Salem Seeks Public Comment on Draft Revisions to Residential Rentals Ordinance

As part of its on-going efforts to improve the quality of life in Salem’s neighborhoods, the City of Salem has announced that it is seeking public comment on a draft revision to the Ordinance regulating the inspection of rental properties in the City.

Under the current Ordinance, City personnel inspect rental properties upon a change of tenant. If the property is found to be up to building and sanitary codes, it is issued a Certificate of Fitness. This current system relies on landlords to voluntarily report when there is a change in tenancy.

New Schedule of Inspections

The proposed new Ordinance would establish a set three-year schedule for the inspection of most residential rental properties. Owner-occupied two- and three-family homes would continue to only be inspected upon a change in tenant and properties that have no previous health, building, or police violations would be placed on a five-year inspection schedule, unless there was a change in ownership or tenancy. Finally, those properties with a history of disorderly house or other police citation, or building and health code violations, could be subject to an annual inspection.

Short Term Rentals

Short term rental properties – such as Airbnb, HomeAway, VRBO, and so forth – would be subject to the same inspection and require a Certificate of Fitness. The proposed Ordinance defines a short term rental as a dwelling unit rented out to a tenant for a period of time less than 14 days. Short term rentals would be subject to the same three-year inspection schedule or on a change in ownership, provided the rental use is continued by the new owner, but not upon a change in tenant.

Register and Fines

Under the draft Ordinance, landlords would be required to keep a register of tenants for the preceding five years for enforcement purposes. The register would not be a public record, however whether or not a Certificate of Fitness has been issued for a property and the Certificate itself is a matter of public record.

Finally, the Ordinance increases the fine for renting out a dwelling unit without a Certificate of Fitness from its current $20 to $50 per day, which is an amount that is identical to the inspection fee. This helps to eliminate the economic incentive to avoid an inspection.

Submitting Comment

Those wishing to submit comment may email mayor@salem.com or submit their written comments to the following address by Tuesday, November 22nd:

Office of Mayor Kimberley Driscoll

ATT: Residential Rentals Ordinance comment

Salem City Hall

93 Washington Street

Salem, MA 01970

A copy of the draft Ordinance, showing both the currently existing Ordinance and the proposed changes for which public comment is being sought, is available for review at http://www.salem.com/sites/g/files/vyhlif12836/f/uploads/proposed_residential_rentals_ordinance.pdf and in hard copy in the Mayor’s Office at Salem City Hall.

In addition, public comment will be taken at an informational meeting that will be held on Monday, November 21^st, 5:30 p.m. to 7:00 p.m. at the Salem Police station meeting room, 95 Margin Street.

“The intention of this Ordinance is to ensure that rental units in Salem meet the highest standards for structural integrity, public health, and safety,” said Mayor Kim Driscoll. “Not only will it bring added security to renters that their residence is safe, it will help landlords keep their investments in good repair and condition, providing them with a legal certification that their property is up to Code at the time it is rented out to a tenant. It will also help ensure the quality of life of the surrounding neighborhood is not diminished. The current process, where changes in tenancy are voluntarily reported, does not provide for an objective, standardized inspection schedule for rental units and could be abused by landlords who wished to avoid inspections.”

“Especially with the provision requiring annual inspections for the most problematic properties, this Ordinance change is another positive step in our efforts to ensure the quality of Salem’s residential properties and neighborhoods,” continued Mayor Driscoll.

Three years ago, the City launched a Problem Properties Task Force and two years ago it began an aggressive receivership program to rehabilitate the worst residential properties in the City. Last year the City’s application to the Ash Center for Democratic Governance & Innovation at Harvard’s Kennedy School was approved and Salem became the fourth Massachusetts city to join their Innovation Field Lab. As a partner in the Innovation Field Lab, Salem has a full-time fellow from the Ash Center working with the City to help develop and implement management tools and strategies to address problem properties in Salem. The specific focus for the initiative has been improving the condition and quality of investor-owned rental properties through the problem properties efforts.

“Ensuring that all of Salem’s neighborhoods meet high standards for livability is a major priority,” said Mayor Driscoll. “I believe the proposed changes, to make these inspections required on a more standardized basis, is an appropriate step forward to accomplishing that goal. The inclusion of short term rentals should provide equal treatment for these types of rentals, while also giving renters the comfort of mind in knowing that all residential units in Salem meet all appropriate standards for habitation and use. I hope all Salem residents – whether they are tenants, landlords, or neighbors to a rental property – will take this opportunity to review the proposed Ordinance and offer their feedback so we can work to craft the best possible set of regulations.”