[RPPTL Leasing Committee] [RPPTL LandTenCL] Local Ordinances

Wed May 4 06:12:02 PDT 2022

Miami-Dade County passed the Tenants Bill of Rights yesterday - I have not
gone through in detail but there is a lot here. Our committee was invited
to comment on the bill of rights, and our comments were that many of the
County's goals could be accomplished if tenants had an understanding of
existing rights under the Landlord Tenant Act. Our recommendation was to
devote resources to a department that could help tenants maneuver existing
forms and processes and potentially devote resources to
translation services. The County went well beyond this recommendation and
has implemented rules beyond the scope of the Landlord Tenant Act.

https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2022/220904.pdf

Broward County voted on a notice rule for rent increases as well yesterday.
I believe this passed.

At our last meeting we had a discussion about the Miami-Dade rent increase
ordinance and Kevin Rabin pointed us to an opinion on the preemption issue.
I am hoping he can circulate for us. Do we want to add this to our agenda
for the next meeting?

Kristen King Jaiven, Esq.

VP Legal; General Counsel

The Signature Real Estate Companies

Ph: 561.705.0140

Direct Line: 561-300-6921

Email: Kristen at quadcompanies.com

www.SignatureRealEstateCompanies.com
<http://www.signaturerealestatecompanies.com/>

[image: Signature Partners] <http://mysignaturenetwork.com/>

On Wed, May 4, 2022 at 8:52 AM Real Estate Leasing Committee <
landtencl at lists.flabarrpptl.org> wrote:

> You must have read my mind Harry.  This issue has been weighing on me
> recently as well and I wonder whether the Statutes have any validity any
> more if each City or County has the ability to make their own rules. Should
> we consider the State Legislature enact some type of preemption?   I can't
> think of any other area of the law that can be governed by every
> municipality differently, making it impossible for there to be any
> consistency.  Not only are they poorly written, they fail to take into
> account the many possible circumstances in which their application creates
> a serious injustice and even a danger to residents.
>
> Also, anyone who is following these ordinances, the City of Lake Worth
> Beach in PBC is in the process of enacting a similar ordinance and has
> already passed their "first reading."  This City is also considering
> applying their ordinance to Commercial Properties as well.
>
> And lastly, I do work with many commercial property owners and would be
> happy to take any referrals.  Always appreciate you keeping us abreast
> Harry.
>
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> ------------------------------
> *From:* landten-bounces at lists.flabarrpptl.org <
> landten-bounces at lists.flabarrpptl.org> on behalf of RPPTL Real Estate
> Leasing Committee <landten at lists.flabarrpptl.org>
> *Sent:* Tuesday, May 3, 2022 5:01 PM
> *To:* landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>;
> landtencl at lists.flabarrpptl.org <landtencl at lists.flabarrpptl.org>
> *Subject:* [RPPTL Leasing Committee] Local Ordinances
>
>
> Some of you may not be aware of the spread of local ordinances which
> impact nonrenewal, rent increases and late fees.
>
>
>
> Miami-Dade’s change was a few months ago. Changes have occurred or will
> occur in Tampa, St Pete and I believe Collier County.
>
>
>
> It is certainly understandable why these changes are occurring. Large rent
> increases and the fact that MTM can be terminated quickly are problems BUT,
> having a patchwork of local ordinances now impacting state landlord/tenant
> law is a road many people do not wish to go down.
>
>
>
> If local government can do this, it basically renders the LL/Ten Act
> useless at some point.  Affordable housing is a problem in Florida, but I
> am not quite sure that those pushing these ordinances realize that there
> are unintended consequences.
>
>
>
> You may want to keep an eye on these ordinances as they are poorly drafted
> by lawyers who do not practice landlord/tenant law.  While I may not agree
> with these ordinances, we try to help them get the drafting right so we can
> properly advise our clients on how to comply with them.
>
>
>
> Harry
>
>
>
>
>
>
>
>
> *LAW OFFICES OF HEIST, WEISSE & WOLK P.A. PH: 1 800 253 8428 FAX: 1 800
> 367 9038 "Serving the Property Management Professional" Website:  *
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> * Email:  harry at evict.com <harry at evict.com> *
>
>
>
>
>
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