Agenda 09/27/2022 Item # 9B (Ordinance - Notice to Tenant)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
September 27, 2022
Add on Item 5A: Update on the Status of Hurricane Ian and its potential impact on Collier County. (Staff’s
Request)
Add on Item 10C: Recommendation to appoint Randy Sparrazza as a member to the Collier County
Planning Commission, representing Commission District 1. (Commissioner Locastro’s Request)
Continue Item 9B to the October 11, 2022, BCC Meeting: Recommendation to
consider an Ordinance to establish a Notice to Tenant Ordinance relating to
landlords providing written notice of rent increases over 5% to tenants with leases of
one year or longer. (All Districts) (Commissioner LoCastro’s Request)
Continue Item 10A to the October 11, 2022, BCC Meeting: *** This Item continued from the September 13,
2022, BCC Meeting. *** Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner
Decision No. 2022-38 which finds that the proposed use of self-storage/mini warehousing, indoor (SIC Code
4225) is comparable in nature to other permitted uses in Section 4.3.A of the Wentworth Estates Mixed Use
Planned Unit Development created by Ordinance No. 03-51, as amended. (Petition No. PL20220001501)
(Sponsored by Commissioner LoCastro) (District 1) (Commissioner LoCastro’s Request)
Continue Item 10B to the October 11, 2022, BCC Meeting: Recommendation to have the Board discuss the
proposed US41 East Zoning Overlay impacts upon self-storage facilities along US 41 between the Palm
Street/Commercial Drive/US 41 intersection and the Price Street/US 41 intersection, designed to implement
the East Naples Community Development Plan, as accepted by the Board in October 2020. (Sponsored by
Commissioner LoCastro) (District 1, District 4) (Commissioner LoCastro’s Request)
Continue Item 16A15 to the October 11, 2022, BCC Meeting: *** This Item continued from the September
13, 2022, BCC Meeting. *** Recommendation to review options to increase public awareness for new Site
Development Plan and Site Development Plan Amendment applications. (All Districts) (Commissioner
McDaniel’s Request)
Continue Item 16H2 to the October 25, 2022, BCC Meeting: Request the Board adopt a proposed resolution
by Mr. David Silverberg that condemns anti-Semitism in all forms and expressions; condemns all forms of
discrimination, prejudice, and hate against any person or group of people regardless of faith, race, gender,
creed, sexual orientation, or national origin; condemns any call to violence or use of violence for any purpose
at any time; and resolves to actively and vigorously oppose, investigate, and prosecute to the fullest extent of
the law any advocacy of violence, acts of violence, or crimes manifesting hatred against any person, property,
or institution based on faith, race, gender, creed, sexual orientation, or national origin, and will provide to
bigotry no sanction and to persecution no assistance. (Sponsored by Commissioner McDaniel) (All Districts)
(Commissioner McDaniel’s Request)
Continue Item 16C2 to the October 11, 2022, BCC Meeting: Recommendation to approve several
agreements that allow Gulf Coast Junior Golf Tour, Inc. d/b/a The First Tee of Naples/Collier, a Florida not
for profit corporation, (hereinafter “First Tee”) to sublease, construct and operate the First Tee –
Naples/Collier Learning Center (“Learning Center”) on a portion of the Golden Gate Golf Course property
with a term of 99-years, and a right of first refusal in furtherance of the intent of the Board approved Collier
County Standard Form Long-Term Lease and Operating Agreement with CC BSG Naples, LLC
(“BigShots”). (District 3) (Clerk of Courts Request)
Notes:
TIME CERTAIN ITEMS:
Item 5A is to be heard immediately following the approval of the amended Regular, Consent, and Summary
Agenda.
11/7/2022 3:54 PM
09/27/2022
EXECUTIVE SUMMARY
Recommendation to consider an Ordinance to establish a Notice to Tenant Ordinance relating to
landlords providing written notice of rent increases over 5% to tenants with leases of one year or
longer.
OBJECTIVE: To consider an Ordinance in support of long-term County tenants who are impacted by
rent increases.
CONSIDERATIONS: As background, the cost of housing is on the rise throughout not only Collier
County but also Florida and nationwide. Comparing Collier County to other areas in Florida, Collier
continues to have some of the highest rents and least number of affordable units in southwest Florida. A
recent article in the Washington Post identified the Naples-Marco Island Metro Area as having the highest
rental increases in the nation. The residential rental rates in the area have increased by 39% from the first
quarter 2020 to the first quarter 2022. Redfin economists have stated in a recent Washington Post article,
the reason behind the rent increases is “the pandemic was kind of a pause on the economy and now that
things are reopening, inflation is picking up, rents are going up and people are realizing they don’t have as
much disposable income as they might have thought they had.”
Housing specialists cite the reason for rent increases as (a) demand, (b) pricey and competitive home
buying market has priced many would-be homebuyers out of the market, (c) expiration of rent freezes and
other measures that kept rents lower during the pandemic are now expired, and (d) wealthy renters who
are able to pay more (high paying industries allow people to work from anywhere thus the migration from
high paying markets like Chicago and New York to more affordable areas).
This fast-changing market has caused increases in rental rates and as such communities across the nation
and Florida are enacting rental ordinances to address termination periods and rent increase notification
requirements. Several communities in Florida have enacted similar ordinances, including the City of
Naples.
On April 26, 2022, the Board of County Commissioners approved Agenda Item #11E and authorized staff
to move forward with advertising an ordinance to establish a Fair Notice to Tenant Ordinance requiring
landlords to provide a 60-day fair notice for tenants in long term leases experiencing a 5% or greater rent
increase. On May 10, 2022, Agenda Item #9B, the Board voted down the Ordinance 3-2 and directed staff
to facilitate public input and bring the Ordinance back at the next scheduled meeting for reconsideration.
On May 16, 2022, staff held a Public Meeting in conjunction with members of the Affordable Housing
Advisory Committee (AHAC). A quorum was not present. The meeting was attended by 16 persons on
Zoom (2 AHAC members) and 15 community members, including 4 member s of the AHAC. Based on
feedback received at this meeting, Housing staff supports the following language changes to the
Ordinance for Board consideration:
1. Remove the word “Fair”;
2. Add language to the written notice providing the website and phone number for Community and
Human Services;
3. Remove Section III options to: (1) accept the proposed amendment; (2) reach an acceptable
compromise, or (3) reject the proposed amendment to their tenancy. If the required 60 days
written notice has been provided and the tenant has not agreed to the proposed amendment or an
acceptable compromise, the landlord may impose the proposed amended term(s) or require the
tenant(s) to vacate the residence;
4. Require the tenant to provide the landlord 30 days notice if th ey are going to accept the rent
increase.
On May 24, 2022, Agenda Item #9A, a motion to further continue the agenda item failed 2/2, and a
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09/27/2022
motion to approve the proposed ordinance as written failed for lack of a second. On September 13, 2022,
a public petition request was made to again consider enacting the ordinance, and the Board directed that
the proposed ordinance be once again advertised and brought back as an agenda item for consideration.
FISCAL IMPACT: Advertising costs for this item were $511. The future fiscal impact if additional
Code Enforcement staff is necessary to administer is unknown at this time.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: In light of the Board’s discussion on April 26th I amended the proposed
ordinance to apply to only those leases of one year or longer (eliminating the month-to-month issue) and
included a specific violations and penalties clause. The proposed ordinance reads in relevant part as
follows:
SECTION THREE: Fair Notice to Tenant on Rent Increase More Than Five Percent
A residential landlord that proposes to increase the rental rate by more than five percent at the end
of a lease for a term of one year or longer must provide 60 days written notice to the tenant before
the tenant must either: (1) accept the proposed amendment; (2) reach an acceptable compromise;
or (3) reject the proposed amendment to their tenancy. If the required 60 days written notice has
been provided and the tenant has not agreed to the proposed amendment or an acceptable
compromise, the landlord may impose the proposed amended term(s) or require the tenant(s) to
vacate the residence.
SECTION FOUR: Violations and Penalties
All violations of this ordinance may be processed according to the Collier County Consolidated
Code Enforcement Ordinance (Ordinance No. 2010-04, as amended) and per the provisions of
F.S. chapter 162, parts I or II, as may be applicable. A violation of this ordinance shall be
punishable by a fine not exceeding $500.00. A separate penalty may be imposed for each
violation of this ordinance.
In keeping with the Board’s discussion, I also added an additional Whereas clause to include the
following policy reason for the proposed ordinance:
WHEREAS, there are programs which are available to assist tenants in paying their rents, which
application process takes a minimum of 30 days;
During the April 26th discussion Staff advised the Board that there are currently millions of dollars in
government programs in place for the express purpose of rental assistance to Collier County residents,
which take a minimum of 30 days to process, which programs would be rendered moot without sufficient
time for the tenants to apply and receive the funding. Requiring 60 days’ notice of a rent increase over
5% allows those tenants the opportunity to apply for and obtain the assistance.
With that noted, this item is approved as to form and legality. -JAK
RECOMMENDATION: To enact an Ordinance to establish a Notice to Tenant Ordinance relating to
landlords providing written notice of rent increases over five percent to tenants with leases of one year or
longer.
Prepared By: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - Fair Notice to Tenant (PDF)
2. legal ad - agenda ID 23442 (PDF)
9.B
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09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Doc ID: 23442
Item Summary: Recommendation to consider an Ordinance to establish a Notice to Tenant
Ordinance relating to landlords providing written notice of rent increases over 5% to tenants with leases
of one year or longer.
Meeting Date: 09/27/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
09/20/2022 3:37 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
09/20/2022 3:37 PM
Approved By:
Review:
Growth Management Department Jacob LaRow Additional Reviewer Completed 09/21/2022 8:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2022 10:48 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/21/2022 11:29 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/21/2022 2:01 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/21/2022 3:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
9.B
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9.B.1
Packet Pg. 101 Attachment: Ordinance - Fair Notice to Tenant (23442 : Notice to Tenant Ordinance)
9.B.1
Packet Pg. 102 Attachment: Ordinance - Fair Notice to Tenant (23442 : Notice to Tenant Ordinance)
9.B.1
Packet Pg. 103 Attachment: Ordinance - Fair Notice to Tenant (23442 : Notice to Tenant Ordinance)
9.B.2
Packet Pg. 104 Attachment: legal ad - agenda ID 23442 (23442 : Notice to Tenant Ordinance)