Taking The Housing Hint 7-31-09

7-31-09 Taking The Housing Hint

I recently had the pleasure of observing a family of cardinals in my backyard. The mother was rarely seen. I suspect she was sitting on the next brood. The father was also a family guy, taking over the feeding schedule of the two youngsters. By the time the little ones turned to adolescents, they appeared to be about the same size as dad but were still dependent on him. On a Thursday morning the father was very attentive, especially to the one making the most noise and fluttering its wings more actively than its sibling. Each day and all day, the father gathered seeds and fed his children. Four days later, on Sunday morning I saw them return and, once again, begin the ritual. Children were nearby waiting expectantly and the father gathered seeds. Then he flew to his children, with the noisy one being the first recipient, as usual, of his attention. But this time, instead of food, the needy child received the blows of flapping wings instead of food. Whap, whap, whap went the father’s wings into the face of its teenager, as if to say, “This is so over! Get out and feed yourself!” The not-so-dependant child, who had, by the way, begun to look for seeds on its own rather than only waiting for dad’s arrival, looked stunned but took the hint and flew off before receiving more of the same.
I, as a mother of six, who loved having and raising children, could only smile and relate, in a way. I thanked the cardinal for making me laugh!
As a health agent, though, I shook my head and thought of all the housing situations where people don’t take the hint. It could be tenants not realizing their responsibility to maintain the property they are renting. Then there are the landlords who don’t pay attention to the laws designed to protect the tenants from unsanitary or unsafe conditions or even retaliation by attempting to evict the tenants after they have talked to the board of health. In those situations, I am glad I have a booklet, written by our Bureau of Consumer Affairs, to share with all the involved parties. One is entitled “The Rights and Responsibilities of Landlords” and the other is “The Rights and Responsibilities of Tenants.” Even after reading these guidelines, some people just don’t get it; they have responsibilities and if they don’t keep their end of the bargain, there are consequences.
If the board of health has issued a permit, holding a hearing where the revoking of said permit will be discussed is usually the best way to get someone’s attention. It is not so easy if there is not an actual permit issued. The consequences of not abiding by the law can include fines and if that does not work, or if the fine is not paid, a 21-D ticket can be issued. They look just like and are handled just like a parking ticket. The receiving party either pays the fine to the town clerk or they appeal and tell their story to the clerk magistrate.
Before fines or tickets are issued, not only has a lot of time been invested explaining the law, writing letters with orders of correction with specific deadlines and making site visits, but options are also spelled out. They are entitled to a hearing. They are entitled to review pertaining records. They may request a hearing in writing and need to submit it within seven days of receipt of the letter. They are told that fines or tickets may be issued if they do not make the necessary corrections.
Not making corrections is “only” a civil matter. Not paying the fine is a criminal offense. They can tell their story to the judge.
Sometimes a housing situation is so immediate and of such an emergency nature and it is compounded by a noncompliant person, that a visit to court is appropriate.
If the owner or the tenant denies the health agent access, yet there were indications of unsafe conditions, the agent can go to the housing court to request an administrative search warrant. That warrant will allow access for specific reasons and for specific people. The agent needs to list, for instance, specific police officers, if that is desired. Any person not listed on that warrant, may not enter without permission.
Also in housing court anyone can request a temporary restraining order. Did you know that? For instance, in a recent case, in response to finding her family locked out of the apartment, the tenant filed for and was approved for an order that the landlord restrain from evicting the tenants without due process. The landlord either did not understand the oblique wording or did not care, for she did not remove the padlock.
In that case, it was back to court. The language became more specific and the judge learned to say, “You are ordered to remove the padlock.”
We all have lessons to learn from life. Some are forced upon us, when we don’t get the hint. Others are subtler and await observation.

Cathleen Drinan is the health agent for the Town of Halifax, MA. Do you have any tenant/landlord stories for her? She can be reached at 781 293 6768 or cdrinan@town.halifax.ma.us