STORAGE NAME: h0365b.CIV
DATE: 3/25/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 365
TITLE: Rent of Affordable Housing Dwelling Units
SPONSOR(S): Tendrich
COMPANION BILL: SB 382 (Bernard)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism
17 Y, 0 N, As CS
Civil Justice & Claims
Commerce
SUMMARY
Effect of the Bill:
The bill prohibits a landlord from increasing the rent of a dwelling unit during the term of a rental agreement if:
The unit qualifies as affordable housing; and
The landlord has received federal, state, or local funding or tax incentives because of the unit’s status as
affordable housing.
However, the bill does not prohibit such landlords from increasing the rent when the tenant is renewing the rental
agreement.
The bill only applies to rental agreements with a term of 13 months or less that are entered into on or after July 1,
2026.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Prohibition on Rent Increases
The bill amends the Florida Residential Landlord and Tenant Act. Under the bill, a landlord of a dwelling unit that
qualifies as affordable housing, who has received federal, state, or local funding or tax incentives because of the
unit’s status as affordable housing, may not increase the rent of such unit during the term of a rental agreement.
(Section 1.)
In effect, the bill protects tenants who live in affordable housing units, whose landlords receive funding or
incentives because of the unit’s status as affordable housing, from any increases, whether anticipated or not, in the
amount to pay for rent during the term of a rental agreement. (Section 1.)
Scope of the Prohibition
The bill expressly provides that the prohibition on rent increases does not apply when the tenant is renewing his
or her rental agreement. This means the landlord could only increase the rent for an affordable housing unit when
the rental agreement is up for renewal. At that point, the landlord and tenant could enter into negotiations for any
increase in rent. (Section 1.)
The bill only applies to rental agreements with a term of 13 months or less that are entered into on or after July 1,
2026. (Section 1.)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The effective date of the bill is July 1, 2025. (Section 2.)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector. The bill eliminates the ability of a landlord that rents
out an affordable housing unit, and who receives public assistance for the unit’s status as affordable, to increase the
rent for such unit during the term of a rental agreement. Tenants who rent such units would be shielded from any
increases in the amount to pay for rent during the term of a rental agreement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida’s Residential Landlord and Tenant Act
The Residential Landlord and Tenant Act
1 (Act) governs the rental of dwelling units and the relationship between
landlords
2 and tenants
3 in Florida.
4 Significant provisions in the Act include those relating to unconscionable rental
agreements and provisions,
5 the duration of the rental agreement and the tenancy,
6 prohibited provisions in rental
agreements,
7 maintenance obligations of landlords and tenants,
8 a landlord’s access to a dwelling unit,
9
terminations of tenancies and rental agreements,
10 and actions for damages.
11
The Act defines “dwelling unit” as:
A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one
person or by two or more persons who maintain a common household.
A mobile home rented by a tenant.
A structure or part of a structure that is furnished, with or without rent, as an incident of employment for
use as a home, residence, or sleeping place by one or more persons.
12
Rent Regulation Policies
Rent regulation policies can protect tenants from dramatic increases in housing costs.
13 Jurisdictions adopt rent
regulations for several reasons, one of which is ensuring stability for tenants in rent-stabilized
14 units and
promoting the overall affordability of rental housing.
15
1
The Florida Residential Landlord and Tenant Act (Act) is codified in ch. 83, part II, F.S. Nonresidential tenancies and all
tenancies not otherwise governed by the Act are governed by pt. I of ch. 83, F.S. s. 83.001, F.S.
2
“Landlord” means the owner or lessor of a dwelling unit. S. 83.43(9), F.S.
3
“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement. S. 83.43(17), F.S.
4
S. 83.41, F.S.
5
See s. 83.45, F.S.
6
See s. 83.46, F.S.
7
See s. 83.47, F.S.
8
Landlords have an obligation to maintain the premises and the dwelling unit, whereas tenants only have an obligation to
maintain the dwelling unit. See ss. 83.51, F.S. and 83.52, F.S.
9
See s. 83.53, F.S.
10
For terminations of rental agreements, see s. 83.56, F.S. For terminations of tenancies without a specific term, see s. 83.57,
F.S. For termination of tenancies with a specific duration, see s. 83.575, F.S.
11
See s. 83.55, F.S.
12
S. 83.43(5), F.S.
13
Local Housing Solutions, Rent Regulation, Mar. 2021, https://localhousingsolutions.org/housing-policy-library/rent-
regulation/ (last visited Mar. 25, 2025).
14
Id.
15
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The goals of rent regulation policies, however, can compete with each other.
16 For example, maintaining the
affordability of existing housing might discourage new housing construction.
17 Meanwhile, protections for current
tenants might make it harder for future tenants or those living in unregulated units to remain in and afford
housing.
18
With only a few exceptions, local governments in Florida are prohibited from imposing price controls upon a lawful
business activity that is not franchised by, owned by, or under contract with, an agency of the local government.
19
Any local government ordinance or rule that has the effect of imposing such price controls is preempted by the
state.
20
Currently, Florida law does not impose any statewide limits on how much a landlord can raise the rent for a
dwelling unit, provided the landlord does not increase the rent for discriminatory reasons.
21
Affordable Housing
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of that amount which represents the percentage of the median adjusted
gross annual income for extremely-low-income households,
22 very-low-income households,
23 low-income
households,
24 or moderate-income households.
25, 26 Over 2.4 million low-income Florida households pay more than
30% of their incomes towards housing, which is the maximum amount considered affordable by experts.
27 Over
half of these households, or 1.3 million low-income households, spend more than 50% of their income towards
housing costs.
28 This makes it difficult for those households to save for retirement or emergencies and difficult to
afford other necessities such as food and childcare.
29
Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
16
Id.
17
Id.
18
Id.
19
S. 166.043(1)(a), F.S. See also Hemlane, Florida Rent Control Laws, Mar. 2024, https://www.hemlane.com/resources/florida-
rent-control-laws/ (last visited Mar. 2, 2025).
20
S. 83.425, F.S.
21
See s. 83.64(1), F.S. It is unlawful under Florida law for a landlord to discriminatorily increase a tenant’s rent primarily
because the landlord is retaliating against the tenant.
22
S.420.0004(9), F.S. “Extremely-low-income persons” means one or more natural persons or a family whose total annual
household income does not exceed 30 percent of the median annual adjusted gross income for households within the state.
Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties,
extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low
income may be less than 30 percent of area median income.
23
S. 420.0004(17), F.S.“Very-low-income persons” means one or more natural persons or a family, not including students, the
total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross
income for households within the state, or 50 percent of the median annual adjusted gross income for households within the
metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides,
whichever is greater.
24
S. 420.0004(11), F.S. “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross
household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the
state, or 80 percent of the median annual adjusted gross income for households within the MSA or, if not within an MSA,
within the county in which the person or family resides, whichever is greater.
25
S. 420.0004(12), F.S. “Moderate-income persons” means one or more natural persons or a family, the total annual adjusted
gross household income of which is less than 120 percent of the median annual adjusted gross income for households within
the state, or 120 percent of the median annual adjusted gross income for households within the MSA or, if not within an MSA,
within the county in which the person or family resides, whichever is greater.
26
S. 420.0004(3), F.S.
27
Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-
Home-Matters-Report.pdf (last visited Mar. 25, 2025).
28
Id.
29
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Housing and Urban Development (HUD).
30 In Florida, the current statewide AMI for a family of four is $88,600 (as
family size changes, the income range also varies). Additionally, the 2024 income limits for a family of four are as
follows:
31
Extremely-low-income – earning up to 30 percent AMI (at or below $26,600);
32
Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300);
33
Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900);
34 and
Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320).
35
As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters.
36
In addition, there were no communities in Florida that could provide enough housing to support this group of
renters, which is primarily made up of low-income workers, retirees, and people with disabilities.
37
Public Assistance for Affordable Housing Rentals
The Section 8 housing choice voucher (HCV) program is the federal government’s primary program for assisting
very low-income families, the elderly, and persons with disabilities in affording decent, safe, and sanitary housing
in the private market.
38 HVCs are administered locally by public housing agencies (PHAs) that receive federal funds
from HUD.
39
First, HUD provides the funds to allow PHAs to make housing assistance payments on behalf of HCV tenants.
40 HUD
also pays the PHA a fee for the costs of administering the program. HUD monitors PHA administration of the
program to ensure program rules are properly followed.
41
Then, the PHA administers the HCV program locally and provides an HCV tenant with the housing assistance.
42 The
PHA must examine the tenant’s income and household composition, and ensure that their housing unit meets
minimum housing quality standards.
43 The PHA then enters into a contract with the landlord to provide housing
assistance payments to the landlord on behalf of the family.
44
Another federal program that indirectly provides support for landlords who provide affordable housing rental
units include the U.S. Department of the Treasury’s Emergency Rental Assistance (ERA) program, which has
collectively provided communities over $46 billion to support housing stability for eligible renters throughout the
COVID-19 pandemic.
45
30
See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,
https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Mar. 25, 2025).
31
U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:
Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Mar. 25, 2025).
32
Id. See also s. 420.0004(9), F.S.
33
Supra note 26. See also s. 420.0004(17), F.S.
34
Supra note 26. See also s. 420.0004(11), F.S.
35
Supra note 26. See also s. 420.0004(12), F.S.
36
Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-
Home-Matters-Report.pdf (last visited Mar. 25, 2025).
37
Id.
38
U.S. Dept. of Housing and Urban Development, Housing Choice Voucher Fact Sheet for Landlords, May 2021,
https://files.hudexchange.info/resources/documents/PIH-HCV-Landlord-Fact-Sheet.pdf (last visited Mar. 25, 2025).
39
Id.
40
Id.
41
Id.
42
Id.
43
Id.
44
Id.
45
U.S. Dept. of the Treasury, Emergency Rental Assistance Program, https://home.treasury.gov/policy-
issues/coronavirus/assistance-for-state-local-and-tribal-governments/emergency-rental-assistance-program (last visited
Mar. 25, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Florida Housing Finance Corporation
In addition to public assistance for landlords who rent out affordable housing units, the Florida Housing Finance
Corporation (Corporation) administers federal and state resources that assist developers in financing the
development of safe, decent affordable housing. Created in 1997 as a public-private entity,
46 the Corporation is held
by the state and housed within the Department of Commerce.
47
The following programs are administered by the Corporation:
State Apartment Incentive Loan Program: This program provides developers with low-interest loans as gap
financing to leverage mortgage revenue bonds or Low-Income Housing Tax Credit resources needed to
construct or rehabilitate affordable rental units.
Multifamily Mortgage Revenue Bonds: This program uses both taxable and tax-exempt bonds to provide
below market rate loans to nonprofit and for-profit developers who set aside a certain percentage of their
apartment units for low-income families.
HOME Investment Partnerships Program: This program provides non-amortizing, low-interest rate loans
to developers of affordable rental housing, particularly in more rural areas of the state.
Low Income Housing Tax Credits: This program provides for-profit and nonprofit organizations with a
dollar-for-dollar reduction in federal tax liability in exchange for the acquisition, substantial rehabilitation,
or new construction of low- and very-low-income rental housing units.
Special Needs Housing: This program enhances the ability of extremely low-income households with
special needs to access and retain affordable rental housing in their communities by offering incentives to
developers who set aside a portion of their housing units for special needs households.
48
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Housing, Agriculture & Tourism
Subcommittee
17 Y, 0 N, As CS 3/18/2025 Curtin Fletcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Narrowed the scope of the bill’s application to rental agreements with a term of
13 months or less that are entered into on or after July 1, 2026.
Civil Justice & Claims
Subcommittee
Jones Leshko
Commerce Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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46
See ch. 97-167, Laws of Fla.
47
S. 420.504(1), F.S.
48
Florida Department of Commerce, Affordable Housing Planning, https://floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/affordable-housing-
planning#:~:text=Low%20Income%20Housing%20Tax%20Credits%20%2D%20The,and%20very%20low%20income%20r
ental%20housing%20units (last visited Mar. 25, 2025).