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Memo: General Rental Bylaw <br /> To: Brian Baumgaertel, Chairman-Board of Health <br /> Glen B.Harrington,Health Agent <br /> From: Andrew Gottlieb, Chairman-Board of Selectmen <br /> Date: 8/20/19 <br /> At the August 19th Selectmen's meeting the Board voted to postpone discussion of the General <br /> Rental Bylaw until this Thursday,August 22nd,with hopes that some alternative language could <br /> be written. <br /> Overall,the rental bylaw is good andwill work well with companion code enforcement officer <br /> funding. There are 5 minor changes that I believe would make the bylaw more likely to pass at <br /> town meeting and protect the integrity of our efforts to stabilize neighborhoods.During a <br /> housing crisis,we must be cautious of applying standards which could dissuade homeowners <br /> from renting and avoid the perception of treating renters differently than homeowners. <br /> 1 Definition of"occu ant" in Section B.4 and its subsequent application in F <br /> The unintended consequence of such a broad definition and corresponding register has broad <br /> privacy,liability, and enforcement implications. As written,renters would be required to report <br /> everyone who spends the night to their landlord, and the landlord would be required to <br /> determine and report on such happenings.This situation not only violates the privacy of the <br /> tenant,but creates a potentially adversarial relationship with the landlord which would be <br /> nearly impossible to enforce. Less broad language, such as "lessee"would ensure that there is <br /> an accountable party should enforcement of code violation become necessary. <br /> Comment. The intent-here was based upon the motel requirement of keeping a register that aids <br /> the BOH in enforcing violations against the occupant(s). Easing this definition would put the <br /> responsibility back on the owner which is fine but they should be mane aware of that. Counsel <br /> has a definition but I believe it does not change the fact that the register would still apply to <br /> all the occupants. A change would be necessary to the word "occupant"to "lessee"or"renter" <br /> or responsible person that agrees by contract, lease to rent the property. An appropriate <br /> definition'Would be added for the worm chosen to replace "occupant"in that section. <br /> 2 One-hour res onse time in C.41V and D.1 <br /> while a laudable goal,we must weigh not only the practicality of such a short window of time, <br /> but the arguments that could be made a town meeting against it. One can easily envision a <br /> landlord saying"if my wife and I are in my daughter's recital for an hour and a half and we <br /> miss a call from the town we risk losing our rental certificate".A period of 12 hours is more <br /> realistic. The goal is a responsive owner. <br /> Comment. The board thought of the renter in this case where there was no hot water or no <br /> power. The tern "response"could mean a phone call to merely acknowledge the crisis or <br /> violation.. The Sanitary Code states that violations are to be corrected under the following set <br />