The state of Florida preempts local municipalities from implementing rent control. According to Florida statute, “No municipality, county, or other entity of local government shall adopt or maintain in effect any law, ordinance, rule, or other measure which would have the effect of imposing controls on rents.”
Florida
Overview
Like many other parts of the country, Florida’s growth has resulted in significant housing affordability challenges. Combatting housing affordability issues in the state will require effective solutions that address the needs of all Florida residents.
Florida has seen a sharp population increase, with 14.6% growth since 2010.
More than 3 million Floridians call an apartment home, with demand on the rise.
80% of extremely low-income renters spend more than half of their income on housing.
Between now and 2030, Florida will need to build 34,000 new apartment homes each year to keep up with demand.
Legal Landscape
CONTINUE PREEMPTION
REJECT PRICE CONTROLS
Alternative Approaches
Many states have adopted programs and initiatives to tackle the affordability crisis. In Florida, policymakers and the housing industry have made concerted efforts to address the problem. Examples include:
The State Apartment Incentive Loan program (SAIL) provides low-interest loans on a competitive basis to affordable housing developers each year. The loan often bridges the gap between a developer’s primary financing and the total cost of development. SAIL is available to individuals, public entities, not-for-profit or for-profit organizations that propose the construction or substantial rehabilitation of multifamily units affordable to very low-income individuals and families.
The Housing Credit (HC) program provides for-profit and nonprofit organizations with a dollar-for-dollar reduction in federal tax liability in exchange for the substantial rehabilitation or new construction of low and very low income rental housing units. This program can be used in conjunction with the HOME Investment Partnerships program, the State Apartment Incentive Loan program, the Predevelopment Loan program, or the Multifamily Mortgage Revenue Bonds program.
The HOME Investment Partnerships Program provides non-amortized, low-interest loans to developers for acquisition and/or new construction or rehabilitation of affordable rental housing to low income families. Loans are offered for the financing of first or subordinate mortgages with a simple interest rate of zero percent to nonprofit applicants and 1.5% per annum interest rate to for-profit applicants. Loan terms are generally for 15 years for rehabilitation and 20 years for new construction.
Through individualized technical assistance and flexible below market interest financing for predevelopment activities, the Predevelopment Loan Program (PLP) helps nonprofit and community based organizations, local governments, and public housing authorities plan, finance, and develop affordable housing. Eligible organizations may apply for a loan of up to $750,000. The loan carries a non-amortizing one percent interest rate, with principal and interest deferred until maturity. The loan generally matures either upon the closing of construction/permanent financing or three years after the original PLP loan closed, whichever occurs first.
The Multifamily Mortgage Revenue Bond program (MMRB) uses both taxable and tax-exempt bonds to provide below market-rate loans to non-profit and for-profit developers who set aside a certain percentage of their apartment units for low income families. These bonds are sold through either a competitive or negotiated method of sale or private placement. The program requires that at least 20 percent of the units be set aside for households earning at or below 50 percent of the area median income (AMI). The developer may also opt to set aside 40 percent of the units for households earning at or below 60 percent of the AMI.
In 2019, Florida lawmakers passed a new law allowing local governments to waive or reduce impact costs developers incur to meet affordable housing requirements. The law also sets a firm deadline for local officials to review development permit applications among other administrative changes designed to expedite development.
Latest News
Tampa Bay Business Journal: “Live Local Act changes could affect affordable housing projects in Tampa Bay”
Last year, Florida lawmakers passed the Live Local Act, a law that banned rent-control measures, eliminated local barriers to new construction, and provided incentives for builders to include workforce housing in otherwise market-rate projects.
Gainesville Embraces Supply-side Reforms
Many parts of Florida are facing housing affordability challenges and policymakers in cities across the state are looking for solutions to tackle the rising cost of housing. Under pressure from tenant activists, some local leaders considered policies that, although well-meaning, would have done more harm than good.