Proposed Boston Landlord ordinance:
(1) Owners would be required to file a registration form which identifies the name of the owner and the property address. The owner would also be required to post their name, address and phone number on the mailbox at the property. In cases where the property is owned by a trust, corporation, or other legal entity, the ordinance would require the name of the president or trustee of that entity to be posted on the property with their address and phone number. In addition, if there is a managing agent, that person’s name, address and phone number must be posted.
If the owner resides outside of Massachusetts, a “Boston based” resident agent has to be designated to accept service of process.
(2) Along with providing this information, as part of the registration process, the owner must attest and affirm that they are familiar with their obligations both under the relevant housing codes and fair housing and other housing related laws.
(3) The registrations must be filed annually along with a filing fee of $25 per apartment, with a cap of $5,000 per building and $10,000 per complex. There is no limitation on the manner in which the registration database may be employed.
(4) The Ordinance also contains an inspection system which would require most owners to have their properties inspected once every three (3) years. The inspections may either be performed by ISD inspectors or by other “Authorized Inspectors” approved by ISD. The inspections must include a sworn statement from the inspector that the unit met all relevant codes and be filed with ISD. ISD then has the right to audit 10-20% of the inspections. An owner is exempt from the inspection requirement if the property is an owner-occupied three-unit property or if the property is subsidized and subject to annual inspections as part of the subsidy program. An owner may also apply for an exemption to the inspection requirement. The exemption is at the discretion of the Commissioner of ISD and is to be based on the following factors: (a) history of the owner’s property management and a management plan submitted for the property; (b) history of code compliance; (c) site visit by ISD; (d) history of compliance with the Problem Property Ordinance. The exemption, if granted, may be revoked in the event if any housing code issues arise.
(5) In cases where any inspection discloses violations, the owner must resolve same and also file a management plan demonstrating the manner in which the issues will be resolve and maintained. An inspection fee of $50 per unit is to be assessed, with an addition $50 due if more than two (2) inspections are required for a unit to be passed. Owners utilizing Authorized Inspectors are able to negotiate a lower price, if available.
(6) The Ordinance establishes a “Chronic Offender Point System” by which each violation noted by ISD results in the assignment of a specific number of points. In the event the points exceed the maximum allowed, based on the size of the property, the property is subject to fines of $300 for each successive point.
I Say…Oppose, Oppose!