Miami-Dade Tenants Bill Of Rights Passes Unanimously

Miami FL

04 May, 2022

5:08 PM

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By Samantha Morell, Miami Times Staff Writer (Gregory Reed), the Miami Times May 3, 2022 After hours of debate and a near deferment, the Tenants Bill of Rights for county renters was approved by a unanimous vote Tuesday, resulting in a wave of happy hands belonging to advocates who have long been fighting for housing rights in Miami-Dade County. The bill will require landlords to notify tenants of their rights, of upcoming evictions or rate increases, and of issues with their property – such as the presence of mold, rodents or structural damage – and to do so in a timely manner. In a nearly five-hour debate, commissioners made final revisions regarding specific language and deadline requirements within the bill's guidelines. What was predicted to be a quickly-passed item in a packed agenda went temporarily sideways when several amendments were introduced that commissioners deemed confusing or conflicting, leading District 6 Commissioner Rebeca Sosa to initially request a two-week deferral before a final vote was made. During debate, some commissioners tried to balance the rights of tenants with those of their landlords, who Sosa fears will have to carry an all-too burdensome weight if taxes begin to soar. The Tenants Bill of Rights will require landlords to notify tenants of their rights, of upcoming evictions or rate increases, and of issues with their property – such as the presence of mold, rodents or structural damage. (Gregory Reed) "We have to take care of the tenants, but we have to take care of the landlords," Sosa said. "We have a lot of families who have worked for years to be able to buy a duplex, rent one and live in the other – to be able to retire and have some security in their lives." In response, District 7 Commissioner Raquel Regalado – who sponsored the bill alongside Commissioner Jean Monestime – assured the legislation would be better understood by small property owners who don't have the luxury of management offices or teams of attorneys, when they learn more about it. Still, she said, she is also simultaneously working on a counter bill of rights for landlords. With that said, Chairman Jose "Pepe" Diaz supported Sosa's proposed deferral so that both items could be discussed concurrently. But that didn't sit right with commissioners whose priority is to serve tenants who have been evicted with little notice or who have otherwise been forced to unknowingly live in substandard environments – such as when residents were suddenly evacuated from Crestview Towers Condominium in North Miami Beach last year due to unsafe conditions. "I see no reason that we should be delaying any kind of legislation that helps protect the powerless," said District 5 Commissioner Eileen Higgins. "I also see no reason why we should be accelerating legislation that protects the powerful." "Bills of rights are written to protect people who have their rights being threatened and people who have a diminished negotiating and power position," said Vice Chairman Oliver Gilbert, III. With an 8-5 vote to deny the motion for deferral, the meeting treaded steadily along as commissioners took their turns speaking their peace and introducing their own amendments before a compromise was finally reached hours later. One particular concern revolved around an amendment that would adjust the guidelines for repairs sought out by tenants living in substandard conditions. Although the revision – requiring a seven-day notice to the landlord and the acquisition of a minimum of two cost estimates by licensed professionals – was itself only a minor point of contention, it forced the board to revisit the general point of repairs, leading to a stirring discussion on who should bear the weight of associated costs. Sosa again advocated for smaller landlords, worrying about what might happen if one doesn't receive their seven-day notice by virtue of being out of town or in the hospital, for instance. County Attorney Terrence Smith says the result is the same as when a renter carries the burden to prove that they didn't receive a rental bill in a court of law. If the landlord can't do so, the tenant will have every right to move forward with a repair and later deduct the cost from their rental payment in accordance with state law. The finalized version of the Tenants Bill of Rights included an amendment proposed by District 11 Commissioner Joe Martinez, which specifies that only costs for "reasonable repairs" can be deducted from a tenant's rental payment – excluding the mending of damages "intentionally or inadvertently" caused by the renter or their guests. Other amendments included the introduction of language that would disallow tenant-landlord intimidation or retaliation and ensure to "level the playing field" rather than "prioritize tenants," as the text initially read. Another change would permit landlords to seek out pre-screening methods besides requiring the renter to disclose their eviction history, which is prohibited according to the bill. 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.