HOW A FIRE DISASTER Left One Thrifty Landlord Learning the Building Code and Making His Own House Plans - Amazon S3
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January 2017
HOW A FIRE DISASTER
Left One Thrifty Landlord
Learning the Building
Code and Making His
Own House Plans
ATTORNEY GENERAL PURSUES
Local Exterminator, Bayer for WHAT ONE TENANT ATTORNEY
Deceptive Marketing, Environmental SEES LANDLORDS DOING WRONG:
Impact of Pesticides How to Succeed in Housing Court
Contents
4 3 LETTER FROM THE
EXECUTIVE DIRECTOR 16 THE MASSACHUSETTS
MINIMUM WAGE
is now $11/hr, and
4 HOW A FIRE DISASTER
Left One Thrifty Landlord
Remember Sick Time
Learning the Building
Code and Making His 16 FREE, PROFESSIONAL
Real Estate Marketing
Own House Plans Photos Online
8 DOUG QUATTROCHI:
The Voice for Landlords 18 ATTORNEY GENERAL
PURSUES
in Massachusetts Media Local Exterminator,
Bayer for Deceptive
10 QUESTIONS AND
ANSWERS:
Marketing, Environmental
Impact of Pesticides
13 Add-on People and
Unauthorized Vehicles
20 TALK WITH YOUR
TENANTS
13 WHAT ONE TENANT
ATTORNEY SEES
about Weed
LANDLORDS DOING
WRONG:
How to Succeed in
Housing Court
RECORD TITLE & LAW OFFICES
ATTORNEY PETER VICKERY OF STANLEY D. KOMACK
Advocate for 20,000 closings
landlords and Landlord-tenant law
+ free initial consultation
small businesses. for members
117 Park Ave Ste 201
West Springfield, MA 01089
413.549.9933 (413) 785-1851
petervickery.com
2 • MassLandlords Newsletter
January 2017
Letter from the
Published by MassLandlords, 14th Floor,
Executive Director
One Broadway, Cambridge, MA 02142.
The largest non-profit for Massachusetts
landlords. We help owners rent their
property.
We also advocate for better laws. RECAP OF 2016 AND GOALS FOR 2017.
info@masslandlords.net Last month I reviewed in detail the progress we
774-314-1896 made toward 2016’s goals. This month we’ll recap
that progress and set new goals for 2017.
THE MASSLANDLORDS In 2016 we launched our “crash course”, opened
BOARD OF DIRECTORS
Russell Sabadosa, through 2021 our Cambridge office, and started events at a new
Pietro Curini, through 2020
Joyce Nierodzinski, through 2019
Charles River chapter centered around 128 and I-90.
Yvonne DiBenedetto, through 2018 We attended our partner group events in Southern
Michael O’Rourke, through 2017
Worcester County and MetroWest each month, integrated
EXECUTIVE DIRECTOR the Rental Housing Association of Greater Springfield, and did a large amount
Douglas Quattrochi
dquattrochi@masslandlords.net of work behind-the-scenes to develop our staff and technology infrastructure.
In 2017, we will continue our twin goals of economically valuable services
MANAGER OF MARKETING AND EVENTS
Alexis Gee and legislatively effective size. Probably you will agree that we now have
SR MANAGER OF SERVICE AND MARKETING a better way to describe these goals: help owners rent their property and
Sue McMahon build the foundation for advocacy.
BOOKKEEPING
Vipan Garg, Simran Kaur Our first goal is helping owners rent their property. This means offering
MESSAGE BOARDS, SERVICE DIRECTORY, services that we all will pay for and will benefit from. In broad strokes, there
AND DATA are three key areas we need to perfect. In the first quarter of this year we
Fatima Cangas, Nomer Caceres
PUBLIC POLICY VOLUNTEERS
will roll out a major update to our rental forms. Unlike some other forms
Sandra Katz, Ralph “Skip” Schloming, you may find online, these are MA-compliant and intended to be read and
Michelle Kasabula
understood by lay people, including our tenants. We also have high hopes for
REGISTRATION DESK STAFF
Naomi Elliott, Caitlin Taylor, a message board revamp and a new and improved service provider directory.
Kaitlin McMahon, Susan Bonica There are also some other services in various stages of development.
GRAPHIC DESIGN, ADVERTISER Our second goal is building the foundation for advocacy. In my mind, this
PROGRAM, AND CREATIVES
Ani Dmitrova means going from five monthly event locations (Springfield, Sturbridge, Worcester,
NEWSLETTER DESIGN Marlborough, Waltham) to nine (likely locations: Holyoke, Fitchburg, Cambridge,
Ailar Arak
and North Shore). In some cases we will roll our own, in others we will partner with
VIDEOGRAPHY
Paul Mong existing local groups. If successful, it is possible we will grow from 1,298 members as
TRANSCRIPTION of January 1 to 1,726 members by year end. This is not a forecast but a stretch goal.
Prospero Pulma In 2017 we’ll add a third goal: actually advocate for better policy. We must not
WEB DEVELOPMENT
forget the importance of a good foundation, but as we saw in late 2016, our opinion
Ian Hunter
LEGISLATIVE AFFAIRS COUNSEL
is already demanded by various media outlets. We were featured on a Freakonomics
Peter Vickery, Esq. podcast, a Channel 5 WCVB news story, and two WGBH Greater Boston panels.
LOCAL VOLUNTEER TEAMS We will use these platforms and others to make meaningful contributions to
CAMBRIDGE
public discussion when asked. We have hired a very part time Legislative Affairs
Suzanne Bloore, Alexandra Bartsch,
Skip Schloming, Linda Levine, and more Counsel and launched a Property Rights Supporter fund to get started.
CHARLES RIVER I am looking forward enormously to 2017. It will be another year of fast
Garreth Brannigan, Charles O’Neill,
Paul Harris, and more growth. The challenge for us will be continuing to develop our behind-the-scenes
METROWEST infrastructure (staff, technology, process) in a smooth, bootstrapped arc from where
Sherri Way, Laurel Young, we are to the first professionally staffed trade association for property owners in
Daniel Schiappa, and more
Massachusetts. Thank you for your support in this exciting and challenging work.
SPRINGFIELD
Cindy Nothe, Sheryl Chase,
Russell Sabadosa, and more
SOUTHERN WORCESTER COUNTY
David Foote, Hunter Foote, Ronald Bernard,
Sincerely,
Donat Charon, Mary Chabot, and more Doug Quattrochi • Executive Director
WORCESTER C: 617-285-7255
Richard Trifone, Richard Merlino,
Elaine Fisher, and more
With Immense Gratitude to Seven
Decades of Past Volunteers
MassLandlords Newsletter • 3
January 2017
HOW A FIRE DISASTER for any structure, and Massachusetts
adds requirements. The IBC in
Left One Thrifty Landlord combination with MA amendments
govern what your house has to look
Learning the Building like or do in certain respects.)
“Nothing was out of the realm
Code and Making His
of good ideas,” he said. David
added, “The sprinkler thing is really
Own House Plans
bad for existing buildings.”
SPRINKLERS ARE EXPENSIVE
“I was in a total tail spin.” The Footes drew up their own plan and had EVEN FOR NEW CONSTRUCTION
The Footes lost their owner- their local building inspector approve it. If doing rehab at a cost more than 50%
occupy four family and “That saved us $2,500 on the plans. It of the building’s value, or if changing
rebuilt all four units from the was money we didn’t need to spend, the building’s use, the building must
because I was a pretty good drawer,” be brought up to code. Code now
ground up within a year.
David said. requires residential sprinklers.
THE FIRE DISASTER The Footes rented a trailer on-site For new construction with access to
April 5, 2013 is the night David and and lived there during the spring and the studs, it cost the Footes $22,000
Dawna Foote became temporarily summer while they drafted their plans. for their residential sprinkler system
homeless. The cause of the fire remains (2013). This was not required under
unknown. At 6:15pm, according to EXPECT HEATING COSTS IF MGL, so they tried to avoid it, but
MassLive, they noticed their barn was BUILDING IN WINTER they were required by their building
on fire. Five communities responded, By the time the plans were finished, inspector to have sprinklers.
but the house could not be saved. it was well past the warm summer “This is literally keeping people from
The cause of the fire was believed to be months. Framing was a quick process. buying and rehabbing buildings. You’d
squirrels chewing on an electrical wire. High But one thing the Footes didn’t consider never get your money back,” David said.
winds spelled doom for the barn and home. was how interior sheetrock mudding In the Foote’s case, there were things
“I was in a total tail spin,” David requires warm interior temperatures. beyond the cost that didn’t make total
told MassLandlords. “We did have to cut some holes in sense to them. They were on a well, so
With strong support from the the subfloors,” David said. This was the code required them to have a 400
community, the Footes soon decided to help their portable gas heaters heat gallon water tank with a circulator
to rebuild. “In retrospect it was a cool the interior. “If we had done this any pump to pressurize the sprinklers.
year. We rebuilt our four-family from the other time of year we would not have.” “There’s one wire into the house. The
ground up.” Here is what David learned first thing they do with a fire is cut
that other owners can benefit from. BUILDING CODE the electric so the pump won’t work,”
MassLandlords asked David if the David said.
YOU DON’T NEED TO BUY HOUSE PLANS building code he had to follow seemed MassLandlords asked David, do you
In most towns, you would need an to be good policy. (The international wish you had a sprinkler system in
architect. Small towns work very differently. building codes are the starting point your old building?
The April 5, 2013 fire consumed the Foote's four-family owner occupy. Framing new construction is always surprisingly fast. The house
was framed quickly.
4 • MassLandlords Newsletter
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January 2017
David said, “It would have done its have everything” but the Footes found “I wouldn’t put this in an old
job. They don’t all go off. One goes enough to make their designs work. house,” David said. For electric heat
off only.” Residential sprinklers are to pay off, the house must be tight
designed to let occupants escape, which IT’S POSSIBLE TO GO FOSSIL-FUEL FREE and sealed of air leaks and drafts.
the Footes thankfully were able to do. For a large modern building, sometimes The Footes also went 100% LED
David added, “In Southbridge, there’s a the electrical service is not adequate. The and used only 3 CFL’s “for color.”
vacant building and a hair salon business Footes discovered this, and had new lines
in need of space. But she could never move run to the property to serve their five meters SURPRISING SOLAR DETAILS
in there, because with change of use, the (four apartments and a master). But more When we asked David if they had gone
whole building must be brought up to than just “modern” service, the Footes’ solar, he said, “We looked into it.” Their
code.” The building would be too expensive house plans were to have no natural gas or new roof pitch was 8/12 and David said,
to modernize, and so remains vacant. oil. They made their house 100% electric. “one of the sides is a massive roof.”
They heat and cool with heat pumps. But surprisingly, Solar City told the
YOU CAN ACT AS YOUR OWN Footes that they didn’t use enough
GENERAL CONTRACTOR DUCTLESS MINI-SPLITS (HEAT electricity! Under the Solar City leasing
To save money, the Footes decided to PUMPS) REALLY WORK agreement at the time (MassLandlords
act as their own general contractor. When the Footes were reimagining how they has not verified if this is still true)
This put a lot of responsibility on them wanted to heat their building, they asked only one meter was allowed per panel.
to plan and coordinate measurements, about ductless mini-splits (or heat pumps). In a four-unit with five meters, they
purchasing, and schedules. “‘You’re rolling dice’,” David would have to choose just one.
“We didn’t have a builder,” David said. remembers one person saying. “We could buy but the payback was
“But I’d do it again in a heartbeat. I look “Otherssaid, ‘Don’t do it’.” maybe 22 years. Panels don’t last
around the house now and I think, ‘I’m Heat pumps produce heat and air that long,” David said.
glad we did this, I’m glad we did that’.” conditioning by using electrical power
to circulate a working fluid between WANT MORE DETAIL?
AZEK PVC WOOD IS LOW-MAINTENANCE the interior and exterior. They can be David is now a wealth of knowledge
“A builder would have done stock extremely efficient. They can also be about building houses, and shared much
everything,” he said. David described underpowered in old, leaky homes. more with MassLandlords than we were
how they were able to select AZEK David’s plumber said, “You’ll be fine” able to fit into this article. Find him at
PVC wood for their trim and and encouraged them to adopt this new MassLandlords.net/SWCLA in Sturbridge
mouldings, even on the interior. technology with their new construction. on the first Monday of every month.
“If you scuff it with a boot it’ll clean The Footes put a lot of time into
off,” he said. finding the right brand and had them AND IN CASE YOU HAVE
AZEK PVC mouldings come white installed as their only heat source, along A FIRE YOURSELF
and you don’t need to paint much with plenty of insulation and caulking. Share the FEMA fire recover pamphlet
of anything. “It was -14 degrees last winter,” with your tenants. It gives some
“When you router it you do need to David said, “and we had no problem concrete “next steps” to help them
paint the routered edge. The porous edge keeping the house warm.” recover after a fire disaster, something
catches and shows more than the face.” “We saved a ton of money. For we never think will happen to us,
The Footes were able to find low-cost two floors our highest bill was $240, but in fact is all too common. ML
suppliers with trailers of it. “They didn’t heat and hot water,” he said.
Interior shot showing David, AZEK PVC mouldings, ductless The finished exterior showing ductless mini-split (heat pump), electrical meters,
mini-split (heat pump), subfloor, and partial finish. front entrance, and rough landscaping.
6 • MassLandlords Newsletter
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DON'T MISS
THIS GREAT TIME TO SELL.
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INVEST IN YOUR BUSINESS.
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rent escrow, late
fees and more.
HTTPS://MASSLANDLORDS.NET/PROPERTY
January 2017
DOUG QUATTROCHI:
The Voice for Landlords in Massachusetts Media
By: Alexis Gee, Manager of Marketing and Events
became legal in Massachusetts. A
day before the law went into effect,
WCVB reached out to Doug to get
the landlord perspective. Although
his piece was brief, his statement
summarized how most of our members
feel about smoking marijuana in
their properties: “Overall, it [the
new law] does give landlords the
absolute right to prevent smoking and
growing for recreational purposes in
Left: Doug on Greater Boston with Jim Braude. Right: Doug on WCVB talking about recreational marijuana.
their apartment, so that’s good.”
As the recreational marijuana
This past December the general idea is that it should be situation and ‘Just Cause Eviction’ play
brought more than cold difficult or impossible to evict tenants out, we plan on fairly representing
weather and sleigh bells, who refuse to pay a rent increase. our members and all Massachusetts
it brought legal marijuana Tenant advocacy groups have been landlords in the media. We’re so proud
and ‘Just Cause Eviction’. pushing for JCE for some time. Now to see that Doug is becoming the go-to
we are faced with the possibility of an for getting the landlord perspective
Executive Director Doug Quattrochi even worse eviction process and the on local issues. Being an experienced
always has a packed schedule, but it was domino effect it will ultimately have. landlord himself and running
especially full in December. Between A few days after the Mayor submitted MassLandlords day-in and day-out, has
running meetings in several locations, his proposal, Doug was asked to weigh perfectly prepared Doug to be the sharp
writing informational pieces for our in on Greater Boston with Jim Braude. and resounding voice of landlords who
newsletters and training a new employee, In his time on air, Doug addressed otherwise would not have been heard.
Doug also somehow found the time to that the central problem all parties are Follow these links to watch Doug’s
represent landlords in two TV interviews. trying to solve is the housing deficit. He TV interviews:
Early in December, Mayor Walsh filed said passing new laws that will make it Greater Boston – http://news.
a proposal for ‘Just Cause Eviction’; a more difficult to remove tenants from wgbh.org/2016/12/07/local-
catchy title for what is in fact a form a rental will not solve the problem. news/boston-housing-issues
of rent control. There are a multitude A week after Doug’s Greater Boston WCVB – https://www.youtube.com/
of variations around the country, but appearance, recreational marijuana watch?v=dCnlT0KDSew ML
Sneak Peek Check out
what's coming
WE’RE ADDING A NEW MEETING up this Spring!
SERIES IN CAMBRIDGE THIS SPRING!
First in series: Monday, March 20th from 5:30pm
to 8:30pm at 1 Broadway, Cambridge, MA 02142
Our speaker for the night will be Chief Justice Tim
Sullivan of the Massachusetts Housing Court.
Keep checking the events page for updated details!
8 • MassLandlords Newsletter
January 2017 MassLandlords Newsletter • 9
January 2017
QUESTIONS AND ANSWERS:
Add-on People and Unauthorized Vehicles
Adapted from our you stuck with a tenant-at-sufferance,
Message Boards, where no rental agreement, and perhaps
members can ask questions someone with a criminal disposition.
Screen everyone over the age of 18.
and get answers. Practicing
Adding income-earning adults to
landlords and service
a unit tends to make the household’s
providers answer questions, income-to-rent ratio higher and
and we combine the best the tenancy more stable, so it’s not
answers into one here. necessarily bad to have more people.
Note that dependent children
Q: WHEN YOU RENT TO ONE generally get a bye and must be
PERSON AND THEY FIND allowed.
A SIGNIFICANT OTHER TO
MOVE IN, IS IT NORMAL TO
INCREASE THEIR RENT? Q: MY TENANT HAS AN This may not be allowed if you know
One landlord replied immediately: UNREGISTERED CAR, NO the car belongs to a lawful tenant.
you need a new rental agreement to PLATE, NO INSURANCE ON If you know who the car belongs
sign both tenants so yes, you should THE PROPERTY. IT’S AN to, send them a letter giving a definite
use the opportunity to increase the OBSTRUCTION AND AN EYESORE. date and time by which the vehicle
rent. More residents cost more in THEY WERE ASKED TO MOVE must be relocated off the premises.
terms of water, wear and tear, etc. IT BUT CAN’T/WON’T. Make sure the letter says they will
Another landlord disagreed. “Would The best advice is to first consult your be charged for the tow. Have it hand
you have advertised the apartment rental agreement. Does it require that delivered by a constable or sheriff to
like a hotel room, $X for one person, vehicles be registered and in some prove it was delivered. Give the tenant
$X + 50 for two people? If it ever ended measure presentable (e.g., not on lots of time to make the move. Then
up in court, a judge might frown on cinder blocks)? You want the moral immediately after the date and time
you.” Either you would appear to be high ground. The tenant should have have elapsed, call the towing company.
unfairly ratcheting up the price (a known before they moved in that Then call the tenant, apologize, and
Chapter 93A violation), or perhaps dilapidated vehicles were not allowed. tell them this is the consequence.
discriminating against large families? The next best advice is to consult The best advice is to find a
It’s unclear how you would look. with an attorney and/or the local police negotiated way to get the car
All participants agreed that having department. Ask what the procedure removed, or to have the tenant pay
the newcomer pass a rental application is to remove an unregistered car. for the inconvenience or disruption
was most important. If they aren’t Sometimes it involves posting a “no it causes. This cost will depend
passed and signed as a tenant, your trespassing sign” and waiting some on the location and condition
actual tenant could move out, leaving period and/or notifying the tenant. of the vehicle. Good luck! ML
WORCESTER COUNTY MANAGEMENT
Mike O'Rourke and Tim Collins
Apartment Rentals, Property Management,
Plowing + Sanding + Removal,
SERVPRO® of General Maintenance, Plumbing, Electrical
NO JOB IS TOO SMALL
South Worcester APARTMENT RENTAL 24 HOUR SERVICE
508-757-7885 508-853-4658 774-272-0248
Michael O'Rourke, Owner - mrorourkem@gmail.com
Independently Owned and Operated
10 • MassLandlords NewsletterJanuary 2017
Ford’s Pest of the Month: Bed Bugs
Bed Bugs, just the name can make each other in two’s and three’s. The Beware of Pest Management
you itch, and believe us they make host does not feel the bite while it Companies who have never treated
you itch! Only 15 years ago, bed is occurring. When they feed, they for bed bugs. Their inexperience can
bugs were just an insect you may inject a secretion into the puncture prolong your infestation and make it
have heard of, but now bedbugs to prevent clotting of the blood. Their harder to eradicate your problem.
are becoming a real problem for saliva is what will cause your skin to
many homeowners. Even more itch and even become swollen. Bed Beware of furniture or mattresses
worrisome is the fact that bedbugs bugs are not known to transmit any placed out for “free” and carefully
are invading our hotels, planes, human blood-borne pathogens. inspect all antique store and garage
trains, dormitories, and apartment sale items before bringing them home.
buildings. Adult bed bugs are about Our goal is to safely eradicate the
3/16 inch long and reddish-brown bedbugs as quickly as possible and Geoffrey Ford, Vice President
with oval, flat bodies. They are provide you and your family with the Ford’s Hometown Services
sometimes mistaken for ticks. Signs pest free environment you deserve.
of infestation include itchy welt-type Are you beeing bugged? Contact us
bites usually found right next to at FORDSHOMETOWN.COM
IN CASE YOU MISSED IT
Eviction Reform: 'Just Cause
Eviction' Bad for Landlords,
Worse for Tenants
Landlord and MassLandlords Member Sherri Way’s
article shares the landlord perspective on ‘Just
Cause Eviction’ and sheds light on why it would
be a problem for landlords and tenants both.
There has been much talk over the past year about Eviction
Reform in Massachusetts. Most landlords laugh when they
hear this since Massachusetts is known as a very pro-tenant
state. If we want to help low-income or bad credit tenants
find housing, we must create an environment where they
are not considered an unsurmountable risk to landlords,
therefore ‘Just Cause Eviction’ cannot be the solution.
Image of Boston City Hall "Die In" Sep 22, 2016 likely due to Eli
Gerzon, Twitter, http://34.gs/ext_tw_eligerzondiein. Editorial use. Full article at MassLandlords.net/blog. ML
MassLandlords Newsletter • 11January 2017
12 • MassLandlords Newsletter
Member FDIC l Member DIFJanuary 2017
WHAT ONE TENANT ATTORNEY
SEES LANDLORDS DOING WRONG:
How to Succeed in Housing Court
Attorney Joel Feldman spoke at When asked specifically whether
MassLandlords.net/RHAGS in cleaning walls after smoking was normal,
Longmeadow December 8, 2016. he said, “If it’s really intense, no.” But
overall a judge needs to decide this in a
MassLandlords.net/RHAGS hosted real case. It’s hard to talk hypotheticals.
tenant attorney Joel Feldman of Heisler,
Feldman, and McCormick PC at our BUT IT’S A CONTRACT
December 8 event in Longmeadow. Attorney Feldman said it’s rare to WHEN DOES THE CONSUMER
What better way to succeed than to learn see a dispute over the contract. PROTECTION LAW COME INTO PLAY?
from the opposition? Longtime RHAGS A rental agreement is “a legitimate In Massachusetts, consumers are
member Attorney Stanley Komack made contract” and usually the meaning entitled to receive triple damages if a
the introduction and moderated Q&A. is not contested. The dispute is business practice is “unfair.” The law
usually over what really happened. doesn’t define it more precisely
TOP FIVE THINGS LANDLORDS Remember that what Judges call than that.
DO WRONG a 30-day notice is really a “rental Attorney Feldman gave some
Attorney Feldman started with a list of period notice.” That’s a better concrete examples of where he has
common issues he sees when tenants bring name to use so you remember how seen that applied: bad conditions,
a case to his desk. The top five issues are: much notice is really required. unfair debt collection, preprinted
gross neglect of maintenance, with no proof leases from other states, and especially
the apartment was good at the beginning EMOTIONAL DISTRESS DEFINED leases that include illegal late fees.
of the tenancy; severe infestations, so bad Emotional distress isn’t the hand-
the rodents are biting the tenants; breach wavy smoke-and-mirrors that many LANDLORD RETALIATION
of “quiet enjoyment;” attempting your landlords fear. It’s a legal term of art that Attorney Feldman finds that
own eviction; and security deposits. refers to specific issues. For instance, retaliation comes up a lot. There are
if you can’t sleep or can’t eat, that certain things a tenant can do that
SECURITY DEPOSITS FERTILE would constitute emotional distress. are considered “protected activities.”
GROUND FOR LAWSUITS Attorney Feldman gave an example Any adverse action a landlord takes
An early question from the audience from close to home. He had a case in the following six months are
prompted a deeper discussion of security of attic vermin, with “rats chasing presumed retaliatory. The landlord
deposits. Attorney Feldman described how flying squirrels. It got really intense must overcome that presumption
best to create a statement of conditions. at 1am. That’s emotional distress.” with substantial evidence.
“Escort the tenant around the apartment The most typical way to get a
and show them what is wrong with it,” QUIET ENJOYMENT DEFINED retaliation claim is to take action
paraphrasing. In other words, “Fill it out Attorney Feldman was similarly helpful against the tenant after they have
together.” A list of defects is better than no at defining quiet enjoyment, another called the board of health.
list at all. It shows that you did examine term of art that doesn’t mean “noisy.”
the apartment and the only things wrong Breach of quiet enjoyment is failing to SECURITY DEPOSITS
with it at that time were the items listed. furnish services required by lease or law, ARE COMPLICATED
One audience member asked how long interfere with other services provided Attorney Feldman made no attempt
a conditions statement lasts. “It lasts until by third parties, or messing up utilities. to explain the security deposit law.
something happens,” Attorney Feldman Transferring utilities without “It’s complicated,” he said. “Make sure
said. In other words, if there are repairs consent, cross metering, or paying for you understand the law before you
made, or if parts of the apartment wear common areas could all be violations take a deposit.” Security deposits are
down, the conditions during court may and a tenant can’t agree to this. considered to be the tenant’s money.
not match the conditions at move-in. In Is quiet enjoyment a liability to the Similarly, taking last month’s rent
the absence of intermediate pictures or landlord if two tenants are fighting? requires paying interest.
statements, the court will have to guess Attorney Feldman said, “The landlord does Attorney Feldman said that the
how long the conditions have been sub-par. have to do something.” Cease and desist draconian security deposit law in
How much is normal wear and letters can help you prove you took action, Massachusetts resulted from a study
tear? Attorney Feldman says if avoid collateral lawsuits. Emergency orders showing rampant stealing of deposits
something breaks, that’s not normal. can get a hearing in a matter of days. from tenants for no good reason.
MassLandlords Newsletter • 13January 2017
DISCRIMINATION allegations. He said, “We reject a lot the potential for landlords to pay
Attorney Feldman said discrimination more cases than we end up taking.” triple damages. Can these go toward
is deciding not to work with a tenant Attorney Feldman advised education. the attorney’s fees? “It depends
because of their being in a “protected “It’s not a simple thing owning piece of on the attorney’s agreement with
category.” Federal law defines protected property and renting to a tenant,” he said. his client,” said Feldman.
categories (like race) and state law adds “Do the things you’re supposed to do and He elaborated: “We don’t take
more categories that are not so obvious. you won’t ever see me again,” he joked. technical violations where we can
Do you have to take Section 8? When asked about mobile home do ‘gotcha’ on the landlord.” His
Attorney Feldman said, “Not true.” But parks, he pointed out that those firm looks for violations of the spirit
can a landlord say, “I don’t like part of the are not just regulated the way of the law. “And we don’t do owner
program, so I’m not taking Section 8.” residences are but also are further occupied two’s or three’s. We want to
Attorney Feldman made his answer short regulated by the Attorney General. have as big an impact as we can.” So
and clear: “Not allowed.” A landlord must they’re looking for large settlements.
choose on the basis of economic metrics. ON THE MATTER OF ATTORNEY’S FEES In this sense, landlords and Attorney
If your rent is higher than what Section Attorney Feldman was asked how he Feldman share common ground: both
8 allows, that is not discrimination. gets paid from cases. He described of us screen our tenants carefully.
how, if he wins, the landlord would be Remember that if utilities are found
WHAT CONSTITUTES EVIDENCE liable to the tenant for the damages to be unlawful (e.g., paying for a
Judges know the law. The question is and his fees as an attorney. common area, paying without a rental
not what the law says but can you, the He often advises his opposition, agreement) damages can be for the
landlord, prove your case? Judges look for “Let’s settle before my fees become entire utility bill, not just the unfair
photos of conditions, reports from the code a big issue on this case.” portion. Common area utilities can never
department, or third-party eye witnesses. Attorney Feldman described how he be paid by tenant unless the light is
Attorney Feldman was honest about the once got $40,000 for an eviction case outside the door on their way to egress,
fact that many tenants have trumped-up against a bank. The realtor said, “Bank, and it’s in a written rental agreement.
you really need What happens if there’s no heat for
a new furnace five days, should we pay for a hotel
for this building. to be safe? Attorney Feldman said,
It’s really bad.” “That’s tricky. See if you can work
The bank didn’t it out with tenants. Offer a space
replace it for heater.” When both parties agree
18 months. The there’s no need to call the lawyers in.
bank lost that Attorney Feldman said he loved the
case badly. chance to talk to landlords, he had just
In security never been invited before. After this
deposit violations wealth of information, we will certainly
and consumer invite him back! If you see him in court,
protection thank him, and like Attorney Komack
cases, there’s advised, “Settle!” Good luck! ML
14 • MassLandlords NewsletterJanuary 2017 MassLandlords Newsletter • 15
January 2017
THE MASSACHUSETTS FREE, PROFESSIONAL
MINIMUM WAGE Real Estate Marketing
is now $11/hr, and Photos Online
Remember Sick Time MassLandlords now provides professional
Updates on minimum wage increase, stock and marketing photos for free!
workplace posters, and sick time. When MassLandlords was launched in 2014 out of Worcester,
there were very few pictures of this city available online. Thus,
Landlords take note: employees at minimum wage must now our first marketing project was to photograph iconic, interesting
be paid $11/hr. This is an increase over the $10/hr minimum and beautiful areas of Worcester. We wanted these images not
wage last year. Read the Attorney General’s press release. only for our own use, but also for the use of any residents,
Employers are required to display a poster in a landlords, or local businesses that wanted or needed to use them
conspicuous place that lists fair wage and labor for personal or commercial purposes. As it turns out, many of
practices. Think of it as compulsory civil awareness: these images are suitable for use outside Worcester, especially
Every employer shall post, in a place conspicuous to by real estate offices. All are welcome to use the images.
employees, a workplace notice issued by the Commonwealth MassLandlords partnered with Paul Nguyen Photography to
containing the basic minimum wage rates and such other produce this set of 44 high resolution images. Paul Nguyen
provisions of M.G.L. c. 151 and 454 CMR 27.00 as the law or is a remarkable nature photographer whose work we had
the Director may require. The workplace notice shall be posted admired at Worcester’s annual ‘stART on the Street’ art
in English, and in any other language that is spoken by 5% or fair. He was just the person we wanted to showcase
more of the employer’s workforce and for which a translated New England’s second biggest city.
notice in that language is available from the Commonwealth. The images provided on MassLandlords.net are distributed
Remember also that all employers are required to grant under Creative Commons license CC-BY-SA-4.0. This means you
unpaid sick time at the rate of one hour per thirty hours can do whatever you want with them, but you must acknowledge
worked. All employers with eleven or more employees are MassLandlords and Paul Nguyen, and if you distribute
required to grant paid sick time. Up to 40 hours per year must them, you must distribute them under the same license.
be allowed in either case. See MGL Ch 149 Section 148C. ML Acknowledgement is appreciated in a caption near the image.
These images are provided in web and print resolution.
Artwork prints can be ordered from the photographer,
links under each image. See the images online linked
under “Marketing” from our resources page. ML
Santander Building in Worcester. Stock Photos are licensed under a Creative
Commons Attribution-ShareAlike 4.0 International License and can be used
for any purpose by putting "MassLandlords Paul Nguyen" in the caption.
16 • MassLandlords NewsletterOwn Rental Property? We can save you money with our
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ww.bargain–outlets.comJanuary 2017
ATTORNEY GENERAL
PURSUES
Local Exterminator, Bayer
for Deceptive Marketing,
Environmental Impact of Pesticides
By: Alexis Gee, Manager of Marketing and Events
Mass AG seeks to Protect served on Bayer’s supervisory board
Residents, Pollinator Bees, after completing his prison sentence,
Environment from Harm starting in 1956 (Wikipedia).
In 1984, according to Wikipedia Neonicotinoid containing pesticides have been
In December, Attorney General Maura citing the New York Times, Bayer was proven to be toxic to bees and other pollenators.
Healey announced that North Attleboro- responsible for “one of the worst drug-
based pesticide company Mosquito related medical disasters in history”
Shield LLC and its franchisees agreed to when it continued to sell HIV-infected found that the application of foliar [leaf-
pay fines to the state and change their hemophilia medication to third-world based] applied insecticides had little or
advertising. This settlement resolved countries after sale of unsterilized no negative consequences for population
allegations that Mosquito Shield LLC medication was banned in the US. persistence of wild bees.” Neonicotinoids
down-played the risk of their pesticides In 2013, the European Union banned are applied to plant seeds, not leaves,
on the environment and resident health. the use of Bayer’s neonicotinoid pesticide. and become incorporated into pollen.
AG Healey’s settlement with Mosquito Bayer continues to sell this in the US. Bayer is once again in a tough
Shield came two months after an The latest research, published ethical position, as science and
unprecedented settlement with Bayer by Woodcock, Bullock, Roy et. al. macroeconomics increasingly point
CropScience, one of the largest global (Nature Communications, 2016), to a conflict with shareholder value.
manufacturers of pesticides. Bayer strongly supports the connection
agreed to change their advertising for between Bayer products and bee decline: BE CAREFUL WITH ANY PESTICIDE
neonicotinoid containing pesticides. This Some pesticides are as lethal to
settlement resolved allegations that Bayer • “Wild bee species that forage on oilseed humans as they are to pests. According
downplayed the hazards its pesticides rape [a plant grown from seeds treated to the Washington Post, four died on
pose to bees and the environment. in neonicotinoids] were three times January 2 after improper application
Healy said Bayer described their as negatively affected by exposure to and attempted clean-up of a pesticide
pesticides as, “ ‘a daily vitamin’ to neonicotinoids than non-foragers. in Texas.
plants, when in fact they are highly This supports the hypothesis that the MassLandlords advises that landlords
toxic to honey bees and other application of this pesticide to oilseed do thorough research before having
pollinators in the environment.” rape is a principle mechanism of an exterminator apply any pesticides
exposure for wild bee communities.” or chemicals to your rental properties.
BAYER HAS NOT ALWAYS BEEN A • “Our results suggest that sub- A license is generally required to
ROLE MODEL OF CHEMICAL ETHICS lethal [behavioral] effects of apply any pesticide or poison.
Although most well-known for life- neonicotinoids could scale up to Advertising claims should always
saving aspirin, Bayer has a history of cause losses of bee biodiversity. be independently confirmed. ML
toxic chemicals and unethical practices. Restrictions on neonicotinoid use
In the 1920’s, “Bayer developed a may reduce population declines.” SOURCES:
series of new poison gas weapons” • “Our results provide the first Wollheim-Memorial:
(Wollheim-Memorial) which were used evidence that sub-lethal impacts of http://www.wollheim-memorial.de/
in battle during WWI, WWII and in Nazi neonicotinoid exposure can be linked en/chemieindustrie_im_
concentration camps. “The International to large-scale population extinctions ersten_weltkrieg_en
War Crimes Tribunal pronounced the of wild bee species.” The study was Corporate Watch:
[company’s predecessor, IG Farben] conducted over 18 years and all of https://corporatewatch.org/company-
guilty for its share of responsibility England, so, is statistically relevant. profiles/bayer-ag-corporate-crimes
in the war and the crimes of the Nazi Cosgrove-Mather of CBS News:
dictatorship” (Corporate Watch). Helpfully, the scientists suggest a http://www.cbsnews.com/news/
A Nuremberg-convicted board member pesticide alternative: “Interestingly, we bayer-sold-hiv-risky-meds/
18 • MassLandlords NewsletterJanuary 2017 Do you Screen
January 2017
TALK WITH YOUR TENANTS
about Weed
Questions and answers First, cheap vaporizers have
from landlords wondering been rumored to have their lithium
about legal marijuana. batteries explode, causing fires when
held up to the face or in
As of December 15 it is pockets. According to FEMA,
now legal to consume there were only 25 such
marijuana in any form for explosions in a user base of
fun or leisure. There are 2.5 million from 2009 to 2014,
many restrictions, including a suggesting an incident rate of
complete prohibition on public 1 in 500,000 person-years.
consumption. You can’t smoke Second, vape juice has been
or consume in public. studied for toxins, especially
The public use formaldehyde. According
restriction will leave to Wikipedia, citing the
many tenants with no American Journal of
place to consume except Medicine, formaldehyde is
in your rentals. What will not detectable in commonly
happen inside your apartments used vaporizer voltages. The
depends first on your relationship formaldehyde concern comes from
with your tenants, and second uncharacteristically high voltages.
on your rental agreement. The remaining uncertainty over
If you already have no-smoking vaporizer safety comes primarily from
policies, we recommend you lack of long-term data rather than any
remind your tenants with language specific concern. Evidence cited by
similar to the following: Wikipedia generally supports vaping
If you use the MassLandlords being much, much safer than smoking.
Good morning! In MA it’s now legal “No Smoking Addendum,”
to consume marijuana in any form. smoking and vaping are both Q: WILL MASSLANDLORDS BE
Remember that for the enjoyment prohibited. Although vaping is not UPDATING ITS RENTAL FORMS?
and safety of all residents, your explicitly referenced, the wording Yes. First, unrelated to marijuana,
entire property is still no-smoking. is broad enough to cover it for we are nearing completion with the
Let me know if you have any both nicotine and marijuana. integration of best practices from
questions about the law or your the Rental Housing Association of
rental agreement. Have a great day! Q: WHAT DOES THE Greater Springfield. An update is
MASSLANDLORDS RENTAL expected in January. This is part of
That message fits into two SMS texts. AGREEMENT SAY ABOUT GROWING? our regular review of the forms.
If you use the MassLandlords Second, we hope to address growing
Q: WHAT RIGHTS DO “Tenancy at Will” or “Fixed Term Lease,” and cannabis use explicitly. It is unclear
LANDLORDS HAVE? section 8 “Legal Use Only” prohibits whether the legislature will be passing
Under the law, landlords still retain growing, in the sense that growing modifications to the Question 4 ballot
absolute right to prohibit smoking, marijuana is illegal under federal law. initiative. If they start to discuss this
vaping, and growing if it’s in the Note that selling without a license early next year, we may wait until
rental agreement. is illegal under MA law. Giving it away we see the result of their work.
in small quantities, however, is legal.
Q: WHAT DOES THE Large grow operations pose a Q: WHERE CAN I READ THE LAW?
MASSLANDLORDS RENTAL health risk (video, «Spotting Marijuana Read the Question 4 law at Mass.gov.
AGREEMENT SAY ABOUT on your Property»). Wehope this has been helpful!
SMOKING OR VAPING? Remember that this law affects
If you use the MassLandlords Q: IS VAPING DANGEROUS? recreational consumption. Medical
“Addendum,” “smoking is prohibited” Here are two concerns that use is subject to a different set of laws.
without further details given. have been raised: When in doubt, contact an attorney. ML
20 • MassLandlords NewsletterJanuary 2017
REGIONAL
CHARLES RIVER STURBRIDGE
Waltham: Decades of Expreience Best Practices: Approving and
WEDNESDAY, FEBRUARY 1ST FROM 6:30PM TO
Denying Prospective Tenants
9:00PM AT THE WATHAM PUBLIC LIBRARY Our “Best Practices”
February’s meeting will focus on an interview of a very series continues as
experienced and knowledgable landlord. Executive Director we work through
Doug Quattrochi will conduct the interview and focus on the process of
topics like: tenant screening, lease agreements, tenant relations selecting, approving
and aquiring properties. We will leave time for a Q&A so and denying tenant
feel free to come prepared with questions. Speaker TBA. applicants. Knowing
how to properly
screen tenants is
METROWEST key to running
Marlborough: Reglazing Bathtubs a successful, efficient and sustainable operation,
so this is not one to be missed!
and Evaluating Property Value “Ron Bernard is an accomplished teacher and has an
Trying to decide whether to pitch that scratched up tub? easy-going, welcoming manner. This is a great opportunity
You’re in luck! Keith Tetreault, owner of Ultimate Reglaze to share best practices in a small group setting.”
and highly recommended by MassLanldords members, - Doug Quattrochi
will be teaching us about reglazing worn out bath tubs.
He’ll be focusing on the process, average cost range, MONDAY, JANUARY 9TH
benefits, and options available when reglazing a tub.
MEETING AGENDA
Also on the agenda is a 7:00p Meeting
presentation on how to 7:45p Pizza break
best evaluate the value 8:00p Meeting wrap-up
of property. Speaker 8:30p Networking
TBD. This is a must see,
LOCATION Sturbridge branch of Southbridge Savings Bank
especially for those who
200 Charlton Rd
are buying or selling!
Sturbridge, MA 01566
We’ll be dining together
FOOD Pizza and Beverages.
again this month on a spread of sandwiches, salad and treats.
PRICING Members and non-members are welcome.
TUESDAY, FEBRUARY 7TH Members are admitted for free.
MEETING AGENDA Non-members are free the first time,
6:30p Registration, socializing and dinner then pay $50/yr.
7:00p Association and MassLandlords Membership options. Please note: this event is run
Business Updates by volunteers at a partner association. Tickets are
7:10p Keith Tetreault: Reglazing Bathtubs not required. Members can just show up.
7:45p Evaluating Property Value
LOCATION AHEPA
80 Northboro Rd
Best Practices for the
Marlborough, Ma. 01752 Massachusetts Landlord
FOOD Panera sandwiches, salads. Beverages. Cookies. We’ll be continuing
the series “Best
PRICING Members and non-members are welcome.
Practices” as we work
MassLandlords.net/MWPOA Members pay $50
to create a common
annual MWPOA dues and each meeting is free.
rental application.
MassLandlords.net Members and Non-members $5.
Mind the date! We are
Members should log in for member pricing.
usually the first Monday
Membership options. Please note: this event is
of the month, but we
run by volunteers at a partner association.
will be the second Monday due to the New Year’s Day holiday.
MassLandlords Newsletter • 21January 2017
REGIONAL
Ron Bernard is an accomplished teacher and has an easy- • Recommended Credit checking agencies are Transunion.
going, welcoming manner. This is a great opportunity com Or Transunion Smartmove or Myrental.net
to share best practices in a small group setting. An article can be found on masslandlords.com.
- Doug Quattrochi • Icori can be used to get 50 state
MONDAY, JANUARY 9TH criminal background checks.
ECONOMY MEETING AGENDA • Personal references - name, relationship, address &
7:00p Meeting phone number - at least 2 - not relatives. Prior landlords,
7:45p Pizza break employer, neighbor are preferred. (don’t use anyone
8:00p Meeting wrap-up that has already been listed elsewhere on application)
8:30p Networking Ask the references if they would rent to him.
• Emergency contact information
LOCATION Sturbridge branch of Southbridge Savings Bank
200 Charlton Rd • Bank name, branch address, account number
Sturbridge, MA 01566 (optional on account number)
FOOD Pizza and sodas. • At pre-screening, ask how good the applicant thinks
their credit is.
PRICING Members and non-members are welcome.
• Have you ever had to surrender your security deposit?
Members free.
Please explain.
Non-members free the first time, then pay $50/yr.
• Did your landlord claim that you damaged the apartment?
Membership options. Please note: this event is run Please explain.
by volunteers at a partner association. Tickets are
• Were you ever arrested for a criminal or housing court
not required. Members can just show up.
complaint? Please explain.
• List all who will live with you. Everyone 18 or older must
November, 2016 Minutes fill out his/her own application and pass credit/background
check.
• Doug Q. told us that there will be more content soon on the
masslandlords website such as services landlords pay for. • Describe pets that will live with you. Did you know
that comfort animals are not covered by ADA
• Waltham joined our association.
(Americans with Disabilities Act)? If presented with
• Our landlord group spent $340K at Home Depot and a psychiatric note, call the person who wrote the
saved more than $10k on paint. To take advantage, sign note to see if he would testify for the client’s need in
up on www.masslandlords.com/home-depot and register court. A Service Animal must be certified and the form
your credit card. Forgot your password? Hit link. must state what function the animal performs.
• News in Boston: Insurance against homelessness After the discussion, we broke for pizza and soda,
$10k insurance for unpaid rent, losses, etc if provided by Dan O’Connor – thanks – it was delicious.
you take someone out of homelessness
Mary Chabot Clerk
• Skip & Lenore Schloming resigned from SPOA.
They were very instrumental against rent control
and worked hard for mandatory rent escrow. Representatives in Government
• Have apartments for rent? Call Veterans Inc. They always
have veterans ready to rent with some financial assistance.
for SWCLA
Call David at 508-769-9578 davidodoherty@veteransinc.com UNITED STATES SENATE:
Part I Session 3 Good Practices Rental Application. Online, refer to: www.usa.gov
Select: Government Agencies and Elected Officials
Questions to Ask on Application and Information to Receive: Select: Contact Elected Officials
• Sources of income & take home pay: List all
sources of income & length of time employed. Edward J. Markey (D) Elizabeth Warren (D)
255 Dirksen Senate Office Building 317 Hart Senate Office Building
• Require 3 months’ pay stubs. Washington, DC 20510 Washington, DC 20510
• Current monthly bills - electric, heat, cable, phone, car Ph: 202-224-2742 Ph: 202-224-4543
payments, alimony, child support payments, loans (owed Fax: N/A Fax: N/A
www.markey.senate.gov/contact www.warren.senate.gov/?p=email_senator
to - description, balance owed & monthly payments)
22 • MassLandlords NewsletterJanuary 2017
REGIONAL
UNITED STATES HOUSE OF REPRESENTATIVES: Kate D. Campanale (R), 17th Worcester District Room 542
Online, refer to: www.house.gov/representatives Email: kate.campanale@mahouse.gov
Ph: 617-722-2488 Fax: N/A
Richard E. Neal (D) James P. McGovern (D)
341 Cannon House Office Building 438 Cannon House Office Building Peter J. Durant (R), 6th Worcester District Room 33
Washington, DC 20515 Washington, DC 20515 Email: peter.durant@mahouse.gov
Ph: 202-225-5601 Ph: 202-225-6101 Ph: 617-722-2060 Fax: N/A
Fax: 202-225-8112 Fax: 202-225-5759 Paul K. Frost (R), 7th Worcester District Room 542
See Online Page for email facility. See Online Page for email facility. Email: paul.frost@mahouse.gov
78 Center Street 94 Pleasant Street Ph: 617-722-2489 Fax: N/A
Pittsfield, MA 01201 Northampton, MA 01060 Kevin J. Kuros (R), 8th Worcester District Room 443
Ph: 413-442-0946 Ph: 413-341-8700 Email: kevin.kuros@mahouse.gov
Fax: 413-443-2792 Fax: 413-584-1216 Ph: 617-722-2460 Fax: 617-722-2353
300 State Street 24 Church Street Joseph D. McKenna (R), 18th Worcester District Room 33
Suite 200 Room 29 Email: joseph.mckenna@mahouse.gov
Springfield, MA 01105 Leominster, MA 01453 Ph: 617-722-2060 Fax: N/A
Ph: 413-785-0325 Ph: 978-466-3552
Fax: 413-747-0604 Fax: 978-466-3973 David K. Muradian (R), 9th Worcester District Room 156
Email: david.muradian@mahouse.gov
12 East Worcester Street Ph: 617-722-2240 Fax: N/A
Suite 1
Worcester, MA 01604 Todd M. Smola (R), 1st Hampden District Room 124
Ph: 508-831-7356 Email: todd.smola@mahouse.gov
Fax: 508-754-0982 Ph: 617-722-2100 Fax: N/A
MASSACHUSETTS STATE SENATE GOVERNOR’S COUNCIL
All State House mailing addresses: 24 Beacon Jennie L. Caissie, District 7
Street, Room #, Boston, MA 02133 Email: jcaissie@caplettelaw.com
Online, refer to www.mass.gov Governor’s Council Phone: 617-725-4015 Ext. 7
Business Phone: 508-765-0885
Ryan C. Fattman (R), Worcester & Norfolk District Room 213A Fax: 508-765-0888
Email: ryan.fattman@masenate.gov
Ph: 617-722-1420 Fax: 617-722-1944 53 Fort Hill Road, Oxford, MA 01540
Anne M. Gobi (D), Worcester, Hampden,
Hampshire, & Middlesex District Room 513 SPRINGFIELD
Email: anne.gobe@masenate.gov
Ph: 617-722-1540 Fax: 617-722-1078 Insurance and Eviction
DISTRICT OFFICE: Risk is always an issue as a landlord, but
Tatman House
the right insurance plan can help you to
20 Common Street
Barre, MA 01005 manage your risks. Mat Geffin from Webber
& Grinell Insurance, will be educating us
Michael O. Moore (D), Second Worcester District Room 109-B
on insurance issues, such as: slips, trips,
Email: Michael.moore@masenate.gov
Ph: 617-722-1485 Fax: 617-722-1066 falls, dog breeds, and replacement costs.
DISTRICT OFFICE: Executive Director Doug Quattrochi, will
36 North Quinsigamond Avenue also be giving an overview of the eviction
Shrewsbury, MA 01545
process. This will be Part 1 of 2, to be
Ph: 508-757-0323 ext. 13
continued at the February meeting with
MASSACHUSETTS HOUSE OF REPRESENTATIVES a presention on serving
All State House mailing addresses: 24 Beacon notices given by the sheriff.
Street, Room #, Boston, MA 02133
Online, refer to www.mass.gov “People won’t want to
miss Mat’s top 3 things
Brian M. Ashe (D), 2nd Hampden District Room 466
Email: brian.ashe@mahouse.gov
that could affect your
Ph: 617-722-2017 Fax: 617-722-2813 insurance premium.”
- Marc Murphy
Donald R. Berthiaume, Jr. (R), 5th Worcester District Room: 540
Email: donald.berthiaume@mahouse.gov
Ph: 617-722-2090 Fax: N/A
MassLandlords Newsletter • 23January 2017
REGIONAL
THURSDAY, JANUARY 12TH other tenants on the second floor. But good intentions are
no protection in today’s day and age. “I’ve been a landlord
LUXURY MEETING AGENDA
for 60 years,” Fedor said. “I’ve never had someone do this to
5:30p Socializing and networking
me.” Read the full story at the Daily Hampshire Gazette.
Cash bar
6:00p Buffet dinner
6:45p State-wide Business Update
and Member Minutes
The Legal Corner
7:00p Local Updates Record Title and Law Offices, Stanley D.
7:05p Legal Update Komack, 117 Park Avenue, Suite 300, West
7:10p Eviction Overview with Doug Quattrochi Springfield, MA 01089. (413) 785-1851
7:25p Insurance Issues with Mat Geffin On December 9, 2016 Dina E. Fein, First Justice of the Western
8:30p Networking Division Housing Court entered her Rulings and Orders on
9:00p Doors close Defendants’ Motion for Partial Summary Judgment in Rental
LOCATION NEW Collegian Court Property Management Services, Plaintiff vs. Loretta Hatcher
89 Park St (Docket #16SP1077) and Rental Property Management Services,
Chicopee, MA 01013 Plaintiff vs. Shavonna M. Williams (Docket #16SP1332).
Our new venue is the lovely Collegian Court In these matters Fred Basile, doing business as Rental
restaurant in Chicopee. Their banquet area Property Management Services, initiated summary process
features a buffet and full bar. The parking lot cases against the Defendants (served notices and served and
at the restaurant appears to hold 30ish so to entered Summary Process action by signing the complaint)
accommodate us there is on street parking with respect to properties he helped the landlord or managed
and there is a large lot at Chicopee savings, but does not own, and as to tenancies he is not identified
its only a 200 yard walk to front door. as the lessor or landlord. The Defendants (Tenants) argue
FOOD Buffet dinner, drinks and dessert. Cash bar. that this conduct per se constitutes an unfair and deceptive
NEW
trade practice in violation of G.L. c.93A, and interference
PRICING Attendees who prepay by a week with quiet enjoyment in violation of G.L. c. 186, §14.
or more save money by helping us
order the right amount of food. In LAS Collection Management vs. Pagan, 447 Mass.847
Week in advance: (2006) the Supreme Judicial Court held that a property
Non-members: $35 manager who signed a complaint for injunctive relief as
Members: $30 (log in before you register the agent for the owner, “managed the prosecution of the
or you will see the non-member price) complaint [,] and cross-examined witnesses,” id. at 850, was
Week before or at the door: engaged in the authorized practice of law. Therefore, the lower
Non-members: $37 court should have ruled and allowed a motion to dismiss.
Members: $32 After Defendants’ counsel Hugh D. Heisler, Esq. and Joel
Membership options. Please note: this event is Feldman, Esq. filed answers and counterclaims, Fred Basile
run by MassLandlords staff and volunteers. retained my office (Stanley D. Komack, Esq.) and I was
assisted by Peter Vickery, Esq. and Jason R. Ferenc, Esq.
The Defendants’ counsel then brought motions for partial
Landlord Tested, Looks Guilty of summary judgment and since both raised the same issues
Discrimination a hearing was held by the Court on November 14, 2016.
According to the Daily Hampshire Gazette, landlord Edward The issues presented to Judge Fein were the following:
Fedor has been charged with housing discrimination. He is 1. Had Fred Basile violated G.L. c.93A by engaging
facing a $16,000 penalty if district court or an administrative in unfair and deceptive practices through
law judge agrees. The story describes in detail the “testing” his unauthorized practice of law?
used to build a civil case against Fedor. One government-
funded tester called Fedor about a third-floor apartment 2. Had Fred Basile violated G.L. c.186 §14 through his
pretending to have a child. Another tester called and said unauthorized practice of law in the Housing Court?
they had no children. Fedor did not treat the two applicants 3. Would the public interest be served by
equally. Fedor has stated he was looking out for the best enjoining Mr. Basile from engaging in the
interest of the prospective tenants, and reading between unauthorized practice of law in the future?
the lines, probably trying to ensure the quiet enjoyment of
24 • MassLandlords NewsletterYou can also read
