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On November 8th, the Miami-Dade County Commission passed an ordinance sponsored by Commissioner Raquel Regalado that rezoned single family home neighborhoods in Unicorporated Miami-Dade County into multi-family neighborhoods. The new law will allow homeowners to legally convert attached or detached structures, including garages, into fully functional rental efficiencies or apartments with full kitchens and bathrooms.
The vote took place after an earlier 5-4 vote defeated the ordinance and a motion to reconsider was agreed upon. In passing the ordinance in the second vote, after most of the public and several commissioners had left the chambers, the County Commission voted in violation of Board of County Commission procedures for reconsideration of defeated ordinances in public hearings. The ordinance narrowly passed in a 4-3 vote.
Joining Regalado in voting in favor of the ordinance were Keon Hardemon, Sally Heyman and Eileen Higgins. Mayor Daniella Levine Cava also supports the ordinance.
Commissioners who voted against the ordinance included Commission Chairman Jose “Pepe” Diaz, Javier Souto and Rene Garcia.
According to residents who spoke out against the ordinance, there are numerous issues with this new law. They noted that owners of single family residential homes in Unincorporated Miami-Dade County received no advance notice of vote, which meant most opponents of the ordinance were caught off-guard and unable to address the commission meeting. Providing the public with a chance to weigh in before a vote is required by state and local laws.
According to our sources, the Regalado ordinance bypassed the normal procedure for county-sponsored zoning changes that requires Miami-Dade County to notify all owners of single family residences by United States Mail. It must also notify the presidents of all homeowner associations 30 days in advance of any proposed zoning change that will impact their neighborhoods.
These zoning actions are also required to be discussed in public hearings after 5 p.m. to afford working residents an opportunity to attend and be heard. The rezoning also bypassed the Community Council process, which affords the democratically elected representative of the unincorporated regions to opine on zoning issues that impact their constituencies. These elected officials represent 100 percent of Unincorporated Miami-Dade County communities, while only two county commissioners represent 100 percent Unincorporated Miami-Dade County (Commissioners for District 10 and 11)
In addition, a bare quorum was met (seven out of 13 commissioners were present). For a vote of such consequence, the vote should have been tabled until more commissioners, including those who represent unincorporated Miami-Dade County, were present.
Opponents claim that opening up additional living quarters on properties meant for one family will create increased parking and traffic issues, crime, longer response times by police and fire rescue and, ultimately, higher property taxes to address the issues created by the new law.
Residents are also concerned that the ordinance does not require that the homeowner live on the property, opening the door for out-of-state real estate investment companies to purchase thousands of single family homes, convert them to duplexes, and manage these properties with limited oversight. This is why the only testimony in support of the Regalado ordinance was offered by the real estate industry that stands to profit from her law.
“This is going to ruin neighborhoods,” explained Commissioner Javier Souto.
The county’s elected property tax appraiser, Pedro Garcia, who also opposes the ordinance, mused how homeowners might not understand that by accepting rental income, they would see an increase in their property tax bill.
Proponents argue that the ordinance will create more affordable housing and that the measure would provide an opportunity for illegal rentals to become legal.
Polling of Democrat, Republican and Independent voters in Unicorporated Miami-Dade County by Emiliano Antunez, president of Dark Horse Strategies, a political campaign and business consulting firm, showed that 67 percent of voters oppose the Regalado law. The poll also found that 60 percent feel the law will increase crime in the neighborhoods and 63 percent are less likely to vote for Mayor Levine Cava in 2024 because of her support of the law.
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