The sweeping “Keep Floridians Housed Act” is one the most comprehensive housing reform packages ever proposed in Florida – a package focused squarely on the needs of renters and tenants rather than landlords and developers.
Orlando, FL – Representative Anna V. Eskamani (D-Orlando) filed landmark legislation to help Florida families find and stay in their homes amid an unrelenting affordable-housing crisis that Gov. Ron DeSantis refuses to address. Senator Victor Torres (D-Kissimmee) will file the Senate companion.
The sweeping “Keep Floridians Housed Act” would provide comprehensive support for everyday Florida families who are searching desperately for an affordable place to live or who are struggling to stay in the homes they already have as the cost of rent soars across the state.
The multi-pronged package would strengthen consumer protections for renters; outlaw predatory landlord practices; reduce barriers posed by excessive security deposits and move-in fees; reform Florida’s one-sided eviction laws to level the playing field between landlords and tenants; provide a pathway to seal certain evictions; promote housing availability, affordability and stability; and provide extra housing safeguards for victims of domestic and sexual violence.
“While Gov. Ron DeSantis and Tallahassee Republican leaders push lobbyist-driven housing legislation focused exclusively on protecting the profits of landlords and developers, the “Keep Floridians Housed Act” focuses on protecting the health, safety and pocketbooks of renters and tenants,” Eskamani said. “Just last year we saw a major preemption of renters rights in the Sunshine State, we desperately need legislation like this to even the playing field for tenants and provide security for Floridians navigating housing insecurity.”
Senator Torres added, “It’s incredibly important that we focus policy on the needs of everyday Floridians. As a champion of working class people, it’s an honor to file this bill and push for real solutions that will even the playing field for tenants and help address housing insecurities for generations to come.”
The major elements of the Keep Floridians Housed include:
Strengthening consumer protections: Under the Keep Floridians Housed Act, landlords would have to give tenants more advance notice before raising the rent or non-renewing a rental agreement. Landlords who terminate rental agreements early without good cause would have to provide tenants with compensation and relocation assistance. Tenants would also have the right to request written copies of their rental agreements translated into the language of their choice, and to install wind-resistance improvements such as storm shutters before a hurricane.
Outlawing predatory practices: The Keep Floridians Housed Act would prohibit landlords from charging excessive application fees and require them to refund those fees if the unit is ultimately unavailable. Landlords would have to ensure that a dwelling unit meets all building, housing and health codes before renting it, and they could no longer force a prospective tenant to sign a lease before showing them the unit. Landlords would be prohibited from discriminating against prospective tenants on the basis of various factors, including source of income, family status, race, religion, sexual orientation, gender identity or other factors. Landlords would also be prohibited from considering a prospective tenant’s criminal history until determining whether the tenant is otherwise eligible to rent. Landlords would no longer be able to evict tenants during a declared state of emergency.
Reducing upfront barriers: Under the Keep Floridians Housed Act, security deposits would be capped at no more than the equivalent of one month of rent. Every tenant would have the option to pay their security deposit in equal monthly installments spread out over up to one year. And landlords would have to share the interest earned while holding a security deposit with the tenant.
Leveling the playing field: Housing experts say Florida ranks “dead last in tenant rights” in the country in large part because of a landlord-backed law that forces tenants facing an eviction suit to come up with the disputed amount of money in five days or have the court enter an automatic judgment against them. The Keep Floridians Housed Act repeals this draconian default-judgment law to ensure every tenant can have their day in court. The legislation would also specify in detail when a landlord can evict a tenant for good cause, so there is no confusion on either side. And it would protect tenants who have been forced into an eviction proceeding from future discrimination, by allowing them to have their case sealed or their name expunged from the court records if they win the suit, reach a settlement with their landlord and satisfy their obligations, or after five years have passed and they have complied with all terms.
Promoting stability and affordability: The Keep Floridians Housed Act would establish a new, executive-level agency to administer all housing and tenant laws, develop and implement policies to expand housing opportunities and reduce homelessness, and study a potential tax on empty homes. It would restore home rule and combat gentrification by allowing cities and counties to enact local rent control and levy impact fees on developers who displace existing residents. It would require all doc stamp tax proceeds to be deposited into Florida’s affordable housing trust fund in transactions where a large private-equity firm or a corporation buys a single-family home, mobile home or apartment complex. And it would require landlords to give their tenants the right of first refusal to buy a unit before the landlord sells it for demolition or conversion into a non-housing use. The bill also allows a property previously claimed to be a homestead for tax purposes to maintain that status even if parts are rented out, as long as the owner resides on the property. This is to encourage more homeowners to provide rental options on their property; this language was provided by Representative Dotie Joseph.
Provide a pathway for eviction sealing: The Keep Floridians Housed Act would authorize a tenant or mobile home owner who is a defendant in an eviction proceeding to file a motion with the court to have the records of such proceedings sealed and to have his or her name substituted with the word “tenant” on the progress docket if certain criteria are met. This includes if the parties file a joint stipulation; the case was dismissed; the case was resolved by settlement or stipulation of the parties and the defendant has complied with the terms of the agreement; a default judgment was entered against the defendant, and the defendant has satisfied any monetary award included in the judgment; a judgment was entered against the defendant on the merits at least 5 years before the motion was filed under this subsection, and the tenant has satisfied any monetary award included in the judgment.
Protecting victims of domestic and sexual violence: The Keep Floridians Housed Act would prohibit landlords from canceling rental agreements or evicting tenants because the tenant, or the tenant’s minor child, has been the victim of domestic violence, sexual violence, dating violence, or actual or threatened stalking. At the same time, it would allow tenants who are the victims of these crimes, or whose children are, to cancel their rental agreements early without penalties. Landlords would also be required to change the locks within 24 hours upon request of a tenant who is the victim of these crimes or whose children are the victims of these crimes. A landlord who violates any of these provisions could be sued for punitive damages, attorney fees and other costs.
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