HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8685
Date: 02/25/2021
Commission Meeting Date: 02/25/2021
Type: Resolution
Subject: Moratorium on Eviction
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of the City Attorney
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Nicole Ewan
Valentin J Alvarez
Richard Appleton
Leon P Michel
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Requesting Department: City Commission
Sponsored By: Alex Diaz de la Portilla,
Manolo Reyes
District Impacted:
Reviewed B
Meeting
Legislative Division Review
ACA Review
Budget Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
02/25/2021 9:00 AM
03/09/2021 9:46 AM
03/19/2021 10:44 AM
03/22/2021 9:59 PM
03/23/2021 11:25 AM
03/25/2021 9:44 AM
03/25/2021 9:46 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0079
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8685 Final Action Date:2/25/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
COUNTY MAYOR DANIELLA LEVINE CAVA ("MAYOR LEVINE CAVA") TO REQUIRE
THAT THE MIAMI-DADE POLICE DEPARTMENT NOT EXECUTE
EVICTION/FORECLOSURE ORDERS, INCLUDING BUT NOT LIMITED TO WRITS OF
POSSESSION, DURING THIS HISTORIC PANDEMIC UNTIL QUESTIONS OF
FRAUDULENT FORECLOSURES HAVE BEEN INVESTIGATED AND ADJUDICATED
WITH ALL DUE PROCESS REQUIRED BY THE UNITED STATES CONSTITUTION
AND THE FLORIDA CONSTITUTION; DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN.
WHEREAS, all City of Miami ("City") residents should be afforded the rights that are
legally available to them before their homes are taken from them through fraudulent
foreclosures; and
WHEREAS, the Fifth Amendment to the United States Constitution and Article 1, Section
9 of the Florida Constitution provide "No person shall be deprived of their life, liberty, or property
without due process of law"; and
WHEREAS, a fraudulent foreclosure is not due process; and
WHEREAS, the City Commission urges Miami -Dade County Mayor Daniella Levine
Cava and Miami -Dade County Police Department Director Alfredo Ramirez III (collectively,
"County") to require that the Miami -Dade County Police Department ("MDPD") not execute
eviction/foreclosure orders, including but not limited to writs of possession, until questions of
fraudulent foreclosures have been investigated and adjudicated with all due process required by
the United States and Florida Constitutions; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in this Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission urges the County to require that the MDPD not execute
eviction/foreclosure orders, including but not limited to writs of possession, during this historic
pandemic until questions of fraudulent foreclosures have been investigated and adjudicated with
all due process required by the United States and Florida Constitutions.
Section 3. The City Clerk is directed to transmit a certified copy of this Resolution to the
County.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: