Building On Rental Success

Mandi Jo Hanneke, Rob Morra (Building Commish), Pat Kamins, Maurianne Adams

Building Commissioner Rob Morra told the Rental Bylaw Implementation Group this afternoon that after 18 months the new Rental Permit Program is going better than expected but could still be improved -- most notably via a strengthening of the bylaw.

The second Fiscal Year of operation started July 1st and by the end of the month 1,260 properties had renewed their permits, almost exactly the same number who enrolled the previous year.

About 30-40 new properties joined the list but about that many dropped off because they were no longer renting, so it was pretty much  a wash.

With the $100 annual fee the program generated a $126,000 in revenues while break even for administrating is probably in the $165,000 range, a target figure that was given to Town Meeting two years ago when the program was first enacted.

The Town Manager could possibly consider a fee hike next year to increase revenues, bringing the program to a break even mark.

The main change Morra would like to see is the ability to (re)inspect properties that have been the subject of complaints and found by his department to be in violation of building/health codes.  In Fiscal Year 2014 his department found 214 violations.

Currently a landlord "self inspects" the property and town inspectors only become involved when a tenant lodges a complaint.  Morra pointed out that in some of the most egregious violations found the landlord/manager had checked off the self inspection form indicating that all was fine.

Kind of like what Iran nuclear self inspectors will be doing in the near future.

The Rental Bylaw Implementation Group was not overly enthusiastic about strengthening the bylaw just now (but maybe in the spring of 2017) to allow for mandatory inspections, siting mainly privacy concerns.  They also wish to see data to show how many of those 214 violations last year were repeat offenders.

Another idea presented by Morra was also met with wariness, also due to privacy concerns:  A joint task force made up of police, fire, health department and the new UMass neighborhood liaison (Eric Beal) with a mission to tour a usual suspect street or neighborhood.

The goal would not be to simply hand out enforcement tickets but to educate and inform residents of their rights to live in a safe rental property.  Morra thought if the pilot program does come to fruition it would kick off in late September or sometime before Halloween.

The Rental Registration Bylaw was overwhelmingly passed by Town Meeting two years ago as one means of bringing rowdy Party Houses under control, but mainly to prevent tragedies that can occur when slum lords have free reign.

So far this important public safety program is two for two.

New Sheriff In Town

Umass Amherst:  Getting out from under a cloud

UMass Amherst, our proud flagship of higher education, just announced the new "neighborhood liaison," aka "off campus Resident Assistant," and they could not have made a better choice than Eric Beal.

Eric Beal Chairs his final ZBA meeting (June 11) after 8 years of service

. 

Modeled after the Boston College program of having a school employee who is a hybrid of a cop and bar bouncer, Mr. Beal will patrol the usual suspect neighborhoods adjacent to the UMass campus to try to head off rowdy parties before they hit the stage where APD is required.

Mr. Beal will be paid a $62,000 annual salary.

18 months ago Eric Beal chaired the ZBA meetings against a prominent local landlord who appealed the hefty fines imposed by the Building Commissioner for having too many students packed into an apartment, without proper safety precautions. 

That case became a turning point, and helped in the creation of the successful Rental Registration & Permit Bylaw which is now at 100% adherence.

#####
UMass Press Release

Aug. 3, 2015

UMass Amherst Chooses Attorney and
Former Town Official Eric Beal
as First Neighborhood Liaison

AMHERST, Mass.

Eric Beal, an Amherst attorney and former chair of the Amherst Zoning Board of Appeals, has been appointed to the newly created position of neighborhood liaison at the University of Massachusetts Amherst, effective August 3rd.

Beal, a UMass Amherst alumnus, will work with town and campus public safety officials, responding to incidents and complaints involving off-campus student behavior in neighborhoods near campus. He will serve as a liaison to off-campus students and neighbors during evening weekend patrols and will assist campus partners with proactive programs on student behavior, educational campaigns and community service activities.

“Eric’s deep knowledge of the neighborhoods around campus both as a resident and as a former zoning official makes him uniquely qualified for this new and important position,” said Nancy Buffone, associate vice chancellor for university relations. “This position is another step forward in our town-gown efforts and I am confident that Eric’s skills and experience are a great fit for the university and our campus neighbors as well.”

The creation of the neighborhood liaison position was a key recommendation in former Boston Police Chief Edward Davis’ September 2014 report to campus and community officials on how best to handle large off-campus disturbances. The neighborhood liaison’s role is to work directly with community members, hear everyday concerns and build relationships to deter disorderly student behavior. Similar positions have been successful at Boston College and Georgetown University.

Beal will be a nighttime mainstay in the neighborhoods that traditionally find students gathering during fall and spring semester weekends. He will collaborate with Amherst police and fire officials on proactive approaches to student-neighborhood issues and with the university’s Student Affairs and Campus Life office on its successful Walk This Way and Team Positive Presence programs.

“I fell in love with the Amherst area while a sociology major at UMass Amherst in the early ’90s, and it’s been a dream of mine to work for UMass,” said Beal. “In my eight years on the ZBA, I worked closely with town and public safety officials, residents and property owners. I learned first-hand about the issues affecting our neighborhoods and efforts of residents, the town and the university to improve quality of life. I look forward to joining UMass to continue that work.”

A graduate of UMass Amherst and the University of Connecticut School of Law, Beal has a background in human services, including a stint as a resident assistant in the Southwest Residential Area and work as a mental health counselor in the Holyoke area.

In his law practice, Beal represents clients in appellate matters, including children and families in care and protection appeals. Beal previously was an associate with Axinn, Veltrop & Harkrider in Hartford from 2001-07, representing Fortune 500 clients in litigation, government investigation and appeals, and an associate with Bulkley, Richardson and Gelinas in Springfield from 2007-10.

An Amherst resident, Beal plays alto saxophone in the Amherst Community Band under the baton of UMass Marching Band director Timothy Anderson. He has served as a member of Amherst Town Meeting and is a supporter of the Friends of Puffer’s Pond. He is an avid cyclist and trail runner and serves as a lead coordinator for the 2015 Amherst Regional High School Cross Country Invitational.

 Beal lives with his daughters, Lillian and Ella, and his long-time partner, Shelley, and her two sons, Peter and Eric.

Housing Enforcement Outliers

Inspection Services Department located in historic Amherst Town Hall

The once controversial Amherst Rental Registration Bylaw -- one of the most important pieces of local legislation passed in a generation -- is now just over 1.5 years old.

After achieving 100% compliance of nearly 1,300 properties before the end of its rookie year, the next step of course is to keep them in compliance.

That's where the Inspection Services Department come in, aka the enforcer.

Interestingly the first half of 2014 compared to the first half of 2015 the number of complaints is exactly the same @ 164.  But in 2014 those 164 complaints were lodged against a total of 151 different properties and in 2015 the 164 complaints were lodged against a total of only 81 properties. 

Same number of complaints involving far fewer properties

Two of the more serious enforcement actions involved illegal basement dwelling units occurred in 2015. Fortunately both had a happy ending, although one landlord ended up paying $500 in court fines.

 149 Farmington Road

   Amherst Housing Case

 

816 North Pleasant Street 

   Amherst Rental Bylaw Enforcement

 

 

Improving On Success

APD Chief  Scott Livingstone addresses Rental Bylaw Implementation Group

The Rental Permit Bylaw has become perhaps the most successful local government health safety initiative of the past generation, protecting tenants from (the few) shoddy landlords while motivating them to keep tenants behavior in check or risk losing their permit.

Now, only one year after start up, the certification program boasts 100% compliance of all 1,261 rental properties in Amherst, a college town with a high percentage of rentals and the lowest median age in the state.

Amherst Police Chief Scott Livingstone paid a visit this afternoon to the Rental Bylaw Implementation Group to discuss ways to improve on the already resounding success of the program, specifically by allowing easier access to police records of that neighborhood bane, noise/nuisance issues.

The Chief told the committee that noise/nuisance complaints are not the highest priority for police response, so on a busy weekend when the weather is nice the call response can be delayed by an hour or more.  By the time police arrive the party or noise is sometimes over.

Currently the system  tracks noise/nuisance complaints if a formal ticket or warning is issued to a property.  But committee member Maurianne Adams wishes to see the system capture complaints made against a residence whereby no formal action was taken by officers, perhaps due to a delayed response.

Chief Livingstone confirmed the rowdy behavior that has disrupted neighborhoods for too many years, has improved significantly:  In 2012 APD had 1,064 calls for service relating to bad behavior and only two years later, in 2014, those calls decreased over 40% to 617.

The Chief attributed this dramatic reduction to outreach work done by his officers -- following up noise complaints the next morning for instance -- extensive publicity shining a light on bad behavior, neighbors taking it on themselves to try to resolve issues, and "peer group" initiatives undertaken by UMass and the Student Government Association (Walk This Way and Team Positive for instance).

One problem with increasing transparency of police calls via the town website is APD's computer system does not get along well with the town system used by Building Commissioner Rob Morra.

But Chief Livingstone liked the idea of sharing this information and planned to take it up with his senior staff and Information Technology person later this month. 

100% Compliance!

Building Commissioner Rob Morra, head of the table

The Rental Bylaw Implementation Group heard nothing but good news this afternoon from Building Commissioner Rob Morra:  All 1,261 rental properties in the the bustling little college town of Amherst are now in full compliance with the bylaw overwhelmingly passed by Amherst Town Meeting last May.

Morra told the committee that originally using assessor records the number of rental properties was pegged at 1,575.  After the first bulk mailing, however, about 300 let it be known that they do not rent out any part of their property.

Taking a hint from President Reagan the Building Commissioner used a "trust but verify" methodology to confirm they were indeed not renting, and he continues to keep those properties on a "watch list".

About 30 property owners out of the 1,261 did not take the bylaw seriously and continued to ignore requests to come into compliance.  They were issued $100/day fines and soon enough ALL of them became believers.

But not before $8,000 was collected in fines, with the most stubborn landlord accounting for about $3,000 of that.

In total, the Rental Permit Bylaw has generated $126,100 in registration permit fees ($100 per property times 1,261) plus the $8,000 in fines for a total of $134,100 this Fiscal Year, FY14.

Yellow pins indicate APD actions taken

The other equally major piece of good news is the town website for all things rental now shows properties that have been warned or cited (or arrested) by APD for noise and or nuisance complaints over the last year or so.

Neighbors can now track the major offenders.  Once three complaints appear under a yellow pin in a single location, that property is potentially subject to a revocation of the rental permit.

$2000 Fine vs $100 Compliance Fee

 25 Butterfield Terrace

The last of the housing holdouts paid their dues and the town's rental stock is now 100% in compliance with the new Rental Registration and Permit Bylaw, overwhelmingly passed by Amherst Town Meeting last year.

   Amherst Housing Court Docs

On Monday Amherst Building Inspector Jon Thompson appeared in Eastern Hampshire District Court before a Clerk Magistrate.  Of the six cases he presented, one was continued to August 29 (Kathleen Maiolatesi), with all the others ended favorably for the town.

Deborah Kruger failed to show up for the hearing, costing her $1,700.  The three parking citations were all upheld and the perps paid $100 each.  And Alpha Tae Gamma (25 Butterfield Terrace) settled before the hearing by agreeing to pay $2,000.

FY15 only started July 1st

And Then There Were None

 

Pat Kamins landlord, Rob Morra (on right)  Building Commissioner

Amherst Building Commissioner Rob Morra reports the most recent Rental Permit Bylaw enforcement actions taken by his office to bring into the compliance the final dozen properties (out of 1,300) has been successful.

Only one remains -- 84 Grantwood Avenue -- and they have told him the "application is in the mail."

 A dozen years ago the Board of Health made an ill fated attempt to bring about Rental Registration but it was mostly ignored; and after the contentious "Smoking Ban in Bars War" from a few years earlier the Board seemed reticent to take on the enforcement challenge.  

Naysayers with a vested interest claimed the current implementation of the common sense bylaw, with its nominal $100 annual fee, would be a logistical nightmare and that the Zoning Board would be overwhelmed with hearings to approve the parking component of the program. 

But all of that sound and fury has apparently signified nothing.

100% compliance now sets the stage for rental occupancy peak season when students return next month.  So the next big test is yet to come.  

Pay Me Now Or ...

641 Main Street

Building Commissioner Rob Morra has entered a final phase for rolling in the Rental Registration and Permit Bylaw set to the tune, "No More Mr. Nice Guy."

The law was overwhelmingly passed by Amherst Town Meeting last year and went into effect January 1st.  It requires all rental properties to register with the town, pay $100 annual fee, and fill out a check list verifying adherence to basic health safety regulations.  

Out of 1300 rental properties in town that come under the ordinance only 32 have failed to comply.  As of May 30th the lower 13 properties on the list (below red line) have been issued $100 per day fines.  Yes, that's the total annual cost of compliance now paid PER DAY.

Already the town has received $1,500 in fines, and for those who refuse to pay the fines complaints will be filed in District Court at the end of this month.

The top 19 properties (above red line) will be issued $100/day fines starting this week as their deadline to comply was Friday the 13th.  Bad luck for them, good thing for the town.

 Click to enlarge/read

If It Ain't Broke ...

 

Maurianne Adams, Phil Jackson, Rob Morra (Building Commissioner)

The Rental Bylaw Implementation Group heard a detailed report this afternoon from Building Commissioner Rob Morra on the implementation of the new Amherst rental registration and permit bylaw which went into effect January 1st

Originally it was thought the town had 1,570 rental properties that needed to comply, but after a mailing to all of them Morra reports a number of phone calls from homeowners who should not have been on the list.

After the dust cleared, about 1,300 properties remained.  So far just over 1,000 have paid the $100 fee, filled out the forms and received their permits.

18 have already gone before the Zoning Board of Appeals for a parking permit or to remove a "owner occupancy" condition on their original Special Permit and another 40-50 remain in the pipeline for Zoning hearings.

But that still leaves around 250 who are not in compliance and do not seem interested in coming into compliance.  Next week the town will send them a "more formal notice of violation" with a short two week time frame for coming into compliance.

If not, the Building Commissioner will issue fines which will be enforced by Eastern Hampshire District Court.

Morra reports that the 250 outliers are almost all "absentee owners" and that local well known landlords have been extremely cooperative, as has the Zoning Board of Appeals with rental housing related cases.  

Amherst police Chief Scott Livingtone has agreed to work with the town's Information Technology department to allow Noise and Nuisance tickets and arrests to be made available on the Amherst Rental Permitting page of the town website.  Morra hopes this will happen over the summer.

Currently the database only includes building code and zoning violations.  Considering the impetus for the entire permit system was the noxious influence party houses were having on neighborhoods it only makes sense to include police data.

 Vince O'Connor, a 40 year Amherst rental tenant

The Committee also heard from Town Meeting member Vince O'Connor, who filed a petition article (#42) to, "suspend the operation and enforcement of the bylaw" until after a new more inclusive committee is appointed by the Moderator consisting of 8 Town Meeting members -- four of them tenants (but one has to be an undergrad student) and four homeowners (at least one a rental housing owner).

In other words a do over.

O'Connor has now amended the article to take out, "suspend the operation and enforcement" of the bylaw and the new committee of eight would simply review the current Self-Certification Checklist and make suggestions to the Town Manager, Select Board and report to Town Meeting in the Fall.

Morra and three-out-of-four members of the Rental Bylaw Implementation Bylaw Group, while remaining polite, did not seem overly impressed with Mr. O'Connor's idea. 

Devil In The Details

 

Building Commissioner Rob Morra right, Pat Kamins on his right

The Safe & Health Neighborhoods Working Group -- perhaps the most successful committee in recent history in a town overrun with committees -- has begat another working subgroup also appointed by Town Manger John Musante tasked with planning  "implementation" of the Rental Permit bylaw.

Amherst Town Meeting  overwhelming passed the historic bylaw on May 20th, and it goes into effect January 1st.  Building Commissioner Rob Morra told the new group today that he has an "aggressive schedule" in mind to make that January 1st deadline.

The estimated number of properties that will require registration is around 1,500 

Three of the four Rental Bylaw Implementation Group members attended today's kick off meeting -- Pat Kamins, property manager, Phil Jackson, homeowner, Maurianne Adams, member of  Coalition of Amherst Neighborhoods.  Jacob Lefton, a tenant and frequent critic at the Safe & Healthy Neighborhood Working Group meetings, is the fourth member of the group but was on vacation.

 Other side of the table.  Phil Jackson center

One major complaint about SHNWG was the lack of a tenant on the 15 member committee.

At one point the fledgling Rental Bylaw Implementation group was outnumbered 4-1 by concerned citizens who came to the meeting -- for the most part -- to complain about the new system.  The committee has decided to have a "public comment" period as part of their meetings as did the Safe and Healthy Neighbourhoods Working Group.

Rob Morra said the implementation of the new system is being done in-house and he hopes the Information Technology department will have a system in place by October 1st for online registration and one stop shopping cart for all the forms required to make the system work.

The Amherst Select Board is scheduled to discuss and vote on a registration fee in late September.  The Safe and Health Neighborhood Working Group already recommended the fee be set at $100, but it remains to be seen if multi-unit owners or large apartment complexes will pay that fee per unit or just once per mailing address.

For instance will Rolling Green Apartments pay $100 or $20,400 to register all 204 units at their 1 Rolling Green Drive location?

The Rental Bylaw Implementation Group  scheduled meetings for three consecutive Tuesdays next month: September 10, 17th and 24th.

The rental permit system is the town's response to a chorus of complaints over the past many years about overcrowded, unsafe, disruptive rental housing owned by absentee landlords preying on tenants in a very tight rental market.

Coming soon