Is Rent Stabilization Possible in Florida? Yes it is.

By Alana Greer

Municipalities across Florida are grappling with how to address skyrocketing rents. This affordable housing crisis has increased calls for rent control in Florida.

There are many conversations happening right now about if this is even possible. Well, according to state law, it is. Local governments in Florida can enact rent stabilization also called rent control, but the process is cumbersome.

Below is quick run down of how the law that controls rent stabilization in Florida works.

Do local governments have the power to do something about rising rents in Florida through rent stabilization?

Yes. Under Florida law, local governments, with the support of voters, have the power to put rent stabilization (sometimes called “rent control”) policies into place for one year at a time. The Florida Legislature has made the process complicated, but local governments do have tools they can act on today.

The law that governs this process for cities is FL Statutes 166.043 and the law that governs counties is FL Statutes 125.0103.

How can local governments and voters stabilize rents?

First, local governments must pass an ordinance that identifies and backs up with evidence that they are experiencing “an existing housing emergency which is so grave as to constitute a serious menace to the general public.” Local governments do NOT need to declare an official “state of emergency,” like they might during a hurricane.

In that same ordinance, they should propose the policy intervention that they think will address the crisis, such as limiting rent hikes. The law requires them to find “that such controls are necessary and proper to eliminate” the housing emergency.

If the ordinance passes, the question must then go to voters.

If the voters approve it, the policy can be in place for one year. Under Florida law, the local government and voters must repeat these steps each following year to keep the policy in force.

What kind of rent stabilization policies are possible in Florida?

Locals can be creative about how to stabilize rents, so long as they meet the above process laid out in the law. Year long rent freezes, caps on the percentage of rental increases, and rent increases in exchange for improvements in a building have been considered in other places.

Are there renters who could be excluded from rent stabilization if a policy was implemented?

There are a few types of rentals that can’t be regulated through this method. They are:

• seasonal or tourist units
• second homes
• units in buildings that were operating on January 1, 1977 and the average rent at that time was $250 (these are referred to as “luxury apartments,” but does not automatically exclude newer buildings)

Why would these policies only last for a year at a time?

Florida state law puts this limitation in place to dissuade local governments from creating long-term rent stabilization policies. Florida state legislators can remove this requirement, but have not acted to do so.

Alana Greer is the director and co-founder of Community Justice Project. As a movement lawyer, she supports community led campaigns for racial justice and human rights. Alana is passionate about lifting up the voices of the community members she works with and using her legal and analytic skills to support grassroots movements seeking to dismantle structural racism and inequality

Community Justice Project supports grassroots organizing for power, racial justice and human rights with innovative lawyering, research, creative strategy tools and the arts. Based in Miami, FL, Community Justice Project is deeply and unapologetically committed to Black and brown communities throughout Florida.