HomeMy WebLinkAboutO-14113City of Miami
Ordinance 14113
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12336 Final Action Date: 10/13/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62/ARTICLE XVII/SECTION 62-663 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND
ZONING/COVENANTS FOR AFFORDABLE OR WORKFORCE
HOUSING/REQUIREMENTS, ENFORCEMENT PROVISIONS, AND
PENALTIES FOR RESTRICTIVE COVENANTS ASSOCIATED WITH
AFFORDABLE OR WORKFORCE HOUSING RELATED TO DEVELOPMENT
INCENTIVES, BENEFITS, OR BONUSES", BY ADDING SUBSECTION 62-
663(9) TO CLARIFY AND PROVIDE A PROCESS FOR ADMINISTRATIVELY
AUTHORIZING PARTIAL RELEASES AND SUBORDINATIONS OF CERTAIN
AFFORDABLE HOUSING COVENANTS RELATED TO AND REQUIRED BY
GOVERNMENT -BACKED PROGRAM FINANCING OR REFINANCING;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, Section 62-663 of the Code of the City of Miami, Florida, as amended ("City
Code"), titled "Requirements, enforcement provisions, and penalties for restrictive covenants
associated with affordable or workforce housing related to development incentives, benefits, or
bonuses," addresses covenants associated with affordable or workforce housing related to
development incentives, benefits, or bonuses; and
WHEREAS, the City of Miami ("City") has had an uptick of requests for City affordable
housing covenant subordinations and partial releases required by government -backed financing
or refinancing; and
WHEREAS, facilitating affordable housing is of utmost importance to the City and its
residents; and
WHEREAS, it is in the City's best interest to have a process in place to allow for
administrative approvals of partial releases and subordinations of certain affordable housing
covenants related to and required by government -backed program financing or refinancing,
specifically when such partial releases or subordinations do not adversely impact the City's
affordability requirements within the City's affordable housing covenant, including but not limited
to the Area Median Income of the affordable units and the number of affordable units;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 4 File ID: 12336 (Revision: A) Printed On: 6/23/2025
File ID: 12336 Enactment Number: 14113
Section 2. Chapter 62 of the City Code is hereby amended in the following particulars:1
"CHAPTER 62
PLANNING AND ZONING
*
ARTICLE XVII. - COVENANTS FOR AFFORDABLE OR WORKFORCE HOUSING
Sec. 62-663. - Requirements, enforcement provisions, and penalties for restrictive covenants
associated with affordable or workforce housing related to development incentives, benefits, or
bonuses.
Enforcement of this article shall be by chapter 2, article X of the City Code or any other
remedies as provided by law and as further stated herein.
All covenants for affordable or workforce housing that may be associated with development
incentives, benefits, or bonuses, shall be subject to the following requirements, enforcement
procedures, and penalties. This includes any covenants associated with providing affordable or
workforce housing voluntarily proffered with a request for a change of zoning.
(1) All such covenants shall only be released after the initial required term, according to the City
Code or the Miami 21 Code, as applicable, by the city commission at a publicly noticed hearing,
unless otherwise specified in the covenant. All costs, expenses, and fees associated with
releasing the covenant at the publicly noticed hearing, shall be the sole responsibility of the
party requesting the release unless the covenant being released is an individual covenant as
defined herein.
(2) All such covenants shall include a provision that requires each affordable or workforce
housing unit that is sold to include a deed restriction, that the unit shall only be sold with a
purchase cost equal to or less than the standards for those individuals whose income is at or
below the area median income ("AMI"), as established in the covenant and shall further indicate
that the unit shall only be rented to individuals whose income is at or below the AMI as
established in the covenant. The deed restriction must specify the specific applicable AMI. All
covenants shall also reference the requirements as stated in this section.
(3) Any violation or noncompliance of the covenant for affordable or workforce housing shall be
immediately referred to code compliance department for enforcement proceedings, lien
placement, and citations pursuant to chapter 2, article X of the City Code.
(4) Any violation or noncompliance of the covenant for affordable or workforce housing shall
result in a monetary penalty to be deposited into the affordable housing trust fund. Such
monetary penalty shall be assessed as a daily fine of $250.00 per day per violation until proof of
compliance has been provided to the city. The monetary penalty shall not be subject to
mitigation or otherwise modified by any body including, but not limited to the code enforcement
board.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 4 File ID: 12336 (Revision: A) Printed on: 6/23/2025
File ID: 12336 Enactment Number: 14113
(5) Any violation or noncompliance of the covenant for affordable or workforce housing shall be
referred to the city attorney's office for enforcement, including but not limited to injunctive relief
and/or any other remedies in law or equity.
(6) The use of one remedy shall not preclude the use of another.
(7) All such covenants for affordable or workforce rental housing must include a provision that
requires the covenantor to receive written authorization from the city manager prior to
converting any rental housing units to homeownership units. In the event that the conversion is
authorized, the city shall record covenants on individual units ("individual covenants") in a
manner that creates the same amount of affordable or workforce homeownership units specified
in the covenant for affordable or workforce housing. Each individual covenant must (i) specify
the applicable AMI for any purchaser during the term of the individual covenant and (ii) expire
on the same date as the covenant for affordable or workforce housing.
(8) Any modification of a covenant shall require approval of the city commission at a publicly
noticed hearing, unless otherwise specified in the covenant. All costs, expenses, and fees
associated with modifying the covenant at the publicly noticed hearing shall be the sole
responsibility of the party requesting the modification unless the covenant being modified is an
individual covenant as defined herein.
(9) Notwithstanding any language contained in this Article or any language in the covenant, the
City may administratively perform the following related to a document required by a United
States Housing and Urban Development (HUD), Florida Housing Finance Corporation, Federal
Housing Agency, Fannie Mae, Freddie Mac, any Miami -Dade County affordable housing
program, or any other government -backed program financing or refinancing for a development
where such document does not adversely impact the City's affordability requirements within the
City's covenant, including but not limited to the Area Median Income of the affordable units and
the number of affordable units:
i) authorize a partial release of a covenant as described herein, or
ii) approve a subordination of a covenant as described herein
Any such partial release or subordination as described in this Section shall require a
recommendation of approval and signature from the Director of the Department of Housing and
Community Development, the Planning Director, the Zoning Administrator, and the City
Manager, or their designees, and be approved by the City Attorney, or designee, as to legal
form or correctness. The City Manager shall provide written notice to the members of the City
Commission when such covenant is administratively released or subordinated. In the event that
the partial release or subordination does not receive approval from all Departments listed
herein, such request may be placed on a City Commission agenda."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective upon ten (10) days after final reading
and adoption.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
City of Miami Page 3 of 4 File ID: 12336 (Revision: A) Printed on: 6/23/2025
File ID: 12336
APPROVED AS TO FORM AND CORRECTNESS:
r
dez, ity ttor
Enactment Number: 14113
I
iey ) 10/3/2022
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 4 of 4 File ID: 12336 (Revision: A) Printed on: 6/23/2025