Tenant’s Bill of Rights Ordinance, Miami-Dade County Commissioners’ Ordinance No. 22-47
- Miami-Dade County, Florida
- In Effect: May 14, 2022
TL;DR:
The Miami-Dade County’s Tenant’s Bill of Rights gives renters more legal rights, including the ability to make repairs and deduct the rent for the cost of the repairs, requiring landlords to provide additional notice requirements for rent increases. This also creates the Office of Housing Advocacy.
What it is:
The Office of Housing Advocacy (OHA) acts as a clearinghouse and coordinator to address issues of affordable housing and landlord and tenant rights with a focus on assisting families and individuals’ efforts to obtain housing-related resources. OHA collaborates with County departments, developers, nonprofits, and other community stakeholders to formulate policies and initiatives that will expand affordable housing and prevent resident displacements. The Office consists of a director, a tenant advocate, and a housing advocate.
The bill of rights includes provisions for:
- creating chapter 17, article XIII of the Code
- providing intent, purpose, and definitions
- creating an Office of Housing Advocacy
- establishing unlawful practices
- providing for a tenant’s notice of rights
- providing for a tenant information helpline and website
- establishing enforcement procedures
- requiring annual reports
What it means & whom it affects:
Housing Providers
Landlords, property managers, and housing providers in Miami-Dade County, Florida must abide by this ordinance.
Renters
Renters and rental applicants in Miami-Dade County, Florida are protected under the rights listed in this ordinance and have access to a Housing Advocacy Hotline.
Notice Containing Summary of Tenant’s Rights Under OHA
Rental applicants are protected from discrimination on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, actual or perceived status as a victim of domestic violence, dating violence or stalking, or source of income. Applicants also have additional rights under the Federal and Florida Fair Housing Acts which prohibit discrimination on the basis of gender, national origin, religion, color, disability, familial status, or race.
Housing providers and landlords may not inquire about or require disclosure of a prospective or current eviction history on the initial application or an application for renewal. However, a landlord may use other means to access information about an applicant’s housing/eviction or criminal history.
Compliance:
Under the Tenant’s Bill of Rights, landlords:
- must have tenants sign and return a copy of the Tenants’ Bill of Rights using the County’s form
- must give the tenant a copy of notice a notice from a government agency or condo association that a building might be unsafe if they themselves receive said notice within 14 days
- must provide the tenant with a 60-day notice of the change in ownership (prior to the change or with the change of ownership) if a change in ownership occurs and it might lead to the termination of a month-to-month tenancy
- cannot ask about or require disclosure of evictions until the prospective or current tenant has otherwise been determined qualified to rent the unit, but rental screening and searching public records on your own is still allowed
- cannot retaliate against a tenant for using the hotline, or any agency they were referred to and creates a rebuttable presumption that the landlord is retaliating if the landlord takes an adverse action, and the tenant used the hotline in the past 60 days
- cannot retaliate, coerce, intimidate, threaten, or harass a tenant, or anyone assisting a tenant in exercising these rights
- cannot terminate or interrupt utility services per Stat. § 83.67
- cannot collect rent from the tenant or take adverse action if the tenant lives in a condominium, the landlord is delinquent on condominium assessments, and the tenant pays rent to the condominium per Stat. § 718.116(11)
- cannot discriminate against tenants, including on the grounds in Chapter 11A of the Code
- must comply with the 60-day notice requirement for rent increases of more than 5%
- must comply with the 60-day notice requirement to terminate month-to-month tenancies
- must comply with Section 8-5(f)(2) of the Code, which requires owners to make necessary arrangements to relocate residents within 8 hours of when the building official orders units to be vacated for safety issues (that were intentional or due to neglect) and to continue those arrangements at owner’s expense until the building is safe for re-occupation
Tenants are allowed to make repairs and deduct them from the monthly rent amount after:
- the tenant has provided the landlord with 7 days’ written notice that repairs are needed
- landlord has failed to make repairs in accordance with Stat. § 83.51 and Chapter 17, Article II of the Code
- tenant has obtained a minimum of two estimates from licensed professionals
- tenant has evidence of the repairs (receipts, before and after photos, etc.)
- tenant withholds rent after sending a 7-day notice of the landlord’s failure to maintain the unit in accordance with Stat. § 83.56 or 83.60
Resources:
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