Tenants could divert rent to pay for neglected repairs under Miami-Dade proposal

A proposed “Tenant’s Invoice of Rights” would convey new protections for renters throughout Miami-Dade County, together with stopping their eviction in the event that they pay for repairs uncared for by the owner out of the hire.

Florida regulation already permits tenants to cease paying hire if a landlord leaves their residence unlivable, however the proposed laws that unanimously handed a committee vote Thursday provides additional protections for renters. Beneath the proposal, tenants could be protected against eviction in the event that they deduct from their hire the price of repairs uncared for by the owner.

Shoddy upkeep was one criticism renters shared with commissioners throughout the listening to of the Public Housing and Group Providers Committee, whereas landlords warned that the brand new laws may trigger issues for tenants if not modified.

READ MORE: Does a landlord have to provide discover of a hire hike? In Miami-Dade, the reply is sure

Laura Miolán instructed commissioners she was left with a ruined kitchen for lack of upkeep in her residence, funded partially with a federal Part 8 rental voucher that pays a portion of hire for people with low incomes.

“I’ve skilled many points of landlord neglect,” she mentioned, “together with having all of the kitchen cupboards fall on me, and leaving them on the ground for nearly a yr. Solely to be repaired when the Part 8 inspection was developing.”

The Miami Affiliation of Realtors desires the restore provision dropped or revised, calling it an invite for abuse ought to tenants decide to pad their restore payments or the proprietor be compelled to simply accept substandard building work.

“It is a severe legal responsibility,” Enrique Teran, a consultant of the Miami Affiliation of Realtors, wrote commissioners in an April 13 letter forward of the listening to. The group proposed revisions that will require an inspection earlier than repairs and the tenant to acquire three estimates for the work.

The Tenant’s Invoice of Rights laws is the most recent proposal from Miami-Dade elected leaders who’re dealing with strain to deal with each rising residence costs and spikes in hire. A nationwide eviction moratorium ended final summer season and in March, commissioners handed a regulation requiring 60-days discover for hire hikes exceeding 5%.

The laws sponsored by commissioners Jean Monestime and Raquel Regalado requires landlords to offer tenants with a duplicate of the brand new invoice of rights, which largely recites current renter protections in Florida regulation. These embody shields in opposition to landlords shutting off utilities, and protections for tenants in condominium complexes the place the owner isn’t paying the required affiliation charges.

Together with the restore provision, Miami-Dade would require landlords to inform tenants about possession modifications of their residence, in addition to present any official notices about potential security or structural points with the property.

The laws additionally prohibits landlords from inquiring about previous evictions earlier than deciding whether or not a potential tenant would in any other case qualify for the rental unit. The rule is just like “ban the field” laws that Miami-Dade adopted in 2015 that prohibits the county’s employment screeners from asking about previous convictions early within the utility course of. Conviction data is obtained on the finish of the appliance course of, earlier than a call is made on hiring.

“What’s taking place is you get a stack of 10 functions, and considered one of them has an eviction on it, and that utility will get tossed to the aspect,” mentioned Commissioner Eileen Higgins. “In the meantime, you don’t know something about that eviction.”

The South East Florida Condo Affiliation objected to the supply, saying it could trigger a security concern for current tenants if landlords couldn’t display for previous evictions tied to property injury and prison exercise. A lobbyist for the group, Kelly Mallette, mentioned the restriction in opposition to “inquiring” about evictions might be learn as barring landlords from looking for public information in researching an applicant.

“I believe it’s vital for a property proprietor to know who they’re renting to,” Mallette mentioned. She mentioned the affiliation isn’t objecting to a rule barring a field about evictions on a rental utility, however is just not in favor of restrictions that will preserve landlords from researching tenants. “With some tweaks of that provision, I believe we may be snug,” she mentioned.

This story was initially printed April 14, 2022 6:54 PM.