SEFAA Efforts Result In Positive Outcome

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By Jeff Rogo, FAA Government Affairs Director

In late April, the apartment industry learned that the Miami-Dade County Board of County Commissioners was considering an ordinance providing protections from discrimination based on source of income. The apartment industry understands and accepts protections for people whose source of income is Social Security, Supplemental Security Income, pensions, alimony, child support and/or disability payments.  However, the proposed ordinance included Section 8 Housing Choice Vouchers in the definition of tenant income.

As written, the ordinance would require apartment communities to accept the vouchers as payment for rent.  The unintended consequence is that the apartment communities would then be required to participate in a voluntary federal program. The program imposes significant regulatory burdens and costs, not the least of which is mandatory use of the HUD lease.  

SEFAA represents the owners and managers of apartment communities with 70,000 apartment homes and 300 apartment communities in South East Florida. The association encouraged its members to communicate their concerns with the ordinance to the members of the commission. SEFAA leaders met with commissioners and county staff in advance of the commission meeting on June 3 when the ordinance was considered. Sheila Rivera, Greystar, and Ken Lowenhaupt, Law Offices of Lowenhaupt & Sawyers, crafted a five-page memorandum listing the "strings attached" to the Section 8 lease.

The Florida Apartment Association and National Apartment Association weighed in and supported the SEFAA efforts. Kelly Mallette and Rana Brown explained some unique procedures followed by the Miami-Dade Commission and advised SEFAA on how best to approach the commissioners with the industry's concerns. Kelly and Rana are affiliated with Ronald L. Book, P.A. in Aventura, the firm that represents FAA in Tallahassee.

The team effort paid off. During the June 3 Commission meeting, the sponsor of the Source of Income Protection ordinance, Commissioner Barbara Jordan, withdrew the ordinance before a vote was taken. She explained that she and the county attorney were concerned about conflicts between the ordinance and federal law and the impact on the apartment industry. SEFAA now has an opportunity to have a "seat at the table" as Commissioner Jordan revises the ordinance.