BROCKTON RECEIVERSHIP TRAINING SEMINAR

Key Players Local Key Players Include: Brockton Fire Department Brockton Police Department City Solicitor’s Office Board of Health Building Department City of Brockton Partners Include: Attorney General’s Office Massachusetts Housing Partnership The Resources Inc. (TRI)

Target Neighborhood – Goddard Highland/Newbury Street

Target Neighborhood – Campello

CURRENT POTENTIAL RECEIVERSHIP PROPERTIES 18 HILLBERG AVENUE 21 ELLSWORTH STREET 18 HIGHLAND STREET 32 CHESTER AVENUE

What can be done through Brockton’s Receivership Program? Receivership is one of many strategies that have been used successfully by a number of communities in Massachusetts as part of an approach dealing with distressed vacant and abandoned properties. Receivers are responsible for rehabilitating and stabilizing a property that has been seriously neglected by the owner.

Properties that are good Candidates for Receivership * CODE VIOLATIONS * VACANT / ABANDONED PROPERTIES THAT POSE A THREAT TO THE HEALTH AND SAFETY OF RESIDENTS * STRUCTURALLY SOUND PROPERTIES THAT REHABILITATION DOES NOT EXCEED 50% OF THE VALUE OF THE PROPERTY. The Board of Health, Building Department and Code Enforcement should be working with the Law Department and/or Attorney General’s office to guide them in the appropriateness of seeking the appointment of a Receiver as early as possible in the process.

The Petition will include the following: Description of the Property All parties to the petition City’s Jurisdiction regarding enforcement of Sanitary Code The Facts of the Case relating to violations and attempts to secure the cooperation of the owner(s) The request for the appointment of the Receiver FILING FOR PETITION Once the Court approves the receivership, the court will oversee and subsequent dealings the municipality has with the receiver. Receiver presents a preliminary budget and time table to the court, the court approves or disapproves the budget. As the receivership process continues, the court will approve any deviation from the original plan and approve increases in the budget.

THE PROCESS THE PROCESS IS TRIGGERED BY ANY CITIZEN/RESIDENT, FOR PROFIT OR NON-PROFIT ORGANIZATION. However, it is necessary that the Board of Health, which has jurisdiction over the State Sanitary Code, receives the complaints of Sanitary Code Violations INSPECTOR COMPLETES INSPECTION OF THE PROPERTY Inspector writes up the inspection report as described in the State Sanitary Code

Notice to the Owner Once property is inspected, the municipality notifies the owner and attempts to get the owner to complete the required repairs to bring the property into compliance In the absence of an adequate and timely response by the owner, the municipality will determine whether the property is a viable candidate for receivership if conditions are as noted: UNRESPONSIVE OWNERS The owners of record have been unresponsive to requests for repairs EMERGENCY REPAIRS Emergency repairs that endanger a tenant’s occupancy have been ignored; such as lack of heat or hot water

Court ordered auction/sale to satisfy receiver’s lien AUCTION SALE FORECLOSURE RECEIVERSHIP LIENS STATEMENT OF ACCOUNTS

Termination or Receivership by Resignation with no replacement Receiver has resigned by submitting notice to the court Receiver or Assignee (Lender) may foreclose on lien Foreclosure of lien by receiver or lender outside of receivership Anyone may bid at Auction Final accounting must be approved by Judge after auction before proceeds can be distributed Interest, auction costs, and other foreclosure expenses may be included in sales proceeds

IF YOU ARE INTERESTED IN BECOMING A RECEIVER? PLEASE FILL OUT THE POTENTIAL RECEIVER QUESTIONAIRE FORM AND SUBMIT AT THE CLOSE OF THE RECEIVERSHIP SEMINAR

Questions