On October 26, 2022, at the request of Commissioner Arriola, the City Commission referred to the Finance and Economic Resiliency Committee (FERC) a discussion (Item C4 M) regarding protections for tenants. 

On November 16, 2022, Commissioner Fernandez sponsored and the City Commission adopted Resolution No. 2022-32393 approving funding for the Tenant Defense Program (“the Program”) with Legal Services of Greater Miami, Inc. (“Legal Services”) utilizing HOME American Rescue Plan (HOME-ARP) funds. The Program allows legal services to be provided to qualifying low- and moderate-income residents to address issues associated with tenant rights, including evictions, necessary repairs not completed by the landlord, 60-day notices before rent increases, and instances when landlords refuse to cover temporary housing expenses when a tenant’s unit is deemed unsafe and uninhabitable.

At its meeting on January 27, 2023, the FERC directed the Administration to invite Legal Services to the February 17, 2023 FERC meeting to present the services available to renters facing landlord-tenant issues related to rent increases, quality of life, and property standards. The Committee also requested a quarterly update on metrics and benchmarks related to the Program.

At the February 17, 2023 FERC meeting, Legal Services presented the services available to renters. The FERC requested that the Administration promote the Program on mass transit, such as trolleys and Miami-Dade County Metrobuses travelling throughout the City, in addition to coordinating community workshops. The Committee also requested quarterly updates to address the outcome of cases referred.

At the April 21, 2023 FERC meeting, the Administration updated the Committee on its efforts to promote the Program. The Committee requested the Administration provide an update at the June 23, 2023 FERC meeting regarding the following:

1) employment resources available to Miami Beach residents who are looking for jobs;

2) exploration of any employment opportunities available to residents in coordination with the Economic Development Department;

3) inclusion of the Program in MB magazine through the Office of Marketing and Communications; and

4) an update by Legal Services on the new legislation, along with a status of the potential preemption bill.

The item was not heard at the June 23, 2023 FERC meeting. 

Tenant Defense Project

Legal Services staff continues to meet with residents by appointment on a bi-weekly basis at the Office of Community Services walk-in center, located at 765 17^th Street. In addition, the Office of Housing and Community Services staff is responsible for supporting residents needing to schedule an appointment for housing issues.

From January - June 2023, Legal Services received twenty-nine (29) referrals, forty-four (44) scheduled appointments and/or walk-ins for a total of seventy-three (73) referrals from the City’s Office of Housing Community Services. There have been eight (8) residents of the city who have contacted Legal Services on their own for assistance. During this timeframe, Legal Services has provided information and referrals to nineteen (19) clients and closed fifteen (15) cases. Walk-in clients are also seen on Thursdays, based on availability. The referrals provided to clients are for other providers that can better assist clients with their housing needs.

Pursuant to the FERC recommendation on February 17, 2023, the Administration identified ways to market the Program on mass transit. Outfront Media, a city-approved vendor, provided estimates to market and advertise the Program on public transportation facilities throughout the City. The Office of Housing and Community Services paid for up to two (2) bus shelter locations for 60 days for approximately $2,250. Subsequently, Outfront Media granted access to a digital advertisement platform at the Alton Road Food Hall at no additional cost.

On May 23, 2023, Legal Services conducted a tenant rights workshop at the Miami Beach Regional Library for the elderly community. In addition, the Administration is coordinating a tenant rights workshop to be held on August 19, 2023, at the North Shore Youth Center Park.

Staff worked with the Office of Marketing and Communications and released a public service announcement on YouTube promoting the various programs offered to residents, including the Tenant Defense Program. Additionally, the MB magazine features an article on the Program in its summer edition, which was published in the first week of July 2023.

Legislative Update

The Live Local Act (SB102), Fee in Lieu of Security Deposits (HB133), and Residential Tenancies (HB1417) are new legislations that went into effect on July 1, 2023.

The Live Local Act is a comprehensive, statewide workforce housing strategy, designed to increase the availability of affordable housing opportunities for Florida’s workfoce, who desire to live within the communities they serve. This Act known as SB 102, provides historic funding for workforce housing. In addition to a number of new programs, incentives, and opportunities, this legislation works to refocus Florida’s housing strategy in ways to make housing more attainable.

Legal Services of Greater Miami will provide an update on the new legislation and how it affects tenant protections and policymaking.

SB 102 – Housing/ Live Local Act

https://www.flsenate.gov/PublishedContent/Session/2023/BillSummary/Community_CA0102ca_00102.pdf

The Fee in Lieu of Security Deposits (HB133) legislation authorizes the landlord to offer the tenant option to pay a fee in lieu of a security deposit; provides requirements relating to certain notices, filing of insurance claims, options for paying fees, & written agreements between landlord & tenant to pay fee in lieu of security deposit; prohibits landlord from accepting certain payments; specifies landlords have exclusive discretion whether to offer tenants such option; prohibits landlord from approving or denying application for occupancy based on prospective tenant's choice to pay fee in lieu of security deposit.

HB133 - Fees in Lieu of Security Deposits

https://www.flsenate.gov/PublishedContent/Session/2023/BillSummary/Judiciary_JU0133ju_00133.pdf

The Residential Tenancies (HB 1417) legislation is a preempting regulation of residential tenancies and landlord-tenant relationship to state; specifies that act supersedes certain local regulations; reviews how much notice is required to terminate certain tenancies.  

HB1417 - Residential Tenancies

https://www.flsenate.gov/PublishedContent/Session/2023/BillSummary/Judiciary_JU1417ju_01417.pdf

Employment Opportunities

The Administration is working on identifying community partners to assist with promoting available employment opportunities for Miami Beach residents who are income-challenged or have limited access to information on employment opportunities.

Fiscal Impact: The Tenant Defense Program is funded by HOME-ARP funds in the amount of $183,801.

The Administration will continue to work collaboratively with Legal Services of Greater Miami and other community providers on promoting services and community resources that benefit and protect renters in Miami Beach.