‘Tenant’s Bill of Rights’ — how newly passed law by Miami-Dade commission aims to protect renters
Mercedes Cabrera came to Miami-Dade County Hall on Tuesday with photos of cracked walls, flooded floors and a plea for protection from a landlord she claims is trying to evict her as retaliation for reporting her townhome’s disrepair to authorities.
“We have no rights at all,“said Cabrera, 38, who lives in Hialeah with her family in a private home subsidized by a federal Section 8 housing voucher. “It’s all biased in favor of landlords.”
Hours later, MiamiDade commissioners passed the county’s first “Tenant’s Bill of Rights,” legislation that makes it harder to screen rental applications based on past evictions, makes it easier for tenants to bill landlords for repairs, and protects against retaliation for reporting a rental’s disrepair to the government.
“We are not looking to hurt landlords,” said Jean Monestime, who sponsored the legislation along with fellow commissioner Raquel Regalado. “We are just trying to provide equity to those who need it most.”
The legislation passed on a unanimous vote, despite some critical comments of the proposal by commissioners. Commissioner Danielle Cohen Higgins said the county needs a tenants’ bill of rights but questioned why Miami-Dade should change the law to protect renters without considering protections for landlords, too.
“We cannot pass policy that says we are prioritizing tenants,” Cohen Higgins said before ultimately voting for the ordinance. “We are trying to pass legislation that is going to withstand the test of time, and is going to protect both tenants and landlords, and not favor one group over another. That is incredibly important.”
The new legislation is the latest housing bill to pass the commission during a surge in reports of soaring rents and rising real estate prices exacerbating one of the country’s widest affordability gaps in housing.
Miami-Dade commissioners have already required 60 days notice ahead of rent increases above 5%, and made it easier for Miami-Dade to force building owners to pay for temporary housing if residences are evacuated over maintenance neglect.
Passage of the legislation followed campaigns by advocacy groups pushing for more action by MiamiDade on rising rents.
“We would not be here today without tenants who have stood up for themselves, and who have organized,” said Santra Denis, executive director of the Miami Workers Center.
Labeled as a “bill of rights,” the legislation passed Tuesday establishes several new parts of Miami-Dade code aimed at protecting renters:
Protections for withholding rent to pay for neglected repairs:
Florida law already allows renters to withhold rent if a landlord fails to make a unit livable, but the county legislation allows a tenant to deduct the costs of neglected repairs from a monthly rent bill. The county law requires a tenant to give the landlord seven days to fix the alleged defect of the unit, and obtain two estimates before paying for the repairs.
Bans landlords from asking about past evictions on rental applications: Landlords can still research any rental applicant for past evictions, but the new Miami-Dade law prohibits blanket questions about evictions during the application process.
Establishes a county office on Housing Advocacy: The 2022 county budget already has $835,000 to fund the new office, which is charged with overseeing compliance with the new tenant rules and answering questions from tenants and landlords about the rules. The legislation requires Miami-Dade to create a telephone helpline for tenants seeking assistance.
Requires landlords to notify tenants of a new owner:
The legislation mandates that rental owners notify tenants at closing that a sale of their home has occurred and identify the new landlord.
Protects tenants from retaliation if they seek government help with a landlord:
The ordinance changes Miami-Dade law to give tenants legal grounds to claim retaliation if a landlord pursues an eviction for no apparent reason other than the tenant calling the helpline within the last 60 days.
Cabrera said she faced eviction proceedings shortly after her family asked for assistance from Section 8 to get help with chronic leaks into the home. “We know we have our rights,” she said after the vote, as she and her sister, Milagros, prepared to take Metrorail and a bus back home to Hialeah. “My family is close to being homeless. We are going to fight this.”