Eviction History To Be Banned In Tenants Bill Of Rights

Miami FL

21 April, 2022

3:27 PM

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By Johania Charles, Miami Times Staff Writer, the Miami Times Apr 19, 2022 Tenants rights advocates are holding their breath as the Miami-Dade Board of County Commissioners prepares to cast a vote May 3 to allow or disallow a Tenants Bill of Rights for county renters. A sea of organizers in orange shirts flooded commission chambers last Thursday for a public hearing of the bill at a county Public Housing and Community Services Committee meeting. The group cheered triumphantly and silently used jazz hands after hours of deliberation led to a 4-0 committee vote to move the amended legislation forward. Commissioners René García, Oliver Gilbert III and Joe Martinez were absent for the vote. Drafted by Commissioners Jean Monestime and Raquel Regalado, the bill identifies unlawful landlord practices, requires landlords to present renters with a tenants' rights notice within 10 days of receiving a lease, and establishes an information helpline, a tenants' website and a county housing advocacy office under Chapter 17, Article XIII of the Code of Miami-Dade County. District 2 Commissioner Jean Monestime presides over an April 14, 2022, Public Housing and Community Services Committee meeting as its chair. (Johania Charles for The Miami Times) "This Tenants Bill of Rights is the next step forward, " said Commissioner Eileen Higgins at the hearing. "Ninety-five percent of evictions are for not being able to pay rent and people do deserve a second chance on that front." Sponsors of the bill looked to other Florida counties that passed a similar measure to determine what should be outlined in the county's ordinance, in addition to consulting with the county's Public Housing and Community Development department, consumer advocates and the Department of Regulatory and Economic Resources. Last March, Hillsborough County government passed its own bill of rights to include additional protections for residential tenants and protections from income discrimination. St. Petersburg did the same in 2019 to stop landlords from assessing a late payment fee against tenants without first providing a written notice. Dozens of speakers at the public hearing – from Miami Workers Center, Florida Rising and Engage Miami – publicly shared stories of poor housing conditions that fostered rodent infestations, unclean water, illness and, in severe cases, hospitalization. Little Haiti organizer Jessica Saint-Fleur said she was one of those people hospitalized because of a mold issue in her apartment that went unresolved. Saint-Fleur's family was later evicted and forced into homelessness back when she was only a junior in high school. Though her family was able to get back on its feet, she told commissioners that heightened rent prices paired with continued practices of not repairing units that are in deplorable conditions are cause for great concern. Jessica Saint-Fleur, a Little Haiti resident and organizer with Engage Miami, speaks at a public hearing in support of a Tenants Bill of Rights. (Johania Charles for The Miami Times) "My family was swindled out of this home at the end because they had no understanding of their rights and protections," she said, requesting more resources and translation for Haitian-Creole speakers. "This community needs help ... I am a young person and I'm [already] taking care of three generations in my home." Janie Jackson, a Liberty City resident and Miami Workers Center member, has also had to lend a helping hand to struggling families. "Me and my son, we opened our home to [two people that were recently evicted]," she revealed, explaining that some residents may be a paycheck away from eviction. "We need this bill passed." Opposing voices at the hearing were scolded by organizers and met with thumbs-down signals. The bill is not an end-all to evictions or increased rent, instead, it affords tenants with additional rights that may have otherwise not been identified without such an ordinance. Sec. 17-167 bars landlords from taking action against tenants who deduct repairs made on their own out of rental payments, makes it unlawful for landlords to require eviction history disclosure in tenant applications or retaliate against tenants for use of the helpline. Landlords must also inform month-to-month tenants at least 60 days in advance via written notice if there will be changes in ownership that may result in eviction. "We need a balanced item that can help both sides to be protected," said Daniel Gerra, Miami Association of Realtors 2021 residential president. "We're mixing issues, one is a bill of rights and one is finding ways to find affordable housing. … We already have codes and laws to protect against the bad actors on both sides of this item, without enforcing those codes and laws, we're not going to solve anything by adding another bill." Gerra said he isn't opposed to a bill of rights but felt that this legislation, in its current state, could lead to abuse and unintended consequences. Organizers boo and use thumbs-down hand gestures against speakers who opposed Tenants Bill of Rights legislation. (Johania Charles for The Miami Times) "It's hard to create laws that are meant to help people when we know that there's a double-edged sword to this," said Commissioner Keon Hardemon, siding with Commissioner Daniella Cohen Higgins over concerns of the bill's possible shortcomings, mainly expressing disagreement with the eviction history disclosure ban. Monestime, who presided over the hearing as the committee's chair, explained that the rule would be similar to the county's Ban the Box measure passed seven years ago that called for removal of criminal history questions from county job applications to avoid hiring discrimination. "I think these checkboxes that stereotype people are an extremely bad idea and dangerous and do lead to bias," said Higgins. "So I am extremely comfortable with making sure we're banning yet another box that is keeping people from opportunities. "My point is not that people don't deserve a second chance, of course, they do. What we did when we were kids shouldn't reflect our ability to move forward with our lives as adults. However, transparency is always the better approach in moving forward." public hearing to consider Tenants Bill of Rights legislation was held last Thursday during a Public Housing and Community Services Committee meeting. (Johania Charles for The Miami Times) The section labeled "Unlawful Practices" says landlords cannot "inquire about, consider or require disclosure from a prospective or current tenant regarding their eviction history when considering an application for admission." It was amended along with four other sections, striking out the word "consider" from the ordinance since landlords can legally request this information through public records. Provisions under the bill will be monitored by the county mayor's office, which is responsible for submitting annual reports to the board. The report should include the number of complaints referred to federal, state or local offices, as well as outreach and training activities undertaken by the proposed Office of Housing Advocacy. Three positions to carry out the duties of the office would be required and have already been accounted for in the county's 2021-2022 fiscal year. If approved, the Tenant Bill of Rights would be effective 10 days after its enactment unless vetoed by Mayor Daniella Levine Cava. The Miami Times is the largest Black-owned newspaper in the south serving Miami's Black community since 1923. The award-winning weekly is frequently recognized as the best Black newspaper in the country by the National Newspaper Publishers Association.