City Hall - 455 Main Street Worcester, Massachusetts

Chairperson Councilor Mero-Carlson read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 3 Yeas and 0 Nays

Chairperson Councilor Mero-Carlson read the item and moved to take the item up collectively with items #3b through #3d and #4a.

Chairperson Councilor Mero-Carlson recognized the following speakers:
1. Arthur Mooradian, Worcester resident, spoke in opposition to the item
2. Richard Froggatt, Worcester resident, spoke in opposition to the item
3. John Nordquist, Worcester resident, spoke in opposition to the item
4. Michael Madulka, Worcester resident, spoke in opposition to the item
5. Richard Oberth, Worcester resident, spoke in opposition to the item
6. Andy Serrato, Worcester resident, spoke in opposition to the item
7. Eric Appleton, Worcester resident, spoke in opposition to the item

Chairperson Councilor Mero-Carlson recognized Councilor Bergman, who discussed whether non-profit organizations such as colleges and universities are subject to the Rental Property Registration Program, whether there is a fee for yearly inspections of colleges and universities, the mandatory inspection policy associated with Section 8 housing and the constitutionality of property inspections with the Deputy City Solicitor and Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson then discussed updated language relative to the city’s property inspection policy, as well as whether there are any fines associated with a tenant refusing the inspection of a property with the Deputy City Solicitor.

Chairperson Councilor Mero-Carlson recognized Councilor Russell, who discussed whether off-campus properties owned by colleges and universities are subject to periodic inspections, the property classifications that are exempted from 5-year inspections and changes made to the Rental Property Registration Program ordinance language with the Interim Commissioner of Inspectional Services and the Deputy City Solicitor.

Chairperson Councilor Mero-Carlson then read multiple amendments to item #3b into the record, which were brought forward by the Law Department and city administration and provided to the Standing Committee, which are listed as follows:

Chapter 9, § 18 - Rental Registry
• Exemption of “newly developed dwellings” (single family, two-family, three-family, and multi-family) that received an occupancy permit on or after September 29, 2022, for a period of 5 years from the date of the occupancy permit.
• Any change in ownership during the 5-year period requires the new owner register within 30 days of taking ownership)
• Owner occupied 2 and 3 family dwellings exempt from program.
• Changes to ordinance from Commissioner of Inspectional Services and City Solicitor (submitted to Committee on 5/1) included Department of Inspectional Services retaining a list of exempted properties and Penalty/Fine section limited to each month constituting a fine (not daily).
• Exempt from State Sanitary Code registration – 2 and 3 family owner-occupied.

Chapter 9, § 19 – Rental Inspections
• Exemption from inspection for any newly developed single family, two-family, three-family, and multi-family rental units, as identified in Section 18 (c), that received an occupancy permit on or after September 29, 2022, for a period of 5 years from the date of the occupancy permit.
• Upon change of ownership, inspections must occur.
• Owner occupied 2 and 3 family dwellings exempt from State Sanitary Code inspections.
• Addition to 19(g), related to building owners’ responsibility, to obtain consent from tenants/occupants for any inspections.
• Changes to ordinance from Commissioner of Inspectional Services and City Solicitor (submitted to Committee on 5/1) included DIS retaining a list of exempted properties & Penalty/Fine section limited to each month constituting a fine (not daily).

Note: Editorial and stylistic changes were also made for formatting purposes.

Councilor Mero-Carlson then provided a detailed description of a form that will be used by the Department of Inspectional Services during inspections titled, “Rental Unit Inspection Consent Form,” which outlines the rights and confirms the consent of inspections for all residents.

Chairperson Councilor Mero-Carlson recognized Councilor Russell, who discussed whether single-family and condo rental properties would fall under periodic inspections, as well as the definition of “periodic area inspections” with the Deputy City Solicitor and Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson then discussed which aspects of a property may be inspected with Councilor Russell.

Chairperson Councilor Mero-Carlson recognized the Interim Commissioner of Inspectional Services, who discussed the historical background of the creation of the Rental Property Registration Program, the number of additional inspectors that have been hired, the start date of the program and the number of property owners that have signed up for the program.

Chairperson Councilor Mero-Carlson recognized the Deputy City Solicitor, who discussed the policy concerning property owners hiring third-party inspectors with the Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson brought forth the following Chairman’s Order: Request City Manager ensure a process that allows third-party companies the ability to complete inspections of rental properties in the city as part of the amended Rental Dwelling Unit Periodic Inspections Program.

Chairperson Councilor Mero-Carlson recognized Councilor Pacillo, who discussed the availability and accessibility of the consent form for inspection and addressing clutter in common area with the Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson recognized Councilor Toomey, who discussed whether an evaluation process is required for the Rental Property Registration Program, as well as the process to address problem properties with the Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson recognized Councilor Bergman, who discussed whether only one person on a lease would be required to sign the city’s consent form with the Deputy City Solicitor.

Chairperson Councilor Mero-Carlson recognized Councilor Russell, who discussed potential rationale for Boston allowing third-party inspectors, as well as protecting firefighters through enforcement of the sanitary code.

Chairperson Councilor Mero-Carlson discussed the procedure for recommending approval of the proposed ordinances relative to the Rental Property Registration Program and the Residential Rental Unit Periodic Inspection Program, as amended, with the Deputy City Clerk.

Chairperson Councilor Mero-Carlson recognized Councilor Toomey, who discussed establishing a review process for the program after one year of operation with the Interim Commissioner of Inspectional Services.

Chairperson Councilor Mero-Carlson brought forth the following Chairman’s Order: Request City Manager request Commissioner of Inspectional Services provide City Council with a report one year after the implementation of the Rental Dwelling Unit Periodic Inspections Program evaluating the number of registered rental properties and the number of fines in a categorized list for each City Council District.

Chairperson Councilor Mero-Carlson moved for a roll call vote to recommend items #3a, #3c, #3d and #4a be placed on file.

Recommend File on a roll call vote of 3 Yeas and 0 Nays

Request City Manager ensure a process that allows third-party companies the ability to complete inspections of rental properties in the city as part of the amended Rental Dwelling Unit Periodic Inspections Program.

Request City Manager request Commissioner of Inspectional Services provide City Council with a report one year after the implementation of the Rental Dwelling Unit Periodic Inspections Program evaluating the number of registered rental properties and the number of fines in a categorized list for each City Council District.

Chairperson Councilor Mero-Carlson read the item and moved for a roll call vote to recommend approval of the accompanying proposed Ordinance with the following amendments brought forward by the Law Department and city administration: 1) Exemption of “newly developed dwellings” (single family, two-family, three-family, and multi-family) that received an occupancy permit on or after September 29, 2022, for a period of 5 years from the date of the occupancy permit; 2) Any change in ownership during the 5-year period requires the new owner register within 30 days of taking ownership); 3) Owner occupied 2 and 3 family dwellings exempt from program; 4) Changes to ordinance from Commissioner of Inspectional Services and City Solicitor (submitted to Committee on 5/1) included Department of Inspectional Services retaining a list of exempted properties and Penalty/Fine section limited to each month constituting a fine (not daily); 5) Exempt from State Sanitary Code registration – 2 and 3 family owner-occupied; 6) Exemption from inspection for any newly developed single family, two-family, three-family, and multi-family rental units, as identified in Section 18 (c), that received an occupancy permit on or after September 29, 2022, for a period of 5 years from the date of the occupancy permit; 7) Upon change of ownership, inspections must occur; 8) Owner occupied 2 and 3 family dwellings exempt from State Sanitary Code inspections; 9) Addition to 19(g), related to building owners’ responsibility, to obtain consent from tenants/occupants for any inspections; 10) Changes to ordinance from Commissioner of Inspectional Services and City Solicitor (submitted to Committee on 5/1) included DIS retaining a list of exempted properties & Penalty/Fine section limited to each month constituting a fine (not daily); and 11) Editorial and stylistic changes were also made for formatting purposes.

Recommend Approval as Amended on a roll call vote of 3 Yeas and 0 Nays (See Item #3a)

Recommend File on a roll call vote of 3 Yeas and 0 Nays (See Item #3a)

Recommend File on a roll call vote of 3 Yeas and 0 Nays (See Item #3a)

Recommend File on a roll call vote of 3 Yeas and 0 Nays (See Item #3a)