Florida Senate - 2025                              CS for SB 382
       
       
        
       By the Committee on Judiciary; and Senator Bernard
       
       
       
       
       
       590-02863-25                                           2025382c1
    1                        A bill to be entitled                      
    2         An act relating to rent of affordable housing dwelling
    3         units; amending s. 83.46, F.S.; defining the terms
    4         “affordable” and “base rent”; prohibiting certain
    5         landlords of specified dwelling units from increasing
    6         the base rent during the term of a rental agreement;
    7         providing construction; providing applicability;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) is added to section 83.46,
   13  Florida Statutes, to read:
   14         83.46 Rent; duration of tenancies.—
   15         (4)(a) As used in this subsection, the term:
   16         1. “Affordable” has the same meaning as in s. 420.0004.
   17         2. “Base rent” means the initial rent for a dwelling unit
   18  charged by a landlord which is calculated based on a formula
   19  dictated by an affordable housing program and which is based on
   20  the most recent publication of the United States Department of
   21  Housing and Urban Development’s Area Median Income; based on
   22  reasonable rent calculated by a public housing agency; or is
   23  otherwise based on the terms of the affordable housing program.
   24  Base rent applies before deduction of monthly housing assistance
   25  payments or the like to calculate a monthly net rent payable by
   26  the tenant.
   27         (b) A person that is a landlord of a dwelling unit that
   28  qualifies as affordable housing and who has received federal,
   29  state, or local funding or tax incentives because of the
   30  dwelling unit’s status as an affordable housing unit may not
   31  increase the base rent of the dwelling unit during the term of a
   32  rental agreement.
   33         (c) This subsection does not prohibit a landlord from
   34  increasing the base rent of a dwelling unit that qualifies as
   35  affordable housing when a tenant is renewing his or her rental
   36  agreement, or prohibit changes to the net rent based on changes
   37  to the tenant’s qualifications for a housing assistance payment
   38  under the terms of such affordable housing program.
   39         (d) This subsection applies to rental agreements that have
   40  a term of 13 months or less and are entered into on or after
   41  July 1, 2026.
   42         Section 2. This act shall take effect July 1, 2025.