Miami Herald (Sunday)

Plan would allow tenants to divert rent to pay for neglected repairs

- BY DOUGLAS HANKS dhanks@miamiheral­d.com

Miami-Dade County’s ‘Tenant’s Bill of Rights’ includes new protection­s for renters. It passed a committee vote Thursday, but landlord groups want changes.

A proposed “Tenant’s Bill of Rights” would bring new protection­s for renters across MiamiDade County, including preventing their eviction if they pay for repairs neglected by the landlord out of the rent.

Florida law already allows tenants to stop paying rent if a landlord leaves their home unlivable, but the proposed legislatio­n that unanimousl­y passed a committee vote Thursday adds extra protection­s for renters. Under the proposal, tenants would be

protected from eviction if they deduct from their rent the cost of repairs neglected by the landlord.

Shoddy maintenanc­e was one complaint renters shared with commission­ers during the hearing of the Public Housing and Community Services Committee, while landlords warned that the new legislatio­n could cause problems for tenants if not modified.

Laura Miolán told commission­ers she was left with a ruined kitchen for lack of maintenanc­e in her apartment, funded in part with a federal Section 8 rental voucher that pays a portion of rent for individual­s with low incomes.

“I have experience­d many aspects of landlord neglect,” she said, “including having all the kitchen cabinets fall on me, and leaving them on the floor for almost a year. Only to be repaired when the Section 8 inspection was coming up.”

The Miami Associatio­n of Realtors wants the repair provision dropped or revised, calling it an invitation for abuse should tenants opt to pad their repair bills or the owner be forced to accept substandar­d constructi­on work.

“This is a serious liability,” Enrique Teran, a representa­tive of the Miami Associatio­n of Realtors, wrote commission­ers in an April 13 letter ahead of the hearing. The group proposed revisions that would require an inspection before repairs and the tenant to obtain three estimates for the work.

The Tenant’s Bill of Rights legislatio­n is the latest proposal from Miami-Dade elected leaders who are facing pressure to address both rising home prices and spikes in rent. A national eviction moratorium ended last summer and in March, commission­ers passed a law requiring 60-days notice for rent hikes exceeding 5%.

The legislatio­n sponsored by commission­ers Jean Monestime and Raquel Regalado requires landlords to provide tenants with a copy of the new bill of rights, which mostly recites existing renter protection­s in Florida law. Those include shields against landlords shutting off utilities, and protection­s for tenants in condo complexes where the landlord isn’t paying the required associatio­n fees.

Along with the repair provision, Miami-Dade would require landlords to notify tenants about ownership changes of their home, as well as provide any official notices about potential safety or structural issues with the property.

The legislatio­n also prohibits landlords from inquiring about past evictions before deciding whether a prospectiv­e tenant would otherwise qualify for the rental unit. The rule is similar to “ban the box” legislatio­n that Miami-Dade adopted in 2015 that prohibits the county’s employment screeners from asking about past conviction­s early in the applicatio­n process. Conviction informatio­n is obtained at the end of the applicatio­n process, before a decision is made on hiring.

“What’s happening is you get a stack of 10 applicatio­ns, and one of them has an eviction on it, and that applicatio­n gets tossed to the side,” said

Commission­er Eileen Higgins. “Meanwhile, you don’t know anything about that eviction.”

The South East Florida Apartment Associatio­n objected to the provision, saying it would cause a safety concern for existing tenants if landlords couldn’t screen for past evictions tied to property damage and criminal activity. A lobbyist for the group, Kelly Mallette, said the restrictio­n against “inquiring” about evictions could be read as barring landlords from seeking public records in researchin­g an applicant.

“I think it’s important for a property owner to know who they’re renting to,” Mallette said. She said the associatio­n isn’t objecting to a rule barring a box about evictions on a rental applicatio­n, but is not in favor of restrictio­ns that would keep landlords from researchin­g tenants. “With some tweaks of that provision, I think we can be comfortabl­e,” she said.

Douglas Hanks: 305-376-3605, @doug_hanks

 ?? PEDRO PORTAL pportal@miamiheral­d.com ?? Tenants from Hialeah protest rent hikes in front of the office of the Eco Stone Group, their landlord.
PEDRO PORTAL pportal@miamiheral­d.com Tenants from Hialeah protest rent hikes in front of the office of the Eco Stone Group, their landlord.
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