Dozens of hard-won tenant protections across the state have effectively disappeared into thin air. That’s because Gov. Ron DeSantis recently signed HB 1417 aka the Florida Landlord Tenant Act into law, which went into effect on July 1. Last week, St. Petersburg City Council voted 6-0 to repeal its own Tenants Bill of Rights as a result of the new law.
Council member Richie Floyd says landlord and realtor lobbying groups like the Bay Area Apartment Association, the Florida Apartment Association, and the Florida Realtors Association are largely to blame for the loss of renter protections across the state.
“This is thanks to lobbyists and our friends at the apartment association spending the last legislative session trying to claw back on the little bit of things that we were able to give people here,” Floyd said at the meeting. “I'm disturbed by the situation that we're in right now.”
Last year, St. Pete voted to opt out of Pinellas County’s Tenant Bill of Rights, with expanded tenant protections, in favor of its own. Pinellas County has since removed its Tenant Bill of Rights page, referring to HB 1417 as the cause. St. Pete’s Tenant Bill of Rights is no longer offered on the city’s website.
Since taking office last year, Floyd has tried to combat the housing crisis by trying to pass rent control via ordinance, strengthening tenant protections in the city’s bill of rights, and continuing the long fight for tenants right to counsel.
“We have a prime example right here of something small that can help tenants,” Floyd said. “And people that we interact with regularly are constantly trying to claw back and it's very, very frustrating to me, and quite frankly, embarrassing that people would be so brazen.”
St. Pete is not alone in the fight for tenant rights.
Last year, over 60% of Orange County residents voted to approve a rent stabilization ordinance. The will of Orange County’s people was immediately challenged in court by the Florida Realtors Association (FRA) and the Florida Apartment Association (FAA). In April, the Florida Supreme Court refused to take the legal dispute between Orange County and the FRA and FAA.
But, Orange County did hang on to some victories, albeit without the rent stabilization voters asked for. Orange County will maintain its source of income discrimination ordinance, as it is stipulated outside the state preemption on tenant-landlord relations. Citing Orange County, William Kilgore with the St. Pete Tenants Union asked the Council to refer the issue to the Housing, Land Use, and Transportation committee for further discussion.
“You’re not looking at the specific parts and what may or may not be prevented,” Kilgore said at the meeting. “In terms of source of income protection, they’re [Orange County] saying that it’s a Fair Housing issue, which is separate.”
St. Pete Assistant City Attorney Bradley Tennant said that discrimination is unlawful in the state of Florida, under the Florida Fair Housing Act in Chapter 760.
“There is potentially an opportunity to look at what can be done there,” Tennant said at the meeting. “As I stated, discrimination remains unlawful and that is covered through a different section.”
Tennant said an ordinance specifically addressing discrimination could be researched and considered. What HB 1417 prevents is any ordinance specific to Chapter 83 or anything interfering with the tenant-landlord relationship.
Earlier in the meeting, Council was approving a statue to honor St. Pete civil rights organizer Joe Savage, who organized the workers in the 1968 St. Pete Sanitation Workers Strike. When Dr. Martin Luther King Jr., was assassinated on April 4, 1968, Savage was supporting workers in the Memphis Sanitation strike. St. Pete’s strike began one month after his murder. Muhammad noted that 1968 was also the year Florida instituted “Home Rule,” a law that argued that the government closest to the people governs best.
“When we talk about what was happening in 1968, local municipalities were trying to address and combat racism and discrimination and the state said ‘localities, you all know what's best for your area,’” Muhammad said at the meeting. “So fast forward, we’re having a conversation about discrimination as it relates to removing Home Rule and preempting local governments.”
Florida’s 1968 passage of Home Rule came with legal challenges, including the first Florida Supreme Court case that discussed the 1968 amendment. That decision narrowly defined the amendment’s application, which created the basis for the 1973 Florida legislature Municipal Home Rules Power Act (MHRPA) codifying the amendment under Chapter 166. Under MHRPA, “Courts have interpreted this provision to mean that local government action should only be prohibited if the action is either 1) preempted by state law or 2) in conflict with state law.”
“With source of income, I saw with my own eyes how much it helped people in my life,” Floyd said.
Floyd was absent at the time of the vote. Council member Lisette Hanewicz was absent from the meeting.
The second public hearing and final vote on the repeal of St. Pete’s Tenant Bill of Rights is scheduled for Aug. 3.
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Council member Richie Floyd says landlord and realtor lobbying groups like the Bay Area Apartment Association, the Florida Apartment Association, and the Florida Realtors Association are largely to blame for the loss of renter protections across the state.
“This is thanks to lobbyists and our friends at the apartment association spending the last legislative session trying to claw back on the little bit of things that we were able to give people here,” Floyd said at the meeting. “I'm disturbed by the situation that we're in right now.”
Last year, St. Pete voted to opt out of Pinellas County’s Tenant Bill of Rights, with expanded tenant protections, in favor of its own. Pinellas County has since removed its Tenant Bill of Rights page, referring to HB 1417 as the cause. St. Pete’s Tenant Bill of Rights is no longer offered on the city’s website.
Since taking office last year, Floyd has tried to combat the housing crisis by trying to pass rent control via ordinance, strengthening tenant protections in the city’s bill of rights, and continuing the long fight for tenants right to counsel.
Slideshow
Photos: Despite pleas from constituents, St. Pete City Council kills rent control ballot initiatives
St. Pete is not alone in the fight for tenant rights.
Last year, over 60% of Orange County residents voted to approve a rent stabilization ordinance. The will of Orange County’s people was immediately challenged in court by the Florida Realtors Association (FRA) and the Florida Apartment Association (FAA). In April, the Florida Supreme Court refused to take the legal dispute between Orange County and the FRA and FAA.
But, Orange County did hang on to some victories, albeit without the rent stabilization voters asked for. Orange County will maintain its source of income discrimination ordinance, as it is stipulated outside the state preemption on tenant-landlord relations. Citing Orange County, William Kilgore with the St. Pete Tenants Union asked the Council to refer the issue to the Housing, Land Use, and Transportation committee for further discussion.
“You’re not looking at the specific parts and what may or may not be prevented,” Kilgore said at the meeting. “In terms of source of income protection, they’re [Orange County] saying that it’s a Fair Housing issue, which is separate.”
St. Pete Assistant City Attorney Bradley Tennant said that discrimination is unlawful in the state of Florida, under the Florida Fair Housing Act in Chapter 760.
“There is potentially an opportunity to look at what can be done there,” Tennant said at the meeting. “As I stated, discrimination remains unlawful and that is covered through a different section.”
Tennant said an ordinance specifically addressing discrimination could be researched and considered. What HB 1417 prevents is any ordinance specific to Chapter 83 or anything interfering with the tenant-landlord relationship.
Photo by Dave Decker
Since taking office last year, Councilman Richie Floyd— pictured outside St. Petersburg City Hall on Feb. 17, 2022—has tried to combat the housing crisis.
“When we talk about what was happening in 1968, local municipalities were trying to address and combat racism and discrimination and the state said ‘localities, you all know what's best for your area,’” Muhammad said at the meeting. “So fast forward, we’re having a conversation about discrimination as it relates to removing Home Rule and preempting local governments.”
Florida’s 1968 passage of Home Rule came with legal challenges, including the first Florida Supreme Court case that discussed the 1968 amendment. That decision narrowly defined the amendment’s application, which created the basis for the 1973 Florida legislature Municipal Home Rules Power Act (MHRPA) codifying the amendment under Chapter 166. Under MHRPA, “Courts have interpreted this provision to mean that local government action should only be prohibited if the action is either 1) preempted by state law or 2) in conflict with state law.”
That’s why so much recent legislation has been specific to state preemption. St. Pete City Attorney Jackie Kovilaritch told the Council that the Tenants Bill of Rights needs to be repealed, “legally, as soon as possible,” in order to comply with HB 1417. Kovilaritch recommended Floyd create a new business item specific to source of income discrimination. Floyd promised he would.“With source of income, I saw with my own eyes how much it helped people in my life."
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“With source of income, I saw with my own eyes how much it helped people in my life,” Floyd said.
Floyd was absent at the time of the vote. Council member Lisette Hanewicz was absent from the meeting.
The second public hearing and final vote on the repeal of St. Pete’s Tenant Bill of Rights is scheduled for Aug. 3.
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