The rental property situation in Amherst is well-documented and well-understood Demand Supply

Is a rental property bylaw really necessary? Rental Properties Zoning New Housing AffordabilityEnforcement UMass Regulation

The need for rental regulation has developed over many decades and is reaching a “tipping point” 5,175 rental units today (and growing!) Rental housing production decreased 13% ( ) 3000 new residents ( ) 56% of residents are renters (and growing!) 59% of residents are students Population growth 176%; housing growth 125% ( ) Households only grew 1% ( ) years olds dropped 43%

The proposed bylaw is NOT intended to address most behavioral issues Disturbing the peace Drunk and disorderly conduct Open container Underage drinking Keg permits Nuisance house

Health and safety issues in rental properties are NOT limited Exposed wiring No smoke detectors No carbon monoxide detectors No/blocked emergency exits No hot water No heat Exposed asbestos Excessive occupancy Structural issues

The proposed by-law is NOT exclusively focused on students or behavioral issues To protect the health, safety, and welfare of tenants and other citizens of the Town of Amherst by monitoring and enhancing compliance with basic life safety and sanitary codes through the registration and permitting of residential rental properties. To ensure safe and sanitary conditions in Amherst’s rental housing stock, preventing degradation and helping to promote preservation of important historic residential buildings and neighborhoods. To provide clear and accessible guidelines for the operation of rental properties for tenants, owners, landlords, and neighbors, and to extend awareness of related Town bylaws and health regulations r elated to operation of a rental property and those regulations related to noise, alcohol and nuisance behaviors. To establish and assign responsibility for different aspects of rental housing management. To establish and expand awareness of the requirements for use and maintenance of rental housing exteriors and grounds, including parking requirements. To ensure awareness of and responsibility for occupancy limits in rental units on the part of property owners, managers, tenants, and neighbors. To help to stabilize, protect, and enhance the essential characteristics of and quality of life within existing diverse, multi- generational residential neighborhoods for all residents, including families and students, consistent with Amherst’s long history as a college community.

The proposed bylaw addresses shortcomings in existing regulation Registration is OPTIONAL. Only 700 properties (<10%) registered in 10 years No benefit to town or property owner for compliance. No consequence for non- compliance; no enforcement mechanisms “Owned” by one department without adequate resources, process or infrastructure Enacted July 1, 2003

Everyone benefits from the proposed registration and permitting Town –Baseline –Response –Transparency Landlords –Clarity –Self-correction –“Seal of approval” Tenants –Safety –Clarity –Complaints Neighbors –Transparency –Complaints

Registration, permitting and enforcement framework to ensure rental properties comply with local and state laws to promote and sustain safe and healthy neighborhoods in the Town of Amherst. (Section 1.) Anonymous Owner Occupant Neighbor Health Dept. Fire Dept. Police Dept. Inspections Dept. IDENTIFY (Future)  Declaration REGISTER Sects. 2, 6.,11.  ATTEST Sects. 6., 7.  Permit Town uses GIS to identify likely residential rental properties Property owner completes self- certification; amends annually, as needed. Parking plan required Fine for non- compliance or misrepresentation. Property owner registers annual Registration fee set by Select Board Registration is mandatory; fine for non-compliance OWNER/MANAGER, TOWN STAFF (Section 5.) COMPLAINT Section 7.  INVESTIGATION Sections 7., 12.  ENFORCEMENT Sects. 12., 13., 14.  2.Property Research 3.Site Inspection 4.Notice of Violation/Enforcement Order 5.Follow up inspection 6.Fines * 7.Suspension of Rental Permit 8.Court Action CODE OFFICER, OWNER/MANAGER, OCCUPANT (Section 5.) COMPLAINT-BASED Landlord/Tenant Court Rental Appeals Board Primary Code Official District Court Affected Property/Use Types (Sections 4., 5.) Owner-occupied supplemental apartments; two-family dwelling; converted dwelling; town house; apartment; certain mixed-use buildings; Rooming units in lodging or boarding houses operated as principal uses Accessory lodging or boarding uses (rooms) and supplemental apartments Exempted Property Types/Uses (Sections 4., 5.) Owner-occupied properties with 1-3 boarders; 4-6 boarders (by special permit) Hotels, motels, inns, hostels, bed and breakfasts, or similar Residential facilities authorized and operated under state and federal law Local Regulations (Section 3.) Residential Rental Property Bylaw Town of Amherst General By-Laws, including Nuisance House, Unlawful Noise, and Keg Licensing Amherst Zoning Bylaw Amherst Board of Health Regulations State Laws & Regulations (Section 3.) MGL Chapter 40A (Zoning) MGL Chapter 143 (Inspection & Regulation) MGL Chapter 148 (Fire Prevention) 780 CMR (State Building Code) 105 CMR 410 (State Sanitary Code Chapter II: Minimum Standards of Fitness for Human Habitation) 310 CMR 7.10 (Department of Environmental Protection, Air Pollution Control, Noise) 527 CMR (Board of Fire Prevention Regulations) 521 CMR (Architectural Access Board Regulations) Code Official Primary Code Official Existing requirement, regulation, process Proposed requirement, regulation, process *Bylaw-specific and existing 1.Compliant filed

The proposed by-law addresses gaps in the existing regulation - REGISTRATION IDENTIFY (Future)  Declaration REGISTER Sects. 2, 6.,11.  ATTEST Sects. 6., 7.  Permit Town uses GIS to identify likely residential rental properties Property owner completes self- certification; amends annually, as needed. Parking plan required Fine for non- compliance or misrepresentation. Property owner registers annual Registration fee set by Select Board Registration is mandatory; fine for non-compliance OWNER/MANAGER, TOWN STAFF (Section 5.) Affected Property/Use Types (Sections 4., 5.) Owner-occupied supplemental apartments; two-family dwelling; converted dwelling; town house; apartment; certain mixed-use buildings; Rooming units in lodging or boarding houses operated as principal uses Accessory lodging or boarding uses (rooms) and supplemental apartments Exempted Property Types/Uses (Sections 4., 5.) Owner-occupied properties with 1-3 boarders; 4-6 boarders (by special permit) Hotels, motels, inns, hostels, bed and breakfasts, or similar Residential facilities authorized and operated under state and federal law

The proposed by-law addresses gaps in the existing regulation - ENFORCEMENT Anonymous Owner Occupant Neighbor Health Dept. Fire Dept. Police Dept. Inspections Dept. COMPLAINT Section 7.  INVESTIGATION Sections 7., 12.  ENFORCEMENT Sects. 12., 13., 14.  2.Property Research 3.Site Inspection 4.Notice of Violation/Enforcement Order 5.Follow up inspection 6.Fines * 7.Suspension of Rental Permit 8.Court Action CODE OFFICER, OWNER/MANAGER, OCCUPANT (Section 5.) COMPLAINT-BASED Landlord/Tenant Court Rental Appeals Board Primary Code Official District Court Local Regulations (Section 3.) Residential Rental Property Bylaw Town of Amherst General By-Laws, including Nuisance House, Unlawful Noise, and Keg Licensing Amherst Zoning Bylaw Amherst Board of Health Regulations State Laws & Regulations (Section 3.) MGL Chapter 40A (Zoning) MGL Chapter 143 (Inspection & Regulation) MGL Chapter 148 (Fire Prevention) 780 CMR (State Building Code) 105 CMR 410 (State Sanitary Code Chapter II: Minimum Standards of Fitness for Human Habitation) 310 CMR 7.10 (Department of Environmental Protection, Air Pollution Control, Noise) 527 CMR (Board of Fire Prevention Regulations) 521 CMR (Architectural Access Board Regulations) Code Official Primary Code Official Existing requirement, regulation, process Proposed requirement, regulation, process *Bylaw-specific and existing 1.Compliant filed

The proposed bylaw is NOT intrusive The proposed bylaw does not include any requirement for inspection or access to properties except when requested during investigation of a complaint Access to property is governed by existing landlord-tenant law Leases may be requested as part of complaint investigation

The proposed bylaw does NOT create a vast, inefficient and costly bureaucracy Provides clarity by consolidating existing regulations Coordinates complaint processing, and standardizes investigations. Only two (2) inspectors for all properties in town (5,175 and growing!) Input from “code officials” in multiple departments ensures a balanced approach to applications, enforcement and renewals. Ensures new landlords and new rental properties will be more likely to conform Paperwork for initial registration will be neither time-consuming nor complex to complete; renewals will be less so, provided no material changes

The proposed bylaw is NOT complicated or burdensome Registration (5 minutes) Lease provisions; notifications Parking plan (10 minutes) Self-certification (10 minutes) Renewal is simple provided no material changes

Fees and costs are NOT excessive Fees have not yet been set by the Select Board Range of fee options were discussed provided Fees become a cost of doing business “Pass through” costs are nominal unless material improvements are warranted and made

Proposed bylaw ensures compliance with existing zoning bylaws governing parking Recognizes that majority of single family homes were never intended to accommodate 4+ vehicles Parking plan ensures each property is compliant with existing zoning by-laws Ensures appropriate parking is known to all: town, tenants, neighbors Accounts for existing situations One-time requirement unless material change necessitates update to existing plan Existing plans can be reused Addresses safety and appearance

Proposed bylaw centralizes and coordinates new and existing enforcement procedures Enforcement has historically been fragmented, inconsistent Continued underfunding of APD limits enforcement Better utilization of town resources Proposed bylaw creates a framework for consolidation and review (registration, investigation and enforcement) across all departments Provides an oversight role and responsibility (Primary Code Official) to coordinate Provides a fuller picture of a given property

Proposed bylaw provides a variety of mechanisms to gain compliance Allow landlords to “self-correct” deficient situations during registration process Existing fines for violations of health, building, zoning and behavior are incorporated under one umbrella Supplemental fines (registration, enforcement) are provided Revocation of permit as option when other mechanisms, including fines, fail to gain compliance Provides an incentive and discriminator – over time, the permit becomes a “seal of approval” for prospective renters