MIAMI, Fla. – The tenant bill of rights enacted by several Fla. counties and cities including Miami-Dade and Broward Counties to protect renters from soaring rent rates could be in peril after the state legislature approved a bill superseding local governments’ laws.

The proposed bill adds another blow to the tenant rights in Fla., as legislators passed Republican-led legislation in April that prevents local governments from enacting rent-control laws, called the Live Local Act.

In addition, the legislature passed HB 133 that allows renters to pay monthly fees in lieu of putting down large security deposits that could hinder potential leaseholders from getting into apartments.

Both bills are headed to Fla. Gov. Ron DeSantis’ desk for his signature to become law.

Lee County Republican House Rep, Tiffany Esposito, sponsor of the latest tenant bill of rights, bill (HB 1417) that could override local governments’ involvement, said it protects tenant and property owners, and also shuns legal action by both parties.

The tenant bill of rights for MiamiDade and Broward Counties require all landlords to give their tenants 60 days’ notice of any recent increases of more than five percent, and bans building owners from evicting tenants who are waiting on government rental assistance.

CONTINUED FROM 1A The new state bill is designed to preempt the laws by setting the notice period for terminating month-tomonth tenancy from 15 days’ notice to 30 days’ notice.

In addition, for tenants with a specific duration, the rental agreement can’t require less than 30 days’ notice nor more than 60 days’ notice of termination, instead of more than 60 days’ notice as required by existing law.

The bill will also preempt another part of Miami-Dade’s tenant bill of rights law which allows tenants to deduct costs of neglected repairs from their rent, prohibits landlords from asking about past evictions, and protects tenants from retaliation if they seek government help against their landlords.

“This bill protects tenants,” Esposito said. “This bill protects property owners. And this bill protects capitalism.”

The proposed bill was approved along party lines in both chambers, as Democrats challenged the bill suggesting it takes power away from local governments trying to tackle the affordable housing crisis.

In the House, Democrats proposed a series of amendments to the bill including keeping intact the 60-day notice for rent increases to shield tenants and allow local governments to amend their own tenant bill of rights to appease both sides.

Another amendment by Democrat Tampa Bay Rep. Michelle RaynerGoolsby would restore the power for local governments to impose shortterm rent-control stabilization measures during states of emergencies similar to the COVID-19 pandemic and if the affordable housing crisis gets worse.

The amendments failed.

Democrat State Rep. Ashley Gantt, whose district covers Brownsville and Liberty City, areas mostly feeling the affordable housing crunch, noted how Miami-Dade voters just passed their own tenant bill-of-rights ordinance last year.

During the debate, Gantt asked Esposito what “recourse those voters have to pass such laws in their community?”

Esposito said that they could contact their state representative to change Chapter 83 regarding tenants and landlords in the state statute.

Gantt responded that she hoped she would get bipartisan support if she proposed such a bill in the next session.

The measure is supported by groups such as the Florida Apartment Association and the Florida Realtors.

Miami-Dade and Broward Counties each passed an ordinance creating the tenant bill of rights legislation last year to address the affordable housing crunch, mostly stemming from

the pandemic when thousands of people lost their jobs or were forced to take pay cuts coupled with rent increases.

As part of their enactments, both counties created rental assistance programs for people struggling to pay their rent to help them stay in their homes during economic hardships.

In Broward, nearly 5,000 households have received about $53 million from the federal government’s COVID-19 emergency assistance programs and an additional $22 million just before the programs came to a close.

Miami-Dade, which was the epicenter for the nation’s affordable housing crisis, made over $13 million in rental assistance last year and an additional $25 million from the pandemic relief fund.

Last week, Miami-Dade launched the county’s Mortgage Relief Program in collaboration with the Community Development and Community Action and Human Services Department of Public Housing and Community Development.

Through the new Mortgage Relief Program, applicants can receive up to $1,500 per household towards late mortgage payments, late homeowner association (HOA) fees, homeowners’ insurance, and late utility assistance.

About $25 million in total was allocated to the Mortgage Relief Program, as part of the $85 million HOMES Plan and the program can serve up to 15,000 eligible families.

“Since we declared an affordability crisis a year ago, we have been working tirelessly to offer real solutions to our residents and ensure everyone can access safe, stable housing they can afford. From emergency rental assistance, to investing over $500 million in housing solutions and more than doubling our housing development goal, my administration has brought everything to the table to support our residents,” said Miami-Dade County Mayor Daniella Levine Cava. “This Mortgage Relief Program could be a lifeline for thousands of families struggling to pay higher expenses. I am very proud of the collaboration from our County Commission and the teamwork across our departments to make this a reality and help so many.”

The bill that allows renters to pay monthly fees will give them an option to rent apartments without having to come up with large security deposits.

Indian Rocks Beach Republican Sen. Nick DiCeglis said a tenant could be forced to pay double the monthly rent rate of $1,500 for a security deposit and may not be able to afford it.

“Some folks don’t have $3,000,” DiCeglie said. “So this is simply an option.”

But Democrats said potential fees would not be capped and that renters wouldn’t be able to eventually recoup the money, like they might with security deposits.

Also, after they move out, they could be forced to pay to repair damage to apartments.