In the wake of a directive from a Florida appeals court, an Orange County circuit judge has barred county elections officials from certifying votes on a controversial rent-control measure and directed county officials not to enforce its provisions.
Ninth Judicial Circuit Judge Jeffrey Ashton issued the order on Friday, granting a request by the Florida Apartment Association and Florida Realtors for a temporary injunction. Initially, Ashton denied their request, saying that allowing the vote would be in the interest of Orange County residents even though he found the ballot measure at odds with established state law.
The rent-cap measure would limit annual rent increases to 9.8% on multifamily rental units to help mitigate what Orange County officials say is a housing affordability crisis.
“The trial court correctly concluded that the association had a substantial likelihood of success on the merits of its two-pronged challenge to the county’s rent control ordinance and the corresponding ballot summary,” the Fifth District Court of Appeal said in its Oct. 27 opinion on the case. “But it erred by allowing the matter to remain on the ballot for the people of Orange County to vote on an unconstitutional ordinance described by a misleading ballot summary.”
The rental situation in Orange County did not rise to a threshold of a “housing emergency,” which would be required for a county to impose a rent cap based on the wording of state law, the appeals court found.
The appeals court, in turn, reversed the trial court’s denial of the appellants’ motion for an injunction. Ashton then followed suit in his Nov. 4 order, enjoining Orange County officials from enforcing the ordinance pending the outcome of legal proceedings.
"The appeals court denied Orange County's motion for rehearing and … Judge Ashton implemented their mandate,” Chip Tatum, the association’s executive vice president, told the Florida Record in an email. “This is proof positive that the (Orange) County Commission should never have placed this flawed and unconstitutional measure before voters in the first place.”
The turn of events means that the true work of addressing the county's housing shortages can begin, according to Tatum.
“The Florida Apartment Association looks forward to working alongside state and local policymakers on tangible solutions to expand the attainability of housing for current and future Floridians," Tatum said.