[RPPTL Leasing Committee] [RPPTL LandTenCL] Local Ordinances

Wed May 4 06:57:59 PDT 2022

Attached is the AG opinion on the subject (from former Atty. Gen. Bob
Butterworth). The City of Miami Beach extended the statutory minimums in
83.57 about 30 years ago in accordance with this advisory opinion, and as
the rental markets across the state have reached a fever pitch (
https://www.cbsnews.com/news/florida-least-affordable-state-us-miami-tampa-orlando-naples-rent/),
municipalities are reacting to try to curb a growing level of unaffordable
housing. For those who don't represent tenants, I can offer this
observation - low-income tenants who my organization represents are
struggling to find alternative housing in less than 90 days throughout our
service area, an issue magnified by property management's increased use of
consumer reports and harsher screening criteria on matters like credit
scores and eviction case filings (not judgments, just filings). If you
represent landlords, you've probably seen an uptick in holdover cases for
the same reason - the tenants cannot actually find housing in the limited
time allotted by FRLTA minimums.

>From my perspective, I think the opinion is sound in its analysis on the
subject (Home Rule power is broad and there's no real argument that FRLTA
preempts local ordinances that are additive), and while some may prefer a
uniform approach to notice periods, it would be quite a feat of "big
government" to dictate that local municipalities cannot determine their own
rental markets' needs. To illustrate, in the wide swath of 17 counties in
North Florida I work in, the rental markets and needs of landlords and
tenants in Suwannee, Hamilton, and Dixie County are incredibly distinct
from the markets and needs of Duval, Alachua, and St. Johns County.
Flattening standards across markets creates a lot of unintended
consequences. I agree further discussion is a good idea, but would also
suggest that these concerns may be best raised in the local legislative
processes resulting in these ordinances. In Alachua County, we have been in
these discussions with policymakers alongside local realtors, public
housing authorities, property management companies, and housing developers,
and that collaborative process seems to have kept all stakeholders involved
in a way that engages everyone's concerns thoughtfully.

On Wed, May 4, 2022 at 9:13 AM RPPTL Real Estate Leasing Committee <
landten at lists.flabarrpptl.org> wrote:

> 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.
>>
>> *Cary Sabol*
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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:  *
>> *www.evict.com* <http://www.evict.com/>
>> * Email:  harry at evict.com <harry at evict.com> *
>>
>>
>>
>>
>>
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