e -1- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA$ THAT THE CITY CODE BE AND THE SAME IS HEREBY AMENDED, ADDING THE FOLLOWING ADDITIONAL ARTICLE WHICH SHALL CONSIST OF OF THE SECTIONS STATED BELOW AND WHICH SHALL READ AS FOLLOWS: ARTICLE Section 1: Definitions: Unless a different meaning clearly appears from the context, the following terms shall mean and include: Unconscionable Rent Increase: A rent increase which is greater than two times the percentage increase in the Consumer Price Index - All Urban Consumers - (CPI-U) - U. S. Average Housing, determined as follows: 1. Percentage of rent increase is to be determined as follows: a) Subtract the current rental figure from the proposed rental figure. b) Divide the result reached in 1-a) by the current rental figure. c) Multiply the result reached in 1-b) by 100, the resulting figure being the percentage increase in rent. 2. Percentage increase in the CPI for the comparable period shall be determined as follows: a) Ascertain the CPI at the date six months prior to the date the current rental figure first became effective. b) Ascertain the CPI at the date six months prior to the effective date of the proposed rental figure. c) Subtract the result reached in 2-a) from the result reached in 2-b). d) Divide the result reached in 2-c) by the result arrived at in 2-a). e) Multiply the result reached in 2-d) by 100, said figure being the percentage increase in the applicable CPI's for the comparable period of the proposed rent increase. 3. When the result reached in 1-c) is greater than two times the result reached in 2-e), the rent increase is unconscionable. Section 2: Unconscionable Rent Increase: Rebuttable Presum2tion. 1. A rent increase which is greater than two times the per- centage increase in the Consumer Price Index - All Urban Consumers - (CPI-U) - U.S. Average, Housing, as determined in Section 17A-21, is presumptively unconscionable. -2- 2. It shall bw unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodation which is unconscionable, as specified in subsection 1. 3. The Miami City Commission finds that a finding of a rent increase which is greater than two times the percentage increase in the Consumer Price Index, - All Urban Consumers'- (CPI-U), - U.S. Average, Housing, is so onerous that the circumstances warrants the establishment of a rebuttable presumption of unconscionability of such rent increases, as specified in subsection 1. The pre- sumption may be rebutted by a lessor upon the showing of additional facts and circumstances to justify and validate what otherwise appears to be an unconscionable rent increase under this section, as deter- mined by a court of competent jurisdiction. 4. The Table of Consumer Price indices - All Urban Con- sumers - (CPI-U), - U.S. Average, Housing, attached hereto as Ex- hibit "A" is found to be true and correct and incorporated into this Ordinance by reference. The indices contained therein shall, to the extent they relate to a relevant point and time, be used for calcul- ations under this Ordinance. Section 3. Penalty: Any person who willfully violates any provision of this Ordinance shall, upon his conviction of a first violation, be subject to a fine not to exceed Five Hundred Dollars ($500.00); and*for each sub- sequent offense, shall be subject, upon his conviction, to a fine up to Five Hundred Dollars ($500.00) and/or imprisonment for a period not to exceed sixty (60) days. Section 4. Remedies Saved: All causes of action or remedies accrued under any prior Ordinance shall survive. Section 5. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Severability. If any provision of this Ordinance, or the application of such pro- vision to any person or circumstance is declared invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision or application of this Ordinance, it being the intent of the City Commission that the provisions of this Ordinance shall be deemed severable. Section 7. Coveraae. It is the specific intent of the Miami City Commission that nothing contained herein shall be in conflict with Florida Statutes 166.043 and 125.0103 as now in effect or as may be hereinafter amended in regards to the application hereof to various limitations set out in said statutes. -3- Section 8. Effective Date and Duration. This Ordinance shall go into effect upon its passage in accordance with law. The prohibition against unconscionable rent increases hereunder shall remain in effect until one year after effective date of this Ordinance unless extended or terminated by the City Commission of the City of Miami prior to that date. N 0 -4- A .A