MassLandlords Newsletter July 2016

24
The Shower Disaster of Cassidy Contractor, A Tall Tale No Trespassing! Unless anyone wants ice cream? SJC: OK to End Association with Project-Based Vouchers 7 Ways You Can Collect a Rental Applicant’s Proof of Income JULY 2016

description

The trade association magazine for landlords in Massachusetts.

Transcript of MassLandlords Newsletter July 2016

The Shower Disaster of Cassidy Contractor

A Tall Tale

No Trespassing Unless anyone wants

ice cream

SJC OK to End Association with

Project-Based Vouchers

7 Ways You Can Collect a

Rental Applicantrsquos Proof of Income

JulY 2016

2 bull MassLandlords Newsletter

Contents

7

15

19

20

13

3 Letter from the Executive Director

4 7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

7 Donrsquot be Scammed

8 Questions and Answers

10 No Trespassing Unless anyone wants ice cream

13 How to Fix a Loose Door Hinge

13 Local Voucher Program Approved

15 The Shower Disaster of Cassidy Contractor A Tall Tale

19 Lawsuit filed against rental inspections

20 SJC OK to End Association with Project-Based Vouchers

21 Region-specific News

MassLandlords Newsletter bull 3

JuLy 2016

June 2016 will be remembered as a turning point for MassLandlords on our journey from volunteer-powered to professionally staffed The membership overwhelmingly approved our legal name change from the historical Worcester Property Owners Association Inc to MassLandlords Inc The smart and hardworking attorneys at New Leaf Legal took care of this promptly Itrsquos official We are now MassLandlords Inc

Of far greater importance was the vote overwhelmingly in favor to accept the assets of the dissolving Rental Housing Association of Greater Springfield In exchange for this gift we would give their members a legal vote carry on their meetings and operations and ensure continued contributions from their volunteers and staff This process is complicated and the legal paperwork is only started but we are all now in perfect agreement on the broad terms and also that it should be carried out

These two changes allow us to strengthen our operations in Worcester and Springfield and combined with much work being done in other areas we can now look to extend our meetings and events into Newton Cambridge and eventually the North Shore

One of the big improvements you will have noticed is the June newsletter This is now the trade newsletter for those who provide rental housing in Massachusetts Landlords public housing administrators and housing advocates can all find articles of interest each month Our approach is even-handed and non-partisan Our mission to create better rental housing Free enterprise and public assistance both have important roles to play How can we best achieve all that should be done We will use the newsletter to discuss these broad issues as well as to give concrete management tips and tricks

Behind the scenes in June we also improved the availability of membership data for our service providers and local volunteers Previously it was difficult for our team to keep in touch with members about events and renewals Some of our paid members may have found themselves lapsed without meaning to be We have tightened up and distributed our treasury process renewal mailing process and membership list processes Rather than concentrate these in the virtual ldquomain officerdquo we have figured out ways to share the work while maintaining essential supervision and privacy

All of this is consistent with our march toward the twin goals of ldquovaluable services significant sizerdquo These are two sides of the same coin Itrsquos too big a job for one person But working together and cooperating as we have been wersquore sure to become a force for good in Massachusetts

Thank you for being a part of MassLandlords Tell your friends about us wersquore on to great things

SincerelyDoug QuattrochiExecutive DirectorC 617-285-7255

letter from the Executive Director

Published by MassLandlords 14th Floor One Broadway Cambridge MA 02142

The largest non-profit for Massachusetts landlords We help landlords We also advocate for better laws

infomasslandlordsnet

774-314-1896

THE MASSLANDLORDS BOARD OF DIRECTORSPietro Curini through 2020Joyce Nierodzinski through 2019yvonne DiBenedetto through 2018Michael OrsquoRourke through 2017Jane Gasek through 2016Russell Sabadosa by member resolution until September 14 2017

EXECUTIVE DIRECTORDouglas Quattrochidquattrochimasslandlordsnet

MANAGER OF COMMUNICATIONS AND SOCIAL MEDIASusan Manning

BOOKKEEPINGVipan Garg Simran Kaur

MESSAGE BOARDS SERVICE DIRECTORY AND DATAFatima Cangas Nomer Caceres

WORCESTER MEETING VOLUNTEERRichard Trifone

WORCESTER PROGRAMS VOLUNTEERRichard Merlino

PUBLIC POLICY VOLUNTEERSSandra Katz Ralph ldquoSkiprdquo Schloming Michelle Kasabula

WORCESTER REGISTRATION DESK STAFFNaomi Elliott Caitlin Taylor

GRAPHIC DESIGN ADVERTISER PROGRAM AND CREATIVESSimona Meloni Ani Dmitrova

NEWSLETTER DESIGNAilar Arak

VIDEOGRAPHYPaul Mong

TRANSCRIPTIONProspero Pulma

SOCIAL MEDIA VOLUNTEERElaine Fisher

LOCAL TEAMSSPRINGFIELDSheryl Chase Russell Sabadosa Susan McMahon and more

MARLBOROSherri Way Laurel young Daniel Schiappa and more

STURBRIDGEDavid Foote Hunter Foote Ronald Bernard Donat Charon and more

CAMBRIDGELenore Monello-Schloming Dawna Provost Linda Levine and more

With Immense Gratitude to Seven Decades of Past Volunteers

JuLy 2016

4 bull MassLandlords Newsletter

Landlords and rental managers should verify an applicantrsquos ability to pay rent on an ongoing basis This is why we ask for ldquoproof of incomerdquo on a rental application What counts as proof of income How can landlords verify salary and government benefits This article gives some tips and tricks for verifying income on a rental application

PAY STUBSThe most common proof of income is looking at pay stubs Pay stubs have the advantage of being familiar Many applicants are already prepared to share their pay stubs with landlords

Pay stubs are also hard to forge Typically they will have a

payroll companyrsquos logo or other corporate brand be formatted to fit on smaller paper and have numbers that follow patterns (For instance you can compare social

security withholding to gross income If the stub is

forged the numbers will likely be random and very wrong)

The disadvantage of pay stubs is that they are rearward-looking you canrsquot

tell from an applicantrsquos past earnings whether they are still employedFor hourly workers ask

for pay stubs in sequence for as long a time period as you need to feel comfortable An applicant with a varied

schedule week-to-week might need to present six pay stubs before you get a reliable measure of their average earnings Check the dates on pay stubs carefully to look for missing pay stubs This might indicate that the tenant has told you they work harder than they actually do Missing pay stubs should be counted as ldquozero incomerdquo for the period

For salaried workers check that the total compensation is roughly the same period-to-period

OFFER LETTERAnother common proof of income is a recent offer of employment on company

letterhead This is forward-looking and indicates the salary or hourly rate Be careful offer letters are often conditional upon things like drug tests which the applicant may not yet have passed Offer letters may also have expiration dates

Offer letters can be accepted as proof of income most easily when a tenant has arrived new in town and hasnrsquot yet started work

EMPLOYER PHONE VERIFICATIONSmall businesses are often able to verify employment and compensation over the phone Larger corporations may have outsourced this with a company like The Work Number for instance If the applicant gives you the number to call try to verify it independently They could have given you their friendrsquos number and given their friend a script to lie to you An independently verified phone number can be a fast and forward-looking way to verify employment up-to-the-day

BANK STATEMENTSSome applicants work at smaller businesses that canrsquot provide any of the above proof of income for their employee They donrsquot produce pay stubs or offer letters and they donrsquot answer verification requests over the phone For these ask the tenant for a bank statement showing their regular deposits This works whether they are paid by cash or check Add up their regular deposits and create your own ldquopseudo pay stubrdquo with their average earnings

Watch out for transfers between accounts A dishonest tenant could move money back and forth between accounts to create the appearance of cash flow Ask to see the statement for the other accounts if there is heavy transfer activity

HOW CAN LANDLORDS VERIFY SALARY AND GOVERNMENT BENEFITS THIS ARTICLES GIVES SOME TIPS AND TRICKS

7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

MassLandlords Newsletter bull 5

JuLy 2016

TAX RETURNSTax returns can serve as proof of income for very stable applicants who donrsquot want to share bank statements but who donrsquot have pay stubs either Some examples a senior living off of substantial savings or retirement accounts a business owner with regular dividends or distributions or a self-employed person working at their own business Look for a pattern of consistently adequate earnings over several years if possible

TENANTS WHO OPERATE ALL-CASHThe cash economy hurts rental applicants badly If they never deposit the money in their account and never claim it on their taxes there is no way for a landlord or any other third party to verify the income unreported tips under-the-table wages and lucrative side hobbies cannot be counted by scrupulous landlords on the rental application you can safely deny such applicants on the basis of ldquoproved income is inadequaterdquo

Some special circumstances call for exceptions Expert hair stylists tattoo artists piercers waitresses musicians and other artists in the right setting if they are very good at their job and if they are working at an establishment of some renown might be reliable all-cash tenants without any proof of income For instance you might know that your applicant is employed at a local tattoo parlor which draws in patrons from around the country that this parlor is almost all-cash (there is such a place in Worcester MA for instance) and that

your applicant is somewhat famous and sought-after in his or her field

If you have this perfect alignment you can waive the income requirement on an application Write down the reasons why you know this person is famous in their field write down the fact that their business is all-cash in-and-out and write the time and date you verified their active employment at their venue For instance ldquoTenant all-cash but asserts ability to pay rent Has 20000 Instagram followers Visited her at work on 615 to confirm employment as indicatedrdquo Remember that this is an exception for relatively famous people and should be used rarely if ever Most all-cash applicants should be advised to get and use a bank account and reapply in the future

TENANTS WITHOUT JOBS NEED PROOF OF SUBSIDYTenants without jobs can still have income Federal programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) give a regular stipend to the blind aged and disabled Applicants with SSI or SSDI can request a ldquobenefit verification letterrdquo This benefit is the only way they can afford to pay rent you can require such applicants to produce this

Other programs like the Housing Choice Voucher Program (Section 8) or the Massachusetts Rental Voucher Program (MRVP) are designed to eliminate the income portion of a

landlordrsquos application They guarantee that the tenant will not pay more than one-third of their gross income to rent For these tenants you need a benefit verification letter from their voucher administrator

Other applicants may come with still other subsidies There is a seemingly limitless supply of sources of funding Whatever they claim to have make sure as the landlord you get proof of this subsidy income There is a risk of fraud but there is a far greater risk that the tenant is misinformed about their own subsidy They might think they can afford your apartment but in reality perhaps the subsidy isnrsquot as valuable as they thought This is a common mistake with participants in programs like HomeBASE

WATCH FOR DISCRIMINATION IN WORDINGAsking tenants to prove their salary is different from asking for proof of income Donrsquot ask for proof of salary or wages This could be misconstrued as a signal that you will not rent to subsidized tenants Ask for proof of income and you should be legally covered When in doubt consult with an attorney about your screening practices

We hope this article has helped you to think of some new ways to collect proof of income Itrsquos a critical piece of your rental application and tenant screening process Collect proof of income from all applicants and you can be sure to maximize your chances of success in the rental business Good luck ML

800-982-7239 508-753-3632

MassLandlordsnet Members save $5

bull windows bull siding bull doors bull screens bull skylights bull repairs

bull section 8 emergencies

A-1 Wholesale Window amp Siding Co

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

2 bull MassLandlords Newsletter

Contents

7

15

19

20

13

3 Letter from the Executive Director

4 7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

7 Donrsquot be Scammed

8 Questions and Answers

10 No Trespassing Unless anyone wants ice cream

13 How to Fix a Loose Door Hinge

13 Local Voucher Program Approved

15 The Shower Disaster of Cassidy Contractor A Tall Tale

19 Lawsuit filed against rental inspections

20 SJC OK to End Association with Project-Based Vouchers

21 Region-specific News

MassLandlords Newsletter bull 3

JuLy 2016

June 2016 will be remembered as a turning point for MassLandlords on our journey from volunteer-powered to professionally staffed The membership overwhelmingly approved our legal name change from the historical Worcester Property Owners Association Inc to MassLandlords Inc The smart and hardworking attorneys at New Leaf Legal took care of this promptly Itrsquos official We are now MassLandlords Inc

Of far greater importance was the vote overwhelmingly in favor to accept the assets of the dissolving Rental Housing Association of Greater Springfield In exchange for this gift we would give their members a legal vote carry on their meetings and operations and ensure continued contributions from their volunteers and staff This process is complicated and the legal paperwork is only started but we are all now in perfect agreement on the broad terms and also that it should be carried out

These two changes allow us to strengthen our operations in Worcester and Springfield and combined with much work being done in other areas we can now look to extend our meetings and events into Newton Cambridge and eventually the North Shore

One of the big improvements you will have noticed is the June newsletter This is now the trade newsletter for those who provide rental housing in Massachusetts Landlords public housing administrators and housing advocates can all find articles of interest each month Our approach is even-handed and non-partisan Our mission to create better rental housing Free enterprise and public assistance both have important roles to play How can we best achieve all that should be done We will use the newsletter to discuss these broad issues as well as to give concrete management tips and tricks

Behind the scenes in June we also improved the availability of membership data for our service providers and local volunteers Previously it was difficult for our team to keep in touch with members about events and renewals Some of our paid members may have found themselves lapsed without meaning to be We have tightened up and distributed our treasury process renewal mailing process and membership list processes Rather than concentrate these in the virtual ldquomain officerdquo we have figured out ways to share the work while maintaining essential supervision and privacy

All of this is consistent with our march toward the twin goals of ldquovaluable services significant sizerdquo These are two sides of the same coin Itrsquos too big a job for one person But working together and cooperating as we have been wersquore sure to become a force for good in Massachusetts

Thank you for being a part of MassLandlords Tell your friends about us wersquore on to great things

SincerelyDoug QuattrochiExecutive DirectorC 617-285-7255

letter from the Executive Director

Published by MassLandlords 14th Floor One Broadway Cambridge MA 02142

The largest non-profit for Massachusetts landlords We help landlords We also advocate for better laws

infomasslandlordsnet

774-314-1896

THE MASSLANDLORDS BOARD OF DIRECTORSPietro Curini through 2020Joyce Nierodzinski through 2019yvonne DiBenedetto through 2018Michael OrsquoRourke through 2017Jane Gasek through 2016Russell Sabadosa by member resolution until September 14 2017

EXECUTIVE DIRECTORDouglas Quattrochidquattrochimasslandlordsnet

MANAGER OF COMMUNICATIONS AND SOCIAL MEDIASusan Manning

BOOKKEEPINGVipan Garg Simran Kaur

MESSAGE BOARDS SERVICE DIRECTORY AND DATAFatima Cangas Nomer Caceres

WORCESTER MEETING VOLUNTEERRichard Trifone

WORCESTER PROGRAMS VOLUNTEERRichard Merlino

PUBLIC POLICY VOLUNTEERSSandra Katz Ralph ldquoSkiprdquo Schloming Michelle Kasabula

WORCESTER REGISTRATION DESK STAFFNaomi Elliott Caitlin Taylor

GRAPHIC DESIGN ADVERTISER PROGRAM AND CREATIVESSimona Meloni Ani Dmitrova

NEWSLETTER DESIGNAilar Arak

VIDEOGRAPHYPaul Mong

TRANSCRIPTIONProspero Pulma

SOCIAL MEDIA VOLUNTEERElaine Fisher

LOCAL TEAMSSPRINGFIELDSheryl Chase Russell Sabadosa Susan McMahon and more

MARLBOROSherri Way Laurel young Daniel Schiappa and more

STURBRIDGEDavid Foote Hunter Foote Ronald Bernard Donat Charon and more

CAMBRIDGELenore Monello-Schloming Dawna Provost Linda Levine and more

With Immense Gratitude to Seven Decades of Past Volunteers

JuLy 2016

4 bull MassLandlords Newsletter

Landlords and rental managers should verify an applicantrsquos ability to pay rent on an ongoing basis This is why we ask for ldquoproof of incomerdquo on a rental application What counts as proof of income How can landlords verify salary and government benefits This article gives some tips and tricks for verifying income on a rental application

PAY STUBSThe most common proof of income is looking at pay stubs Pay stubs have the advantage of being familiar Many applicants are already prepared to share their pay stubs with landlords

Pay stubs are also hard to forge Typically they will have a

payroll companyrsquos logo or other corporate brand be formatted to fit on smaller paper and have numbers that follow patterns (For instance you can compare social

security withholding to gross income If the stub is

forged the numbers will likely be random and very wrong)

The disadvantage of pay stubs is that they are rearward-looking you canrsquot

tell from an applicantrsquos past earnings whether they are still employedFor hourly workers ask

for pay stubs in sequence for as long a time period as you need to feel comfortable An applicant with a varied

schedule week-to-week might need to present six pay stubs before you get a reliable measure of their average earnings Check the dates on pay stubs carefully to look for missing pay stubs This might indicate that the tenant has told you they work harder than they actually do Missing pay stubs should be counted as ldquozero incomerdquo for the period

For salaried workers check that the total compensation is roughly the same period-to-period

OFFER LETTERAnother common proof of income is a recent offer of employment on company

letterhead This is forward-looking and indicates the salary or hourly rate Be careful offer letters are often conditional upon things like drug tests which the applicant may not yet have passed Offer letters may also have expiration dates

Offer letters can be accepted as proof of income most easily when a tenant has arrived new in town and hasnrsquot yet started work

EMPLOYER PHONE VERIFICATIONSmall businesses are often able to verify employment and compensation over the phone Larger corporations may have outsourced this with a company like The Work Number for instance If the applicant gives you the number to call try to verify it independently They could have given you their friendrsquos number and given their friend a script to lie to you An independently verified phone number can be a fast and forward-looking way to verify employment up-to-the-day

BANK STATEMENTSSome applicants work at smaller businesses that canrsquot provide any of the above proof of income for their employee They donrsquot produce pay stubs or offer letters and they donrsquot answer verification requests over the phone For these ask the tenant for a bank statement showing their regular deposits This works whether they are paid by cash or check Add up their regular deposits and create your own ldquopseudo pay stubrdquo with their average earnings

Watch out for transfers between accounts A dishonest tenant could move money back and forth between accounts to create the appearance of cash flow Ask to see the statement for the other accounts if there is heavy transfer activity

HOW CAN LANDLORDS VERIFY SALARY AND GOVERNMENT BENEFITS THIS ARTICLES GIVES SOME TIPS AND TRICKS

7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

MassLandlords Newsletter bull 5

JuLy 2016

TAX RETURNSTax returns can serve as proof of income for very stable applicants who donrsquot want to share bank statements but who donrsquot have pay stubs either Some examples a senior living off of substantial savings or retirement accounts a business owner with regular dividends or distributions or a self-employed person working at their own business Look for a pattern of consistently adequate earnings over several years if possible

TENANTS WHO OPERATE ALL-CASHThe cash economy hurts rental applicants badly If they never deposit the money in their account and never claim it on their taxes there is no way for a landlord or any other third party to verify the income unreported tips under-the-table wages and lucrative side hobbies cannot be counted by scrupulous landlords on the rental application you can safely deny such applicants on the basis of ldquoproved income is inadequaterdquo

Some special circumstances call for exceptions Expert hair stylists tattoo artists piercers waitresses musicians and other artists in the right setting if they are very good at their job and if they are working at an establishment of some renown might be reliable all-cash tenants without any proof of income For instance you might know that your applicant is employed at a local tattoo parlor which draws in patrons from around the country that this parlor is almost all-cash (there is such a place in Worcester MA for instance) and that

your applicant is somewhat famous and sought-after in his or her field

If you have this perfect alignment you can waive the income requirement on an application Write down the reasons why you know this person is famous in their field write down the fact that their business is all-cash in-and-out and write the time and date you verified their active employment at their venue For instance ldquoTenant all-cash but asserts ability to pay rent Has 20000 Instagram followers Visited her at work on 615 to confirm employment as indicatedrdquo Remember that this is an exception for relatively famous people and should be used rarely if ever Most all-cash applicants should be advised to get and use a bank account and reapply in the future

TENANTS WITHOUT JOBS NEED PROOF OF SUBSIDYTenants without jobs can still have income Federal programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) give a regular stipend to the blind aged and disabled Applicants with SSI or SSDI can request a ldquobenefit verification letterrdquo This benefit is the only way they can afford to pay rent you can require such applicants to produce this

Other programs like the Housing Choice Voucher Program (Section 8) or the Massachusetts Rental Voucher Program (MRVP) are designed to eliminate the income portion of a

landlordrsquos application They guarantee that the tenant will not pay more than one-third of their gross income to rent For these tenants you need a benefit verification letter from their voucher administrator

Other applicants may come with still other subsidies There is a seemingly limitless supply of sources of funding Whatever they claim to have make sure as the landlord you get proof of this subsidy income There is a risk of fraud but there is a far greater risk that the tenant is misinformed about their own subsidy They might think they can afford your apartment but in reality perhaps the subsidy isnrsquot as valuable as they thought This is a common mistake with participants in programs like HomeBASE

WATCH FOR DISCRIMINATION IN WORDINGAsking tenants to prove their salary is different from asking for proof of income Donrsquot ask for proof of salary or wages This could be misconstrued as a signal that you will not rent to subsidized tenants Ask for proof of income and you should be legally covered When in doubt consult with an attorney about your screening practices

We hope this article has helped you to think of some new ways to collect proof of income Itrsquos a critical piece of your rental application and tenant screening process Collect proof of income from all applicants and you can be sure to maximize your chances of success in the rental business Good luck ML

800-982-7239 508-753-3632

MassLandlordsnet Members save $5

bull windows bull siding bull doors bull screens bull skylights bull repairs

bull section 8 emergencies

A-1 Wholesale Window amp Siding Co

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 3

JuLy 2016

June 2016 will be remembered as a turning point for MassLandlords on our journey from volunteer-powered to professionally staffed The membership overwhelmingly approved our legal name change from the historical Worcester Property Owners Association Inc to MassLandlords Inc The smart and hardworking attorneys at New Leaf Legal took care of this promptly Itrsquos official We are now MassLandlords Inc

Of far greater importance was the vote overwhelmingly in favor to accept the assets of the dissolving Rental Housing Association of Greater Springfield In exchange for this gift we would give their members a legal vote carry on their meetings and operations and ensure continued contributions from their volunteers and staff This process is complicated and the legal paperwork is only started but we are all now in perfect agreement on the broad terms and also that it should be carried out

These two changes allow us to strengthen our operations in Worcester and Springfield and combined with much work being done in other areas we can now look to extend our meetings and events into Newton Cambridge and eventually the North Shore

One of the big improvements you will have noticed is the June newsletter This is now the trade newsletter for those who provide rental housing in Massachusetts Landlords public housing administrators and housing advocates can all find articles of interest each month Our approach is even-handed and non-partisan Our mission to create better rental housing Free enterprise and public assistance both have important roles to play How can we best achieve all that should be done We will use the newsletter to discuss these broad issues as well as to give concrete management tips and tricks

Behind the scenes in June we also improved the availability of membership data for our service providers and local volunteers Previously it was difficult for our team to keep in touch with members about events and renewals Some of our paid members may have found themselves lapsed without meaning to be We have tightened up and distributed our treasury process renewal mailing process and membership list processes Rather than concentrate these in the virtual ldquomain officerdquo we have figured out ways to share the work while maintaining essential supervision and privacy

All of this is consistent with our march toward the twin goals of ldquovaluable services significant sizerdquo These are two sides of the same coin Itrsquos too big a job for one person But working together and cooperating as we have been wersquore sure to become a force for good in Massachusetts

Thank you for being a part of MassLandlords Tell your friends about us wersquore on to great things

SincerelyDoug QuattrochiExecutive DirectorC 617-285-7255

letter from the Executive Director

Published by MassLandlords 14th Floor One Broadway Cambridge MA 02142

The largest non-profit for Massachusetts landlords We help landlords We also advocate for better laws

infomasslandlordsnet

774-314-1896

THE MASSLANDLORDS BOARD OF DIRECTORSPietro Curini through 2020Joyce Nierodzinski through 2019yvonne DiBenedetto through 2018Michael OrsquoRourke through 2017Jane Gasek through 2016Russell Sabadosa by member resolution until September 14 2017

EXECUTIVE DIRECTORDouglas Quattrochidquattrochimasslandlordsnet

MANAGER OF COMMUNICATIONS AND SOCIAL MEDIASusan Manning

BOOKKEEPINGVipan Garg Simran Kaur

MESSAGE BOARDS SERVICE DIRECTORY AND DATAFatima Cangas Nomer Caceres

WORCESTER MEETING VOLUNTEERRichard Trifone

WORCESTER PROGRAMS VOLUNTEERRichard Merlino

PUBLIC POLICY VOLUNTEERSSandra Katz Ralph ldquoSkiprdquo Schloming Michelle Kasabula

WORCESTER REGISTRATION DESK STAFFNaomi Elliott Caitlin Taylor

GRAPHIC DESIGN ADVERTISER PROGRAM AND CREATIVESSimona Meloni Ani Dmitrova

NEWSLETTER DESIGNAilar Arak

VIDEOGRAPHYPaul Mong

TRANSCRIPTIONProspero Pulma

SOCIAL MEDIA VOLUNTEERElaine Fisher

LOCAL TEAMSSPRINGFIELDSheryl Chase Russell Sabadosa Susan McMahon and more

MARLBOROSherri Way Laurel young Daniel Schiappa and more

STURBRIDGEDavid Foote Hunter Foote Ronald Bernard Donat Charon and more

CAMBRIDGELenore Monello-Schloming Dawna Provost Linda Levine and more

With Immense Gratitude to Seven Decades of Past Volunteers

JuLy 2016

4 bull MassLandlords Newsletter

Landlords and rental managers should verify an applicantrsquos ability to pay rent on an ongoing basis This is why we ask for ldquoproof of incomerdquo on a rental application What counts as proof of income How can landlords verify salary and government benefits This article gives some tips and tricks for verifying income on a rental application

PAY STUBSThe most common proof of income is looking at pay stubs Pay stubs have the advantage of being familiar Many applicants are already prepared to share their pay stubs with landlords

Pay stubs are also hard to forge Typically they will have a

payroll companyrsquos logo or other corporate brand be formatted to fit on smaller paper and have numbers that follow patterns (For instance you can compare social

security withholding to gross income If the stub is

forged the numbers will likely be random and very wrong)

The disadvantage of pay stubs is that they are rearward-looking you canrsquot

tell from an applicantrsquos past earnings whether they are still employedFor hourly workers ask

for pay stubs in sequence for as long a time period as you need to feel comfortable An applicant with a varied

schedule week-to-week might need to present six pay stubs before you get a reliable measure of their average earnings Check the dates on pay stubs carefully to look for missing pay stubs This might indicate that the tenant has told you they work harder than they actually do Missing pay stubs should be counted as ldquozero incomerdquo for the period

For salaried workers check that the total compensation is roughly the same period-to-period

OFFER LETTERAnother common proof of income is a recent offer of employment on company

letterhead This is forward-looking and indicates the salary or hourly rate Be careful offer letters are often conditional upon things like drug tests which the applicant may not yet have passed Offer letters may also have expiration dates

Offer letters can be accepted as proof of income most easily when a tenant has arrived new in town and hasnrsquot yet started work

EMPLOYER PHONE VERIFICATIONSmall businesses are often able to verify employment and compensation over the phone Larger corporations may have outsourced this with a company like The Work Number for instance If the applicant gives you the number to call try to verify it independently They could have given you their friendrsquos number and given their friend a script to lie to you An independently verified phone number can be a fast and forward-looking way to verify employment up-to-the-day

BANK STATEMENTSSome applicants work at smaller businesses that canrsquot provide any of the above proof of income for their employee They donrsquot produce pay stubs or offer letters and they donrsquot answer verification requests over the phone For these ask the tenant for a bank statement showing their regular deposits This works whether they are paid by cash or check Add up their regular deposits and create your own ldquopseudo pay stubrdquo with their average earnings

Watch out for transfers between accounts A dishonest tenant could move money back and forth between accounts to create the appearance of cash flow Ask to see the statement for the other accounts if there is heavy transfer activity

HOW CAN LANDLORDS VERIFY SALARY AND GOVERNMENT BENEFITS THIS ARTICLES GIVES SOME TIPS AND TRICKS

7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

MassLandlords Newsletter bull 5

JuLy 2016

TAX RETURNSTax returns can serve as proof of income for very stable applicants who donrsquot want to share bank statements but who donrsquot have pay stubs either Some examples a senior living off of substantial savings or retirement accounts a business owner with regular dividends or distributions or a self-employed person working at their own business Look for a pattern of consistently adequate earnings over several years if possible

TENANTS WHO OPERATE ALL-CASHThe cash economy hurts rental applicants badly If they never deposit the money in their account and never claim it on their taxes there is no way for a landlord or any other third party to verify the income unreported tips under-the-table wages and lucrative side hobbies cannot be counted by scrupulous landlords on the rental application you can safely deny such applicants on the basis of ldquoproved income is inadequaterdquo

Some special circumstances call for exceptions Expert hair stylists tattoo artists piercers waitresses musicians and other artists in the right setting if they are very good at their job and if they are working at an establishment of some renown might be reliable all-cash tenants without any proof of income For instance you might know that your applicant is employed at a local tattoo parlor which draws in patrons from around the country that this parlor is almost all-cash (there is such a place in Worcester MA for instance) and that

your applicant is somewhat famous and sought-after in his or her field

If you have this perfect alignment you can waive the income requirement on an application Write down the reasons why you know this person is famous in their field write down the fact that their business is all-cash in-and-out and write the time and date you verified their active employment at their venue For instance ldquoTenant all-cash but asserts ability to pay rent Has 20000 Instagram followers Visited her at work on 615 to confirm employment as indicatedrdquo Remember that this is an exception for relatively famous people and should be used rarely if ever Most all-cash applicants should be advised to get and use a bank account and reapply in the future

TENANTS WITHOUT JOBS NEED PROOF OF SUBSIDYTenants without jobs can still have income Federal programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) give a regular stipend to the blind aged and disabled Applicants with SSI or SSDI can request a ldquobenefit verification letterrdquo This benefit is the only way they can afford to pay rent you can require such applicants to produce this

Other programs like the Housing Choice Voucher Program (Section 8) or the Massachusetts Rental Voucher Program (MRVP) are designed to eliminate the income portion of a

landlordrsquos application They guarantee that the tenant will not pay more than one-third of their gross income to rent For these tenants you need a benefit verification letter from their voucher administrator

Other applicants may come with still other subsidies There is a seemingly limitless supply of sources of funding Whatever they claim to have make sure as the landlord you get proof of this subsidy income There is a risk of fraud but there is a far greater risk that the tenant is misinformed about their own subsidy They might think they can afford your apartment but in reality perhaps the subsidy isnrsquot as valuable as they thought This is a common mistake with participants in programs like HomeBASE

WATCH FOR DISCRIMINATION IN WORDINGAsking tenants to prove their salary is different from asking for proof of income Donrsquot ask for proof of salary or wages This could be misconstrued as a signal that you will not rent to subsidized tenants Ask for proof of income and you should be legally covered When in doubt consult with an attorney about your screening practices

We hope this article has helped you to think of some new ways to collect proof of income Itrsquos a critical piece of your rental application and tenant screening process Collect proof of income from all applicants and you can be sure to maximize your chances of success in the rental business Good luck ML

800-982-7239 508-753-3632

MassLandlordsnet Members save $5

bull windows bull siding bull doors bull screens bull skylights bull repairs

bull section 8 emergencies

A-1 Wholesale Window amp Siding Co

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

4 bull MassLandlords Newsletter

Landlords and rental managers should verify an applicantrsquos ability to pay rent on an ongoing basis This is why we ask for ldquoproof of incomerdquo on a rental application What counts as proof of income How can landlords verify salary and government benefits This article gives some tips and tricks for verifying income on a rental application

PAY STUBSThe most common proof of income is looking at pay stubs Pay stubs have the advantage of being familiar Many applicants are already prepared to share their pay stubs with landlords

Pay stubs are also hard to forge Typically they will have a

payroll companyrsquos logo or other corporate brand be formatted to fit on smaller paper and have numbers that follow patterns (For instance you can compare social

security withholding to gross income If the stub is

forged the numbers will likely be random and very wrong)

The disadvantage of pay stubs is that they are rearward-looking you canrsquot

tell from an applicantrsquos past earnings whether they are still employedFor hourly workers ask

for pay stubs in sequence for as long a time period as you need to feel comfortable An applicant with a varied

schedule week-to-week might need to present six pay stubs before you get a reliable measure of their average earnings Check the dates on pay stubs carefully to look for missing pay stubs This might indicate that the tenant has told you they work harder than they actually do Missing pay stubs should be counted as ldquozero incomerdquo for the period

For salaried workers check that the total compensation is roughly the same period-to-period

OFFER LETTERAnother common proof of income is a recent offer of employment on company

letterhead This is forward-looking and indicates the salary or hourly rate Be careful offer letters are often conditional upon things like drug tests which the applicant may not yet have passed Offer letters may also have expiration dates

Offer letters can be accepted as proof of income most easily when a tenant has arrived new in town and hasnrsquot yet started work

EMPLOYER PHONE VERIFICATIONSmall businesses are often able to verify employment and compensation over the phone Larger corporations may have outsourced this with a company like The Work Number for instance If the applicant gives you the number to call try to verify it independently They could have given you their friendrsquos number and given their friend a script to lie to you An independently verified phone number can be a fast and forward-looking way to verify employment up-to-the-day

BANK STATEMENTSSome applicants work at smaller businesses that canrsquot provide any of the above proof of income for their employee They donrsquot produce pay stubs or offer letters and they donrsquot answer verification requests over the phone For these ask the tenant for a bank statement showing their regular deposits This works whether they are paid by cash or check Add up their regular deposits and create your own ldquopseudo pay stubrdquo with their average earnings

Watch out for transfers between accounts A dishonest tenant could move money back and forth between accounts to create the appearance of cash flow Ask to see the statement for the other accounts if there is heavy transfer activity

HOW CAN LANDLORDS VERIFY SALARY AND GOVERNMENT BENEFITS THIS ARTICLES GIVES SOME TIPS AND TRICKS

7 Ways You Can Collect a Rental Applicantrsquos Proof of Income

MassLandlords Newsletter bull 5

JuLy 2016

TAX RETURNSTax returns can serve as proof of income for very stable applicants who donrsquot want to share bank statements but who donrsquot have pay stubs either Some examples a senior living off of substantial savings or retirement accounts a business owner with regular dividends or distributions or a self-employed person working at their own business Look for a pattern of consistently adequate earnings over several years if possible

TENANTS WHO OPERATE ALL-CASHThe cash economy hurts rental applicants badly If they never deposit the money in their account and never claim it on their taxes there is no way for a landlord or any other third party to verify the income unreported tips under-the-table wages and lucrative side hobbies cannot be counted by scrupulous landlords on the rental application you can safely deny such applicants on the basis of ldquoproved income is inadequaterdquo

Some special circumstances call for exceptions Expert hair stylists tattoo artists piercers waitresses musicians and other artists in the right setting if they are very good at their job and if they are working at an establishment of some renown might be reliable all-cash tenants without any proof of income For instance you might know that your applicant is employed at a local tattoo parlor which draws in patrons from around the country that this parlor is almost all-cash (there is such a place in Worcester MA for instance) and that

your applicant is somewhat famous and sought-after in his or her field

If you have this perfect alignment you can waive the income requirement on an application Write down the reasons why you know this person is famous in their field write down the fact that their business is all-cash in-and-out and write the time and date you verified their active employment at their venue For instance ldquoTenant all-cash but asserts ability to pay rent Has 20000 Instagram followers Visited her at work on 615 to confirm employment as indicatedrdquo Remember that this is an exception for relatively famous people and should be used rarely if ever Most all-cash applicants should be advised to get and use a bank account and reapply in the future

TENANTS WITHOUT JOBS NEED PROOF OF SUBSIDYTenants without jobs can still have income Federal programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) give a regular stipend to the blind aged and disabled Applicants with SSI or SSDI can request a ldquobenefit verification letterrdquo This benefit is the only way they can afford to pay rent you can require such applicants to produce this

Other programs like the Housing Choice Voucher Program (Section 8) or the Massachusetts Rental Voucher Program (MRVP) are designed to eliminate the income portion of a

landlordrsquos application They guarantee that the tenant will not pay more than one-third of their gross income to rent For these tenants you need a benefit verification letter from their voucher administrator

Other applicants may come with still other subsidies There is a seemingly limitless supply of sources of funding Whatever they claim to have make sure as the landlord you get proof of this subsidy income There is a risk of fraud but there is a far greater risk that the tenant is misinformed about their own subsidy They might think they can afford your apartment but in reality perhaps the subsidy isnrsquot as valuable as they thought This is a common mistake with participants in programs like HomeBASE

WATCH FOR DISCRIMINATION IN WORDINGAsking tenants to prove their salary is different from asking for proof of income Donrsquot ask for proof of salary or wages This could be misconstrued as a signal that you will not rent to subsidized tenants Ask for proof of income and you should be legally covered When in doubt consult with an attorney about your screening practices

We hope this article has helped you to think of some new ways to collect proof of income Itrsquos a critical piece of your rental application and tenant screening process Collect proof of income from all applicants and you can be sure to maximize your chances of success in the rental business Good luck ML

800-982-7239 508-753-3632

MassLandlordsnet Members save $5

bull windows bull siding bull doors bull screens bull skylights bull repairs

bull section 8 emergencies

A-1 Wholesale Window amp Siding Co

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

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HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 5

JuLy 2016

TAX RETURNSTax returns can serve as proof of income for very stable applicants who donrsquot want to share bank statements but who donrsquot have pay stubs either Some examples a senior living off of substantial savings or retirement accounts a business owner with regular dividends or distributions or a self-employed person working at their own business Look for a pattern of consistently adequate earnings over several years if possible

TENANTS WHO OPERATE ALL-CASHThe cash economy hurts rental applicants badly If they never deposit the money in their account and never claim it on their taxes there is no way for a landlord or any other third party to verify the income unreported tips under-the-table wages and lucrative side hobbies cannot be counted by scrupulous landlords on the rental application you can safely deny such applicants on the basis of ldquoproved income is inadequaterdquo

Some special circumstances call for exceptions Expert hair stylists tattoo artists piercers waitresses musicians and other artists in the right setting if they are very good at their job and if they are working at an establishment of some renown might be reliable all-cash tenants without any proof of income For instance you might know that your applicant is employed at a local tattoo parlor which draws in patrons from around the country that this parlor is almost all-cash (there is such a place in Worcester MA for instance) and that

your applicant is somewhat famous and sought-after in his or her field

If you have this perfect alignment you can waive the income requirement on an application Write down the reasons why you know this person is famous in their field write down the fact that their business is all-cash in-and-out and write the time and date you verified their active employment at their venue For instance ldquoTenant all-cash but asserts ability to pay rent Has 20000 Instagram followers Visited her at work on 615 to confirm employment as indicatedrdquo Remember that this is an exception for relatively famous people and should be used rarely if ever Most all-cash applicants should be advised to get and use a bank account and reapply in the future

TENANTS WITHOUT JOBS NEED PROOF OF SUBSIDYTenants without jobs can still have income Federal programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) give a regular stipend to the blind aged and disabled Applicants with SSI or SSDI can request a ldquobenefit verification letterrdquo This benefit is the only way they can afford to pay rent you can require such applicants to produce this

Other programs like the Housing Choice Voucher Program (Section 8) or the Massachusetts Rental Voucher Program (MRVP) are designed to eliminate the income portion of a

landlordrsquos application They guarantee that the tenant will not pay more than one-third of their gross income to rent For these tenants you need a benefit verification letter from their voucher administrator

Other applicants may come with still other subsidies There is a seemingly limitless supply of sources of funding Whatever they claim to have make sure as the landlord you get proof of this subsidy income There is a risk of fraud but there is a far greater risk that the tenant is misinformed about their own subsidy They might think they can afford your apartment but in reality perhaps the subsidy isnrsquot as valuable as they thought This is a common mistake with participants in programs like HomeBASE

WATCH FOR DISCRIMINATION IN WORDINGAsking tenants to prove their salary is different from asking for proof of income Donrsquot ask for proof of salary or wages This could be misconstrued as a signal that you will not rent to subsidized tenants Ask for proof of income and you should be legally covered When in doubt consult with an attorney about your screening practices

We hope this article has helped you to think of some new ways to collect proof of income Itrsquos a critical piece of your rental application and tenant screening process Collect proof of income from all applicants and you can be sure to maximize your chances of success in the rental business Good luck ML

800-982-7239 508-753-3632

MassLandlordsnet Members save $5

bull windows bull siding bull doors bull screens bull skylights bull repairs

bull section 8 emergencies

A-1 Wholesale Window amp Siding Co

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

6 bull MassLandlords Newsletter

ARTIClE YOu MAY HAVE MISSED

HuD Bans Convictions (not just Arrests) as Automatic Disqualifier on Rental ApplicationsFull article at MassLandlordsnetblog

Excerpt As of Monday April 4 2016 the united States Department of Housing and urban Development (HuD) may begin prosecuting landlords who use criminal history as a blanket disqualifier on rental applications

Fordrsquos Pest of the Month CrabgrassCrabgrass is an herbaceous annual plant Annuals are plants that begin as seed and die in the same given year In the spring crabgrass germinates when soil temperatures (not air temperatures) reach 56 degrees for a consecutive three days in a row This plant will mature to a full plant which will reproduce seeds for the following year The plant browns and dies off in the fall when cool weather approaches Each plant is known to produce over 150000 seeds

For future reference it is very common to get crabgrass along

walkways driveways and hot spots such as sandy soils or bare exposed soil where soil temperatures increase quickly Also slow growing turf from poor cultural practices such as inadequate watering and low mowing will allow crabgrass and many other weeds to germinate

usually by the first week of May crabgrass has begun to germinate Each passing day beyond germination pushes it a little further beyond our control Late applications will give you limited control In this situation you must expect crabgrass

during this season In the coming year we will control around 85 of the crabgrass and each year after it will increasingly get better If service is performed before May 1 we will continue our efforts and spot spray with a post emergent herbicide to reduce the number of plants Post emergent can take over 14 days before seeing results

Chris FordVice President Lawn Care Division

Marcel Breuer ndash Department of Housing and Urban Development Headquarters

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 7

JuLy 2016

Westfield Police are cautioning landlords to be vigilant when renting units to new tenants after some were targeted in a check scheme recently

The scammers are hitting landlords on the off-campus housing list They contact them by phone or email then send a check for the deposit The problem however is the check is made out for more than is owed The thieves then ask the landlord to send the difference The landlord realizes theyrsquove been had when the check bounces and they are now out the entire amount of the check

According to the Westfield Police two landlords were approached so far but neither fell victim to the scheme

The moral of this story is Be wise These are your properties make sure to fully vet the potential tenants so yoursquore not schemed ML

Donrsquot be Scammed

ACCORDING TO THE WESTFIELD POLICE TWO LANDLORDS WERE APPROACHED SO FAR BUT NEITHER FELL VICTIM TO THE SCHEME

Protect Your Hometel 508-791-1141infoJJMInsurancecomfax 508-753-5630

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

Q MY PROPERTY ABUTS ANOTHER ON A NEIGHBORING STREET AT THE REAR OF THE LOT NON-TENANTS ARE WALKING THROUGH MINE IN ORDER TO ACCESS THE OTHER PROPERTY I HAVE ALREADY TALKED TO THE NON-TENANTS BUILT A FENCE AND POSTED NO-TRESPASSING SIGNS THERE IS NO EASEMENT OR RIGHT OF WAY I BELIEVE THEY HAVE STOLEN SOMETHING OFF MY PROPERTY AND MAY BE SELLING DRUGS WHAT CAN I DOThis is a bad situation your tenants donrsquot want to see non-residents walking past their back door conducting drug deals or taking their stuff

you have already done all the correct things (you are brave for talking to these people and asking them to stop walking through) There are some self-help options and some government-help options

First call your local police department and tell them you have heard of drug dealings and want them to stake the place out Some cities maintain a separate ldquovicerdquo unit for drugs and prostitution They can do this discretely to gather evidence you can help them by asking your tenants to do the same Note the people the time of arrival and departure and any vehicle registrations you can see

Second consider self-help thick axle grease smeared along the

Questions and Answers

top of the fence will prevent most people from climbing over it twice Be careful if itrsquos obvious that you have done this they will be angry at you Donrsquot get caught you can also plant roses or pyracantha as a natural ldquobarbed wirerdquo but these will need time to grow

ADAPTED FROM OUR MESSAGE BOARDS WHERE MEMBERS CAN ASK QUESTIONS AND GET ANSWERS PRACTICING LANDLORDS AND SERVICE PROVIDERS ANSWER QUESTIONS AND WE COMBINE THE BEST ANSWERS INTO ONE HERE

Razor wire or barbed wire is one way to stop trespassers By Mr Granger Wikipedia

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

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HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 9

JuLy 2016

Massachusetts law about barbed wire establishes a one-time fine for placement within 6rsquo of the ground if along a public way which is not applicable to your situation unless you have an easement or something like power lines running behind the lot

Local city ordinance will rule in most cases on barbed wire The City of Cambridge once proposed to ban barbed wire but it doesnrsquot appear to be

enacted in the current zoning regulations The City of Worcester zoning is also mute on barbed wire although it has a lot to say about fences

Q I COLLECTED SECURITY DEPOSITS AND AFTER REVIEWING THE MASSLANDLORDS CHECKLIST IrsquoVE DETERMINED THAT I DID NOT CONFORM 100 CAN I MAKE IT BETTERThank you for reviewing the security deposit checklist Whether you can make it better depends on your relationship with the tenant and which part of the law has not been complied with The default advice is ldquoGive the security deposit backrdquo

you may be able to keep the security deposit if you have a good relationship with your tenants If they decide to take you to court they may be able to get triple damages depending on which mistakes you made

The best way to do it would be to close out whatever account you have the deposit in now and write them a

check for the security deposit amount plus interest The law allows you to take a deposit mid-tenancy as long as it doesnrsquot ever exceed one monthrsquos rent After the first deposit is given back take a second one Then follow the checklist to the letter on this second deposit

If you end up in court the security deposit you have was taken mid-tenancy and the judge should (we canrsquot guarantee this) should only look at what happened for that particular deposit

The intent of the triple damages is the presumption that the deposit has been lost in its totality Returning the first deposit should (we canrsquot guarantee this) should eliminate that presumption

If you end up in court and the attorney says to give the first or second deposit back do it without hesitation ML

Do you Screen lt4 Tenants Per YearWe wrote an article a while back comparing screening options

Small landlords who want to see a real FICO score without an on-site inspection should click the SmartScreen ad were now running on the site Each SmartScreen report you order by clicking from MassLandlordsnet supports our work

NO SITE INSPECTION REQUIREDMany landlords were grandfathered in and never had site inspections New landlords usually need to be inspected New small landlords operating out of their kitchen cannot pass an on-site inspection This is why we looked for (and found) SmartScreen

THE BEST VALUE FOR LOW VOLUME SCREENERSIf you have fewer than four vacancies a year SmartScreen is the cheapest way to get real

credit data If you have four vacancies or more each year you can save money with another service by paying their monthly or annual fees in exchange for a lower per-report cost

SmartScreen has no monthly or annual fee Some competitors are cheaper but they dont give real credit data they only give you a surrogate score Be careful If you dont get an actual FICO score you are paying for someone else to evaluate the tenants credit You get what you pay for

Note members can log in to get a coupon code for discounts

MassLandlords receives an affiliate commission for each screening report processed

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

10 bull MassLandlords Newsletter

On June 23 2016 the Massachusetts Supreme Judicial Court affirmed that a homeless person can be cleared of criminal trespass charges if they trespassed to save their life Thatrsquos all well and good but the case appears to have been about a Great Barrington MA property owner who trespassed into an ice cream parlor in June among other adventures

As reported by the Boston Globe David Magadini of Great Barrington was arrested for criminal trespass on three properties in February March April and June 2014 seven charges total Six of the convictions were vacated in the recent decision and sent for retrial

The Globe does not explain what the SJC decision does namely that Magadini had had a no-trespass order filed against him for entering SoSo Creamery an ice cream shop in January and that he re-entered the following June against court order during business hours simply to relieve himself There was no emergency The court upheld this conviction

The Globe called MassLandlords asking for a comment on the case giving less than four hours to research and reply We declined and good thing because the case gets weirder

MAGADINI MAY HAVE A HOME AND MONEYThe Globersquos tissue thin reporting fails to investigate what may be common knowledge in Great Barrington that Magadini may be himself a homeowner

According to MassLandRecordscom one David Magadini is the deed holder of record for 78 Christian Hill Rd Great Barrington MA (Online comments on the Boston Globe Article tipped us off to this possibility)

MassLandlords could not verify whether this was the same David Magadini but the circumstantial evidence is intriguingbull The primary Google search or

whitepages results for the name ldquoDavid Magadinirdquo indicate that it may be unique in Massachusetts

bull The Berkshire Edge wrote a story on ldquoThe Mayor of Main Streetrdquo and called his way of life ldquoeccentricrdquo but stopped short of saying he chooses to live on the street

bull On December 2 2015 a different paper the Berkshire Eagle posted on Facebook that Magadini ldquohas opted to live on the streetsrdquo

bull The SJC filing notes that the lower courts judged Magadini has having failed to demonstrate inability to afford a hotel room

MassLandlords asked a Great Barrington local to comment on the record but they declined Does Magadini have means or not

THE BOSTON GLOBE DID A LOUSY JOB WITH THIS STORYThis story is being heralded as a landmark decision but in fact it is a narrow ruling affirming existing laws And the ldquoposter childrdquo for homelessness may in fact be a wealthy but eccentric trespasser

The Globersquos quoting practices are especially lamentable MassLandlords wasnrsquot

No Trespassing Unless anyone wants ice cream

even able to comment in time and consider what was said by Kelly Turley homelessness advocate at the Mass Coalition for the Homeless

Turley said ldquoAs any one of us likely would do in similar circumstances he [Magadini] found warm places to stay even though he was not welcome there in order to survive in a harsh New England winterrdquo

Amen to the sentiment No human being would tell a homeless person to go die in the cold But we doubt the Globe told Turley about or gave her time to discover for herself the June ice cream trespass or Magadinirsquos alleged wealth either of which might have shifted the direction of her quote

The picture being painted is not homelessness per se but the decline of journalism or to be more generous with the Globe mental health at best Great Barrington has a shelter Magadini was denied entry The SJC decision states ldquoHe was told to leave because of lsquocertain issuesrsquordquo Was he being

BOSTON GLOBE UNQUESTIONINGLY REPORTS POSSIBLE HOMEOWNER AS HOMELESS PERSON IN TRESPASS CASE

The Berkshire Eagle posted to their Facebook page that David Magadini has chosen to live as a homeless person

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 11

JuLy 2016

disruptive to the other tenants This could signal mental health troubles

But were the ldquocertain issuesrdquo an oblique reference to Magadinirsquos alleged choice to live outside of his home The shelter staff might wish to house only those who actually need shelter They may have known as perhaps locals do that Magadini may have had means

There is a story here but it is not the one reported

NO IMPACT ON THE LAWThe justices for their part appear to have produced a technically correct decision especially in demanding retrials

They have affirmed the criminal conviction for the June trespass in the ice cream shop They have affirmed established law Itrsquos bizarre that they have reversed the detailed investigations of the lower courts who could have prevented criminal trespass convictions if the facts of the case had merited it But the law requires certain procedural disclosures about the ldquodefense of necessityrdquo and these were not made so the case must be retried

In any event this is not the case the homelessness advocates were hoping for nor the landlords nor anyone really except the ACLu defense attorneys

QUESTIONS UNANSWEREDOverall this case highlights the extreme inadequacy of our current approach to

homelessness mental health private property andor journalism We honestly canrsquot tell which As a Commonwealth we spend hundreds of millions of dollars a year in tax revenue to help and shelter the homeless Is the system a failure for this individual Something seems to have gone wrong here Why was he denied shelter Why are we still tying up public resources retrying his trespasses What is going on

ADVICE FOR LANDLORDS THE FEAR OF SQUATTING AND TRESPASS IS REALMassachusetts has some of the toughest housing laws in the country One Warren landlord we spoke with Ron Bernard had squatters in his vacancy all winter

Bernard said ldquoThere was little that the police could do about it other than keep an eye on the place to ensure peace was maintainedrdquo

Bernardrsquos tenants were eventually enticed to leave He said ldquoTheyrsquore still on the hook at housing court for rent and damages but thatrsquos purely academicrdquo Bernard was referring to the inability to collect on court judgments in Massachusetts

Landlords interested in keeping control over their property whether residential or commercial should use the recent SJC case as motivation to conduct a security audit of all the properties Do fences and gates restrict

common areas Are doors hatches and windows lockable from the inside Are tenants and staff properly trained in the use of these locks Does the building need electronic surveillance or a security system Are there obvious unsecured means of entry Landlords should walk around each building to see

CONCLUSIONuntil our society can help every last individual with their particular idiosyncratic needs we will continue to have disagreement over property and space

Try to avoid having your business become the proverbial ldquoGreat Barrington ice cream shoprdquo you wonrsquot know why theyrsquore there you wonrsquot be able to prosecute them but you can be glad when the misreported stories shrink back into the margins and like so many of the genuinely homeless just seem to disappear ML

Need a Bookkeeper Newly Added to Our Service Provider DirectoryMembers can search MassLandlordsnetDirectory for local service providers reviewed by other members If youre a non-member you might want to Google the following recent additionsbull Champagne Bookkeeping and Tax in Leominster

(member recommendation)bull Dust to Diamond Cleaning in Worcester (one new recommendation)bull Stephen Lapomardo Constable in Central

Mass (one new recommendation)bull and many more

Any member can recommend a service provider We have recommendations from Springfield to Boston Email directorymasslandlordsnet with a name their trade and a review

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

Loans are subject to credit approval Commerce Bank is a registered service mark in Massachusetts of Commerce Bank amp Trust Company copy2015 Commerce Bank amp Trust Company Commerce Bank member FDIC Equal Housing Lender All rights reserved

wwwBankAtCommercecom

Commercial Real Estate LoansAs a major provider of loans that have contributed to Central New Englandrsquos growth Commerce Bank specializes in financing office industrial retail healthcare and apartment buildings

Contact our team of commercial real estate lenders today to discuss how we may help your business and finance your next commercial real estate project

Call 800698BANK (2265)

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 13

JuLy 2016

A loose door hinge with stripped screw holes can be very annoying The door wonrsquot close or wonrsquot stay closed and the only solution seems to be a big carpentry job Do you really have to remove the jamb and place in a new one No Fortunately therersquos a fast and easy way to fix a loose door hinge

Remove the loose screws from the hinge Fold the hinge away Support the door if necessary by shimming underneath the far end with a rag or folded paper

Those who need help with housing will soon have one more option in Waltham

The City Council in January voted to use $21 million of the Community Preservation Act (CPA) monies to fund vouchers for 50 families in Waltham The CPA was passed by voters in 2005 and puts a 2 surcharge on property taxes after the first $100000 The money collected can be used for open space recreation historic preservation or affordable housing

The voucher program has a proposed three-year timeline during which the funds would go to the Waltham Housing Authority which would in turn give the subsidies to the landlords involved

According to Waltham Wicked Local the city has $213 million in CPA funds available but only $300000 is being used for affordable housing despite a requirement that 10 be used for the cause

The new Waltham voucher program could breathe new life into the effort around housing accessibility and offer hope to those who havenrsquot been able to take advantage of outdated programs like Chapter 40B which has been around since 1969

Chapter 40B allows new developments to bypass local zoning bylaws in order to increase the amount of affordable housing in towns that donrsquot have 10 yet

Local Voucher Program Approved

(or if you have one an actual wooden shim)

Insert something wooden into the hole A perfectly sized dowel makes for a professional looking job But wersquove heard of all kinds of things being used from golf tees to chopsticks Insert whatever it is yoursquore using with a little wood glue If necessary

The difference between this and the Waltham voucher program is that 40B doesnrsquot have subsidies Rather it is expected the developer will absorb the difference between the affordable units and the market value units

The Waltham program which was proposed by the Waltham Alliance to Create Housing (WATCH) and its Tenant Action Group (TAG) will ldquoensure that tenantsrsquo rents are only 30 of their income While more permanent low-income housing options are needed this was a huge step forward that only happened because of the community organizing efforts of WATCH and the residents of Walthamrdquo The program will start as soon as the contract between the city and Waltham Housing Authority is approved

According to WATCH ldquoWith almost 6000 households income-eligible for the voucher and 5 of the cityrsquos residents living in overcrowded or substandard housing the need in Waltham is pressingrdquo

Paul Brasco an opponent on the City Council said that initially the state was

How to Fix a loose Door Hinge

use a chisel or a Dremel rotating tool to cut the ends flush with the hinge surface

you can now drill straight into the wooden insert to replace the screws Voila door fixed ML

matching 100 of CPA funds but has now cut back According to Rep Tom Stanley that is nothing new When the CPA passed the state said it would match as much as it could but would not be able to maintain 100 matching as more towns adopted it the funds wouldnrsquot exist to maintain that level

To consider Why does the city need a new voucher system when federal and state programs exist Would more education help landlords and tenants understand options available to them MassLandlords will continue to follow and report on this ongoing issue

YOUR TURN What do you think about the program Is it needed Tell us here commentmasslandlordsnet ML

Plastic chopsticks (top) are to be avoided Wooden chopsticks (center) can work Image CC-SA Aevar Arnfjoro Bjarmason

THE VOUCHER PROGRAM HAS A PROPOSED THREE-YEAR TIMELINE DURING WHICH THE FUNDS WOULD GO TO THE WALTHAM HOUSING AUTHORITY WHICH WOULD IN TURN GIVE THE SUBSIDIES TO THE LANDLORDS INVOLVED

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

Member FDIC l Member DIF

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 15

JuLy 2016

Spring came early that year and Larry Landlord was looking forward to his many renovation projects Chief among these was a shower renovation to replace a plastic surround with tile Little did he know his renovation would be a case study in how not to hire and manage contractors

Larry heard about Cassidy Contractor through his local landlord network Cassidy had presented at a meeting and came recommended by a non-landlord homeowner with a beautiful mansion Certainly anyone with a mansion would only hire a good contractor Larry called Cassidy

to meet at the property and give a quote

ldquoWe donrsquot give quotesrdquo Cassidy said when he arrived at the property ldquoWe only work to estimates because we donrsquot know what wersquoll find when we demolish the walls The job could be short or it could be longrdquo

Larry thought that seemed reasonable He had an old house maybe the walls underneath would be partly rotten or uneven or who knows what Larry listened while Cassidy looked at the shower and explained everything he would do

The Shower Disaster of Cassidy Contractor A Tall Tale

Tired of being a Landlord SELL US YOUR MULTIFAMILY

HamptonPropertiesLLCcomWe specialize in short sales All information will be kept confidential508-799-7655

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

16 bull MassLandlords Newsletter

Larry had a list of questions written down in advance Cassidy answered some of them during his sales pitch and then Larry asked the rest

ldquoAre you keeping the shower rod Do you tile all the way up to the ceiling What will it look like here at the edge of the existing wallrdquo Cassidy answered all of these questions to Larryrsquos satisfaction

This apartment was occupied by long-term tenants The renovation was a thank-you gift for renewing their lease They were looking forward to their new shower They were there listening

as Cassidy and Larry spoke and then they asked their own questions

ldquoWhat color tile will it be Can we have a new showerhead Can we have a stripe of different colored tilerdquo Cassidy pointed the landlord to a local tile supplier and said the landlord could pick all this out Larry told the tenants hersquod get some samples and show them Larry was such a good landlord

When all the questions were answered Cassidy explained that he did all his estimating on Fridays He would prepare his written

estimate on Friday and would send it over the following Monday

WELL ARE YOU READY TO STARTLarry was delighted to see the estimate come in under $2000 including the tile which he felt was low for so much work He called Cassidy and said ldquoLetrsquos do itrdquo Larry hadnrsquot thought to check Cassidyrsquos insurance or contractor registration He hadnrsquot received multiple estimates or quotes from multiple contractors He trusted the recommendation

Solar in MA What Why and WhenBy Andrew Miller

SO MANY QUESTIONS SO LETrsquoS BREAK IT DOWN TO MAKE SENSE OF ALL THE HUBBUB

What Solar Photovoltaic (PV) systems (aka solar farms rooftop solar systems) have become increasingly prevalent as seen in various parts of the Commonwealth including along highways and the MassPike The significant increase of these solar PV systems cannot help but provoke curiosity

What key factor has fueled the growth of the industry Answer A solar PV system in MA benefits from two sources of revenues

1 Proceeds from the sale of power as would be expected and

2 The sale of Solar Renewable Energy Certificates (SRECs) earned by virtue of the power produced (1 Megawatt-hour (MWhr) = 1 SREC) by qualified solar PV systems

The current (second) iteration of the SREC program SREC II has been lucrative so much so that typically the revenue from SRECs is more than the revenue from the sale of power generated during a production year The sale of power is either contracted via a power purchase agreement (PPA) or a net metering credit sales agreement

(NMCSAs) Power produced by a solar PV system goes into the power grid and the entity that owns the solar PV system earns net metering credits The net metering credits can then offset the electric bill (Analogy Think of getting say a $50 gift card You can use to help pay for the dinner bill)

Why The cost of solar Photovoltaic (PV) systems has come down significantly in the last several years As a result the economics work in the current incentive environment (ie SREC II)

Investment in a solar system is usually recouped in 7-10 years and 10 years is the typical term of solar loans in MA The life of solar systems is typically 30 years and often more

Note A study commissioned by the Commonwealth determined that solar system ownership is significantly more beneficial than simply buying the power while anotherthird party owns (TPO) the system In such a case the property owner enjoys some of the benefits but most of the benefits go to the system owner

Caution Buying power from a solar PV system on your roof but owned by another party (TPO) has a hidden risk which can be significant You may have trouble getting a mortgage since the TPO will have a lease on at least a portion of your roof

Avidia Bank can provide high LTV solar financing and at competitive rates and terms

Property owners can get a no obligation estimate of a solar system cost and feasibility

When The SREC II caps had recently been reached but the state has essentially extended it until the end of 2016 Since many in the industry expect the next incarnation of the SREC program (likely to be dubbed SREC III) expect it to be less lucrative than SREC II there is a narrow window of opportunity to take advantage of the SREC II extension If this timing doesnrsquot work SREC III is still anticipated to sustain the attractiveness of the solar industry to investors albeit to a lesser degree

Next Steps If there is interest a seasoned and well-respected solar developer representative or team can host an information meeting to educate and address questions and concerns Possible on the spot feasibility check Once an estimate is determined and an initial financial model is developed can explore financing with Avidia Bank

Andrew Miller is Commercial Relationship Officer at Avidia Bank He can be reached at (774) 760-1252 and amilleravidiabankcom

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 17

JuLy 2016

and his gut feel He didnrsquot need a written contract This approach had served Larry well in the past

Cassidy said that in order to schedule a job Larry would need to send $700 as a pre-payment Larry mailed a check that morning and waited

The check was cashed but Cassidy didnrsquot call

Larry waited And waited After two weeks of silence Larry called

and left a voicemail Cassidy still hadnrsquot told him the start date Larry called back two weeks after that Then he called every week for three weeks One morning in May Cassidy rang him at 730 am Cassidy apologized and explained that he had injured himself He would be able to start the work in July

Larry was so relieved to get back in touch that he merely said ldquoOh Irsquom so sorry yoursquove been injured July is finerdquo He never thought to ask what had happened Cassidy had stubbed his toe

Larry asked Cassidy to schedule the work with the tenants

RENOVATION DAY ONECassidy and his assistant showed up at the job site at 7 am on Monday July 6 He knocked on the tenantsrsquo door and one of the tenants answered bleary-eyed and in a bathrobe They hadnrsquot received notice of the start date and refused to let Cassidy in just then Cassidy called Larry

ldquoDidnrsquot you schedule this with themrdquo Larry asked very annoyed Cassidy said he had left the tenants

a voicemail before the 4th of July Larry then realized that he never should have let Cassidy be point-of-contact with his long-term tenants Cassidy knew nothing about the rental business

After a quick dial and a long apology to the tenants Larry re-scheduled the job for the following week The tenants had their notice and Cassidy could start work

RENOVATION DAY ONE AGAINThe first day of demolition went smoothly The walls underneath the surround were in excellent shape There was a problem with the shower faucet being set to the wrong depth for the new tile but that could be fixed with light plumbing Cassidy left for the day with the shower area as exposed studs

The tenants had been told to expect no shower for four days Larry initially thought this was too long but after consulting with some other landlords over his local message board he realized that this kind of tile job could take seven to ten days Four days would be a good outcome

Meanwhile the tenants had arranged to shower at a friendrsquos apartment

RENOVATION DAY TWOOn day two Cassidy called Larry early in the morning to apologize He explained that he had an emergency at another job and couldnrsquot work on Larryrsquos place that day Larry was

very unhappy to hear this but told Cassidy to do what he had to do

The next day Larry heard nothing He called over lunch time to see if Cassidy was back at work No answer

Cassidy didnrsquot return to the job site until Friday The shower had been out of service now for five days and only one day of labor had been put in Larry was now furious

All Cassidy said was ldquoIrsquom sorry but this is why we donrsquot sign contracts with late penalties Sometimes we have emergencies we canrsquot controlrdquo

Larry talked to the tenants to try to smooth things over They were understanding but getting concerned

RENOVATION WEEK TWONoise from the prior weekrsquos early morning demolition had disturbed the neighbors in the building next door The City Building Inspector had been notified and drove to Larryrsquos building to see the work for himself

The Inspector was as kind as possible to Larry ldquoIrsquove known you for years Larry and I know yoursquore a good landlord but this is a major bathroom renovation City code requires me to cite you for not pulling a permit Think of it this way if this job is not done to code the permit helps you to pursue the contractorrdquo

Cassidy took offense and said ldquoOf course my work will be done to coderdquo

The inspector thanked Cassidy and Larry for their time said he could get them a permit if they came downtown

wwwdansrubbishcom

508-796-5096WERE FAST AND OFFER COMPETITIVE RATES CALL NOW

PROBLEM TENANTCall the Landlordsrsquo Lawyer

(617) 945-8955The Law Office of Garrett D Lee

wwwmasslandlordlawcom125 Cambridge Park Drive Ste 301

Cambridge MA 02140Handling all disputes with your tenants contractors

and neighbors Evictions lease disputes security deposit personal injury and more

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

18 bull MassLandlords Newsletter

and was on his way Larry left the building feeling somewhat queasy This project was going very badly and the citation made it far over budget

RENOVATION WEEK THREEAfter the permit dispute Cassidy seemed not to be working very much He would show up every day do what looked like a couple hours of cutting and setting then take off It was hard for Larry to know The Tenants would let Cassidy in each morning and Cassidy would lock himself out each evening

Larry confronted Cassidy about this Cassidy explained that the job was more difficult than he thought and he had other jobs with emergency things happening and he was still hurting from his injury ldquoThis is why I said we only work to estimatesrdquo

he said rubbing his shoulder ldquoMy shoulder injury is really badrdquo

By now the tenants had become deeply upset They had worn out their welcome showering at a friendrsquos house and had consulted with a housing attorney about whether they should get reduced rent The attorney had told them about the state sanitary code The landlord must provide either a working tub or shower They had been without both for weeks There was no end in sight

For the first time in six years the tenants did not pay Larry August rent

COST OF A HOTELLarry was furious at himself for hiring Cassidy without a written agreement There was nothing he could do except fire Cassidy and bring in another contractor But the job was so close to

being done He paid for the tenants to have a room at a nearby motel

ldquoyoursquoll reimburse me for this hotel costrdquo Larry shouted at Cassidy Cassidy apologized and said he was doing the best he could ldquoMy hand really hurtsrdquo

ldquoyour handrdquo shouted Larry ldquoI thought you hurt your shoulderrdquo

ldquoBothrdquo exclaimed CassidyLarry left in a huff

TYING UP LOOSE ENDSThe tile job was finished in mid-August Larry thanked his lucky stars that the tenants were happy with the quality of the work He had settled with them for 25 off their August rent

When the bill from Cassidy arrived in the mail Larry nearly choked to death on his morning bowl of corn flakes The bill had invoiced for 80 hours of labor plus materials The copy of the receipt included what looked to him like a brand new tile saw from Home Depot It didnrsquot acknowledge the $700 deposit

Larry called Cassidyrsquos cell phone but Cassidy didnrsquot answer Larry left a very curt voicemail asking Cassidy to call him back as soon as possible Larry set the bill to one side of the kitchen table and determined not to pay it

Larry didnrsquot pay it for many months but Cassidy never replied to Larryrsquos calls Larry decided to send a check in the mail for less than the full amount He calculated what Cassidy should be paid for the original four daysrsquo work plus materials less the tile saw and the deposit and mailed Cassidy a check and a letter

Larry and the tenants lived happily with their new shower for many years until one day Larry decided to sell his property He discovered that way back in August year of the Shower Cassidy Contractor had placed a lien on his property But that my friends is a tale for another time

AND THE MORAL OF THIS STORY ISEven good landlords and good contractors can have terrible experiences with one another Try to get a written agreement that matches the size of the job Hire only with a warm fuzzy that yoursquove thought of all the ways the job can go bad and that expectations are aligned

Want more tall tales Tell us commentmasslandlordsnet ML

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 19

JuLy 2016

The Institute for Justice (IJ) a public interest law firm that fights nationwide for constitutional rights is filing a class-action lawsuit in federal court against the city of Pagedale Mo to stop city officials from incessantly ticketing residents for minor and irrelevant things such as high grass mismatched curtains and sagging pants

The lead plaintiffs in the Pagedale case have received an onslaught of violation tickets from the city for such offenses at their home When they could not keep up with the repairs and fines Pagedale

Lawsuit filed against rental inspections

officials threatened to demolish their home of nearly 20 years while acknowledging that it presented no public safety threat

For those Boston rental property owners who wish a lawsuit would be filed against Bostonrsquos new inspection program they can rejoice in this lawsuit because the Institute for Justice will if necessary take it to the uS Supreme Court where a decision would affect the status of rental inspections across the country Rental inspections are becoming much more common in the uS

The Institute for Justice found that Pagedalersquos reliance on revenue from fines led to ldquoan unprecedented governmental intrusion into the homes of its residentsrdquo Pagedale issued 2255 citations for these non-safety-related offenses last year nearly two per household a 500 increase from five years ago according to the Institute for Justice

Residents can be fined for a long list of ldquoviolationsrdquo such as having a barbecue in the front yard and having a beer within 150 feet of a grill The goal of the lawsuit is not to receive damages and punish the city but to stop the city from violating the constitutional rights of the residents

The owners said that each time they fixed one thing on their home the city inspector would find another reason to fine them and give them more items to fix The fines have added up to $1810 One of the owners works nights at a hospital and had to take out a high-interest payday loan Since the Institute for Justice got involved the home has been taken off the demolition list but the city reserves the right to reclassify the house as a nuisance

Another elderly owner received a letter recently from the city demanding that she make more than a dozen improvements to her home including repainting and having matching curtains Citizens are complaining that even conditions that are not part of the building code such as cracks in the driveway and an unstained fence are being regulated

WHEN THEY COULD NOT KEEP UP WITH THE REPAIRS AND FINES PAGEDALE OFFICIALS THREATENED TO DEMOLISH THEIR HOME OF NEARLY 20 YEARS WHILE ACKNOWLEDGING THAT IT PRESENTED NO PUBLIC SAFETY THREAT

SOCIAl MEDIA

Join the Community on FacebookSometimes we need to get the word out quickly and support one another when disaster strikes By following MassLandlords on Facebook you give us a chance to build our rental real estate community Join the conversation today ML

Article provided by the Small Property Owners Association

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

20 bull MassLandlords Newsletter

tenant-based vouchers instead of project-based ones

According to hudgov Project-based vouchers are a part of public housing agencies and are attached to specific units as long as the owner agrees to renovate build or set aside a certain number for the program Tenant-based vouchers allow the recipients to search for a unit in the private market

The first hurdle for the plaintiffs was getting the court to hear its case The SJC agreed to hear the disparate impact arguments but the burden of proof would be on the plaintiff and would be put to a rigorous litmus test

Once the SJC agreed to hear the case the plaintiffs argued that ldquothe decision violates state and federal fair housing laws as it disproportionately impacts racial minorities the elderly the disabled and other protected classes while serving no legitimate business purpose Federal subsidies would ensure the owners take in the equivalent of market rents they claim

ldquoThe Burbank Apartments owners counter that theyrsquove played by the rules winding down involvement in Section 8 by transitioning qualified residents to portable vouchers and should be allowed to offer their units at market raterdquo according to MassLawyersWeeklycom

In the end the court said the burden of proof by the plaintiffs was not met and the Kargmans were able to end their association with the HAPHousing voucher program

ldquoBecause the Burbank owners had worked to obtain enhanced vouchers for all qualified existing tenants and had even obtained many more enhanced vouchers for tenants who had not previously been subsidized the court held that none of the alleged actions of the owners would justify the imposition of disparate impact discrimination liabilityrdquo according to the Greater Boston Real Estate Board ML

The question of whether landlords could end their association with project-based vouchers after their 40-year mortgage was paid and their contract with HAPHousing expired was answered this past spring when the SJC ruled in favor of the owners according to KampL Gates

The Fenwayrsquos Burbank Apartments Tenants Association along with the Massachusetts Coalition for the Homeless and Fenway Community Development Corporation sued owners William and Robert Kargman when their contract expired with HAP and they decided to go with

SJC OK to End Association with Project-Based Vouchers

The Burbank Apartments website does not list prices The apartments and interior appeared to be marketed as luxury apartments as of June 27 2016

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

MassLandlords Newsletter bull 21

MassLandlords and SPOA staff and volunteers met at the new MassLandlords shared office space in Kendall Square to discuss a fall event series We reviewed the MassLandlords format meeting food choices facility space and possible meeting topics We then voted on which topics we most wanted to see There was heavy emphasis on policy including rent escrow just cause eviction and the possible legalization of recreational cannabis MassLandlords staff have taken the feedback and will coordinate to produce an event in September Stay tuned for details

DESCRIPTION Join us in celebrating our 12th year with members of MWPOA and their guests A complimentary array of foods will be provided Feel free to bring a home-made dessert Best dessert will win a prize Please bring items tenants have left behind for our auction

TUESDAY JULY 12TH

AGENDA 630p Food networking and fun 830p End

LOCATION ldquoThe Pavilionrdquo behind the Moose Lodge 67 Fitchburg St Marlborough MA 01752

FOOD Dinner will be provided Bring your own dessert for entry into our contest

PRICING Free for members and immediate family If your membership shows as lapsed please prepare to renew

Summary of the June 27 Event Planning Meeting

MetroWest Summer PicnicCAMBRIDGE METROWEST

REGIONAlJuLy 2016

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

22 bull MassLandlords Newsletter

REGIONAlJuLy 2016

The Southern Worcester County print newsletter and articles are on vacation until September Have a great summer Save the date for the next meeting Monday September 12

Fordrsquos Hometown Services has partnered with the Bayer CropScience in a major initiative called the ldquoFeed a Beerdquo program to increase and promote the foraging of honey bees and other pollinators

The campaignrsquos goal is to create a diversity of bee-attractant plants by planting 50 million flowers in 2016

To accomplish this the ldquoFeed a Beerdquo initiative will educate consumers about pollinator food shortage

The ldquoFeed a Beerdquo initiative was designed to help bees not only to be better nourished but also to thrive They play a vital role in pollinating many of our fruits such as nuts vegetables apples almonds etc

This is particularly important as the world population is expected to grow to over 9 billion people requiring 70 percent more food by 2050

Improving honey bee health is crucial but lack of diverse sources of pollen and nectar is a major obstacle

Fords Hometown Services would encourage you to stop by our office located at 549 Grove Street Worcester Ma to pick up your own free packet of wildflower seed and while yoursquore here donrsquot forget to check out our live in-house Honey Bee observation hive Our office hours are Monday ndash Friday 8 am till 5 pm Saturdays 8 am until 2 pm

Click the following link to see our Honey Beersquos in action for yourself httpsyoutube8nab4R37DLI

I would like to remind all our RHAGS members we are off for the summer Our next dinner meeting will be in September

I have been reading that foreclosures are on the rise again This is not great news for property owners however it makes for a strong rental market

As RHAGS begins our merger with MassLandlord we will keep you posted with any information you may need

If you have set your membership to auto-renew you will need to go onto the website and make the entry again We apologize for this inconvenience to you

If you wish to contact me for any reason please use this email address presidentrhagsorg or call 413-583-8922

Regards Sheryl

After a monthrsquos delay of the auction the former Simon Mall property known as the Greendale Mall was sold back to its mortgage holder Seyfarth Shaw LLP on June 22 for $118M according to MassLive

The 7 Neponset Rd property built in 1987 boasts 21 acres and nearly 310000 square feet of retail space Potential buyers said the almost $12M bid was too high to challenge especially with the necessary updating according to the Telegram

The buyers who were outbid seem to think itrsquoll be back for sale soon say they are still interested in the property An attorney from Seyfarth Shawrsquos Boston office did not give details on its plans for the mall according to the Boston Business Journal

What do you think the best use of this property would be Email us at commentmasslandlordsnet with your feedback

Newsletter and Meetings Feed a Bee

Presidents Page July 2016

Greendale Mall Auctioned after ForeclosureMALL SOLD TO MORTGAGE HOLDER FOR $118M

SOuTHERN WORCESTER WORCESTER

SPRINGFIElD

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

SERVING PROPERTIES FROM BOSTON TO WORCESTER REDUCE MAINTENANCE COSTS AND INCREASE REVENUE

INCREASE TENANT RETENTION AND REDUCE VACANCY LOSSES PROFESSIONAL SOFTWARE WITH ONLINE ACCESS

TO CRITICAL INFORMATION

wwwscudderbaycom339-219-0300

NEED MORE TIME TO GROW YOUR BUSINESS

Give the day-to-day to an expert

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts

JuLy 2016

24 bull MassLandlords Newsletter

MassLandlordsOne Broadway Floor 14Cambridge MA 02142

SuBSCRIBE TODAY

Perfect to share at the office Priced at-cost for $60 per year Mail your check to MassLandlords PO Box 844570 Boston MA 02284-4570 or join online at masslandlordsnetjoinnewsletterprint

Support better housing policy and housing journalism in Massachusetts