Residents, realtors question the fairness of rental regulations
BY MARY LANCASTER INDEPENDENT WRITER
Health Inspector Richard Ray stressed several times that his proposed long-term rental regulations are meant to protect tenant's health and safety, but many at a Monday night forum to discuss the regulations voiced concern over how they single out landlords who rent year-round and could worsen an already serious housing shortage.

Approximately 40 people, several of whom represented the real estate industry, attended the first session Ray has held to explain the motive behind the proposal and obtain feedback from those who would be affected if the regulations are enacted. The regulations would require adherence to pertinent sections of the state sanitary code.

Telling the crowd that he wants units leased for more than 31 days licensed to ensure renters have proper heat, egress, smoke detectors, storm windows and screens, occupancy space, sanitary facilities and street numbers, he noted that with about 2,000 long-term rentals on the island it would require extra staffing in his office and could take up to five years to complete inspections and issue permits.

"These regulations will probably exacerbate the housing situation where places don't comply," Ray admitted. He added that he also realized there may be increased costs to landlords who must make repairs to comply with the code and loss of income for some who must reduce their unit's occupancy rates. "But how do you weigh off public safety? This is what I'm paid to do."

Issues of concern included the fact that under the sanitary code landlords would have to cover wooden floors with cracks between the boards, but Ray said the code provides for some flexibility and that his mission is to focus on problems stemming from unsafe and unsanitary conditions.

"I'm scared to death," said Ray, explaining that he has seen situations where college students are crowded into basements with their feet precariously near heaters and renters using a large bush in the yard as their toilet. "I'm scared that what it's going to take to motivate something like this [plan] is a death. There are far too many horror stories out there that have [happened] and will happen. People value their housing in a very misguided sense because that housing may kill them."

The draft regulations, which will undergo revisions during the process towards a vote by the Board of Health, will be reviewed during an anticipated meeting between Ray, board members and rental agents this July and a second public forum in October. Ray expects to have a Board of Health public hearing on the regulations in February 2008 and potential adoption of the proposal next April. If the Finance Committee approves funding Ray would need for extra staff salaries, a vehicle and start-up costs, the regulations could go into effect next July.

As currently written, the regulations require landlords who rent for longer than 31 days to register with the Nantucket Health Department and pay a fee (presently suggested at $100 - $150 yearly) to obtain a certificate after department representatives inspect the premises to determine its suitability for habitation and the number of occupants the space will lawfully accommodate. The landlord will be required to maintain a record of names and addresses of lessees and their dates of occupancy and provide the information to regulatory agencies on request.

Smoke detectors and carbon monoxide detectors, where the latter are required, will have to be present with annual certification by landlords that they are operational. The owner of a long-term rental will be responsible for maintaining the property in a sanitary manner and provide watertight, sealable containers for garbage and trash generated by the rental. The number of the unit must be attached to the side of the building facing the street to aid emergency responses to the property.

Landlords are subject to revocation of their certificate if a premises is determined unfit for habitation and after a public hearing on that determination. Penalties for violations of the regulations may be assessed through a warning or $50 fine for the first offense, $150 for the second offense and a $200 fine for the third and subsequent offenses.

"This system will bring to the surface a number of illegal, unsanitary, unsafe structures unknown to us," said Ray. "I want to get this done as soon as possible to avert a tragedy. Our luck is going to run out."

The regulations do not apply to lodging house license holders. Dormitories have a separate standard

for occupancy approval. I