CCIAOR submitted comments today on the Mashpee Board of Health’s proposed Rental Registration law ahead of tomorrow’s public hearing. The Board of Health will hold a public hearing Thursday, April 5 at 7:15 pm on the proposal.
After our thorough review of the proposed regulation, we have concerns about the proposal’s restriction on property rights, its impact on rental housing availability, and specific concerns with how the proposal is currently constructed. Our analysis shows there is work needed to further clarify the regulations to ensure clear and equal enforcement and understanding by owners and tenants.
In addition to the impact on property rights and housing availability on the broader level, we have specific concerns to the latest draft of the proposed rental regulations. They are:
• The definition of “Occupant” is overly broad. We are concerned with the enforceability and liability on the owner to know everyone who is staying overnight in a unit and to track all of those individuals;
• The regulation should clarify that a licensed real estate broker or agent hired to engage in leasing the property is not considered an “agent” under the definition of “owner”;
• Section IV that states “a rental certificate shall be issued “subject to such conditions as the Board of Health deems necessary” is vague and, as such, could be subjected by courts to the “Void for Vagueness” doctrine. The Board of Health should clearly articulate such condition that it deems necessary in the regulation.
• The response requirement in Section V is onerous and impractical. The requirement for one-hour response gives the Board of Health the ability to suspend or revoke a rental license for an owner who responded in an hour and a half after the request by the Board of Health staff or tenant.
Click HERE the agenda for the April 5th Mashpee Board of Health agenda.
Click HERE for the latest version of the proposed Mashpee Rental Regulation law.
Read CCIAOR’s comment letter below: