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Appeals Court Rules Against Orange County’s Proposed Rent Control Ordinance

October 28, 2022

On October 27, 2022, the Fifth District Court of Appeals decided 2-1 that the proposed rent control ordinance should be enjoined from placement on the November ballot. The effect of the opinion is that as of yesterday, October 27, 2022, the County is temporarily enjoined from implementing and enforcing the contents of the rent control ordinance. Based upon separation of powers, the Court could not mandate how the Supervisor of Elections would deal with the ballot initiative. It is likely that it will remain on the ballots since they have already been printed and early voting has already commenced.

However, even if the citizens vote in favor of the initiative, the County is enjoined from implementing and enforcing the rent control ordinance pending the outcome of the litigation.

Justice Cohen issued a dissenting opinion.

The Land Use Practice Group at Lowndes applauds the recent judicial decision related to the Rent Control Ballot Measure. We believe that the residential renters in Orange County would be better served if our local governments would:

  1. Concentrate on increasing the supply of all housing;
  2. Reduce impact fees which form a significant component of the cost to build new housing;
  3. More quickly distribute funds available for rental assistance;
  4. Provide effective incentives to increase density for affordable housing and work force housing;
  5. Reduce parking requirements for housing in near public transportation; and
  6. Avoid penalties to builders like inclusionary zoning ordinances, which jeopardize investment in housing in our region.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Rebecca

Becky  Wilson is chair of the firm's Land Use, Zoning and Environmental Group. She represents property owners, developers, lenders and other development participants with issues related to zoning, comprehensive plans, concurrency, administrative law, Developments of Regional Impact (DRI’s), procurement issues, due diligence and property rights.


As early as sixth grade, Becky advocated for the causes she believed in. Her concern about nuclear waste and water contamination in her hometown of Dothan, Alabama – and her thorough research – promoted her to press a state legislator with questions in the school auditorium. Having grown up in the South, Becky got in trouble for questioning authority – yet that life experience served her well.

After clerking for a federal judge in Washington, D.C., Becky landed in Orlando, quickly building a reputation at Lowndes for being thorough, outspoken, and a tireless advocate for clients. She ultimately found her niche in land use, collaborating with architects, transportation engineers and local governments to move her clients’ projects – and Central Florida – forward. Becky became one of the youngest female shareholders at the firm. Today, she is Chair of the Land Use, Zoning and Environmental Group.

Her clients include property owners, developers, lenders and other participants in the development of high-rise, hotels, planned communities, large “power-centers,” mixed-use projects, office buildings and big box commercial projects, projects within historic districts, multi-family developments, senior living, and affordable housing. Becky works closely with the local government entities to address the needs of her clients related to zoning, comprehensive plans, concurrency, administrative lawDevelopments of Regional Impact (DRI’s), procurement issues, due diligence, and property rights.

Undoubtedly, Becky’s diligence, activism and Southern charm were responsible in part for her appointment as chair of the Urban Land Institute (ULI) of Central Florida District Council, a global multidisciplinary real estate organization with more than 40,000 members dedicated to the responsible use of land, and creating and sustaining thriving communities.

Rebecca

Rebecca Rhoden focuses on commercial litigation, land use litigation, litigation relating to the Fair Housing Act, eDiscovery, appellate law and family and marital law.


In her practice, Rebecca routinely represents private and public clients in matters including commercial, land use, trade secrets, employment, breach of contract, commerce clause, and divorce and prenuptial agreement disputes, among others.

Rebecca has provided developers and clients with legal counsel and representation in Section 70.51 mediations. Her experience in land use and environmental dispute resolutions offers a unique benefit to clients navigating the alternative dispute resolution process following denial of a development order, zoning approval and other land use matters around the state.

Prior to joining Lowndes, Rebecca practiced in New York City with a large international firm, primarily in the area of securities litigation.

Hal

Recognized by Florida Trend magazine as a “Must-Know Contact” and one of Florida’s 500 Most Influential Business Leaders, Hal Kantor has long been a leader in the firm’s Land Use, Zoning & Environmental and Real Estate Groups.

For more than 50 years, he has been advising local, national and international clients in the areas of land use approvals, development issues and all the many facets that entails, as well as real estate transactions and finance.

Often the “attorney of last resort” in difficult and complex cases, many clients turn to Hal for his creative expertise, particularly when all else has failed. Working in combination with professional consultants and the firm’s land use litigation attorneys, he has built a well-known reputation for maneuvering even the most challenging real estate and land use issues to a successful conclusion.

Hal devotes much of his personal time to arts and cultural organizations, having served as chairman of the board for WMFE/90.7 Public Broadcasting, the Orlando Museum of Art, and United Arts. He has also served on the Orange County Arts and Cultural Affairs Advisory Board, as well as many civic boards for various local governments. He has received numerous awards and recognitions, including the Jewish National Fund’s Tree of Life Award, among others.

"Hal Kantor has a longstanding reputation in the Florida market. He draws on his vast experience to counsel clients on land use, zoning and environmental matters. 'Hal Kantor is THE zoning and land use lawyer in Orlando.'" - Chambers USA 2022*


*We make no guarantees or promises that the reader will realize the same or similar results 


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