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9-11.4   Process for Approval of a Security Plan.
   (A)   Approval of security plan incorporating security measures recommended by crime prevention survey.
      (1)   (a)   Within 30 days of the receipt of the crime prevention survey, the landlord shall prepare a security plan for approval by the Commissioner of the Inspectional Services Department. Such plan shall be deemed to be in full compliance with this Section provided that:
            1.   The security plan mandates, at the very least, the provision of the security measures recommended in the crime prevention survey; and
            2.   The tenants have not articulated security needs which are not adequately addressed by the survey or the plan.
         (b)   If the crime prevention survey indicates that no security measures are needed additional to those already in effect at the development, the security plan shall be deemed to be sufficient so long as the landlord, in such plan, agrees to keep in effect all existing security measures. In all cases, the tenants must be given the opportunity to present their views to the Commissioner of the Inspectional Services Department at a hearing before the plan is accepted.
      (2)   Following the posting of notice to tenants as provided in division (C) below, the landlord shall submit the plan to the Commissioner of the Inspectional Services Department for approval. The Commissioner shall notify all affected parties of the date of the hearing on the plan. Such hearing shall take place within 30 days of the Commissioner’s receipt of the plan, and notice of the hearing date shall be given to all parties at least ten days in advance of the hearing date. Notice of the hearing date shall be given to any tenants organization which exists in the development and shall be posted by the landlord at the development in a conspicuous location. At the hearing, the landlord and the tenants shall be given an opportunity to be heard, to present witnesses or to submit documentary evidence, as to why the security plan should be approved or modified.
      (3)   Following the hearing, the Commissioner shall approve or modify the security plan, consistent with the recommendations of the crime prevention survey and the security needs articulated by tenants. In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with the Boston Police Department, as provided for in Subsection 11-1.7 as amended. The Commissioner’s approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten days of the hearing date.
   (B)   Petition for a modified security plan; approval process.
      (1)   Within 30 days of receipt of the crime prevention survey, if the landlord of an elderly/handicapped multi-family development disputes the need for any of the specific security measures recommended by the crime prevention survey, or the method or the timetable for carrying out security measures, based on the fiscal or contracting constraints that apply to the particular development, or if the landlord and/or tenants of an elderly/handicapped multi-family development believes that the additional security measures mandated by the crime prevention survey are such as to be cost-prohibitive, given the economic circumstances of the tenants of the development and the inability of the landlord and/or the tenants to obtain sufficient funding, equipment or services to cover the costs of such additional measures despite best efforts, as provided for in Subsection 9-11.5, then the landlord and/or tenants can petition the Commissioner of the Inspectional Services Department for permission to submit a modified security plan which does not encompass all of the security measures mandated by the crime prevention survey. Such petition shall be accompanied by a proposed security plan. A landlord may only claim that the elements mandated by the crime prevention survey are cost-prohibitive if the increased costs must be passed along to the tenants of the development and absorbed by the tenants in the tenants’ share of the rent. In all cases under this Subsection, the tenants must be given the opportunity to present their views to the Commissioner of the Inspectional Services Department at a hearing before the petition and plan is accepted.
      (2)   Following the posting of notice as provided in division (C) below, the landlord shall submit the petition for a modified security plan to the Commissioner of the Inspectional Services Department for approval. The Commissioner shall notify all affected parties of the date of the hearing on the petition. Such hearing shall take place within 30 days of the Commissioner’s receipt of the petition, and notice of the hearing date shall be given to all parties at least ten days in advance of the hearing date. Notice of the hearing date shall be given to any tenants organization which exists in the development and shall be posted by the landlord at the development in a conspicuous location. At the hearing, the landlord and the tenants shall be given an opportunity to be heard, to present witnesses or to submit documentary evidence, as to why the petition should be approved or modified.
      (3)   If a landlord submits a petition for a modified security plan, the landlord shall have the burden to show how any of the specific security measures recommended in the crime prevention survey are unnecessary, or, given the fiscal or contracting constraints particular to the development, how changes are needed in the method or timetable for implementation of security measures. In the event that a party claims that the costs of the additional security measures are cost-prohibitive, the landlord shall state what the estimated costs of the security measures are. In such cases, the landlord shall also substantiate his or her current and projected operating expenses and revenues, and shall show what efforts he or she has made to otherwise cover the costs, as provided in Subsection 9-11.5.
      (4)   Following the hearing, if the Commissioner of the Inspectional Services Department finds that:
         (a)   Any of the specific security measures recommended in the crime prevention survey are unnecessary to meet security needs at the particular development;
         (b)   Within the fiscal or contracting constraints that apply to the particular development, the landlord’s proposed plan will provide a reasonable method or timetable for meeting security needs; or
         (c)   The costs required to undertake the improvements mandated by the crime prevention survey as such as to make a security plan cost-prohibitive, the Commissioner shall either approve the petition for a modified security plan or make such modifications to the plan as are necessary.
      (5)   In ruling on a petition where it is claimed that a security plan is cost-prohibitive, the Commissioner shall be guided by the principle, consistent with the security objectives articulated in the crime prevention survey, that the impact on tenants’ rents should be minimized so that the cost of additional security measures will not have the likely effect of displacing elderly/handicapped tenants due to the excessive rent increases. In such cases, the Commissioner shall consider reasonable alternatives to the security measures called for by the crime prevention survey.
      (6)   In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with the Boston Police Department, as provided for in Subsection 11-1.7 as amended. Such approval or modification shall be in the form of a written decision, and shall be furnished to all affected parties within ten days of the hearing date.
   (C)   Tenant participation requirements in conjunction with submission of security plans.
      (1)   The landlord shall post a notice that he or she intends to submit a security plan or a petition for a modified security plan to the Inspectional Services Department in a conspicuous location within the development. This notice shall be in a form established by the Commissioner of the Inspectional Services Department. Such notice shall inform the tenants of the development that they may review and obtain copies of the landlord’s security plan upon request, as well as the materials in support of the plan, and shall also notify them of their right to participate in hearings at the Inspectional Services Department concerning such plan. Such notice shall first be posted at least ten days prior to the submission of the security plan or petition to the Inspectional Services Department under divisions (A) or (B) above. Such notice shall remain posted until such time as the Inspectional Services Department has made its final determination. It shall be deemed a violation of this Section, enforceable under Subsection 9-11.6, for any landlord to fail to post such a notice in a conspicuous location or to intentionally or willfully cause such notice to be defaced, destroyed or removed. If such a notice is defaced, destroyed or removed by a third party, it shall be the landlord’s obligation to immediately post a copy of the original notice.
      (2)   If any tenant requests a copy of the proposed plan, it shall be provided by the landlord to the tenant, together with:
         (a)   A copy of the findings and recommendations of the crime prevention survey (or the official Boston Police Department summary); and
         (b)   If applicable, a summary of the landlord’s reasons for disputing the findings and recommendations of the crime prevention survey, for seeking alterations in the method or timetable for implementation of security measures or for claiming that the additional security measures mandated by the crime prevention survey are cost-prohibitive, including a summary of the financial alternatives that he or she has explored to cover costs.
      (3)   Such notice shall be required, and such documents shall be available upon request, even if the survey and the plan do not recommend additional security measures.
      (4)   In developments that are subject to tenant participation requirements under 760 CMR 6.00, 24 C.F.R. § 245 or other applicable law and where there is a tenants organization, the landlord shall provide a copy of the security plan or petition and the above documents to such tenants organization at least ten days in advance of the submission of the plan or petition to the Inspectional Services Department. If the tenants participating in the organization vote that there are deficiencies in the security plan or petition, the landlord shall be required to meet with the tenants organization, at the tenants organization’s request, to discuss the tenants’ concerns and attempt in good faith to resolve such concerns. The tenants organization shall give written notice to the landlord, within the ten-day period after receipt of the plan and survey, of its desire to have such a meeting. The landlord shall meet with the tenants organization within two weeks of receipt of the tenant organization’s notice. To the extent that such meetings or discussions delay the finalization of the security plan, the landlord shall be permitted to submit the security plan late, but in no event later than 30 days from the date of the tenant meeting. The landlord shall give notice to the Commissioner of the Inspectional Services Department of any requests received for tenant meetings. The Commissioner shall not schedule any hearing on the security plan until after such tenant meetings have taken place, and the 30-day period for the Commissioner to hold a hearing after receipt of a plan shall be extended in such event. Failure of the tenants or the tenants organization to request a meeting with their landlord to discuss the plan shall not be deemed to constitute a waiver of the tenants’ right to approve, oppose or seek modifications in a plan or petition at the hearing before the Commissioner.
(CBC 1985 9-11.4; Ord. 1989 c. 4 § 1 [503]; Ord. 2010 c. 12)
9-11.5   Protection from Rent Increases.
   Additional costs incurred by landlords in complying with the requirements of this Section and implementing security measures additional to those already provided or required in such developments shall not be passed on to elderly or handicapped tenants of elderly/handicapped multi-family housing developments unless the landlord has exhausted all reasonable alternatives to the passing on of such costs. In pursuing such alternatives, the landlord of an elderly/handicapped multi-family housing development shall use best efforts to seek and obtain such funding, grants or donations of funds, equipment or services, as may lessen or eliminate such additional costs. Such reasonable alternatives shall also include the seeking of relief from cost-prohibitive security measures as provided for under Subsection 9-11.4(B). The costs incurred in complying with the requirements of this Section and implementing security measures additional to those already provided or required may be considered to be reasonable or necessary operating or capital expenses in any application for additional subsidy or financing from the United States, the commonwealth or any authority created under the laws thereof, as well as under Chapter 34 of the Ordinances of 1984, as amended.
(CBC 1985 9-11.5; Ord. 1989 c. 4 § 1 [504])
Editor’s note:
   Chapter 34 of the Ordinances of 1984 has been codified as Subsections 10-2.1 through 10-2.10 and 10-2.14 through 10-2.23.
9-11.6   Enforcement.
   The Commissioner of the Inspectional Services Department shall notify the landlord of an elderly/handicapped multi-family housing development in the event the development is found to be in noncompliance with the provisions of this Section and shall order compliance. Said landlord shall have 30 days from the date of notification in which to achieve compliance with the Commissioner’s order. Upon the expiration of the 30-day period, the landlord of a housing development still in violation of the order shall be subject to a fine of $150. Each day’s failure to comply with the order thereafter shall constitute a separate violation of the Commissioner’s order. Orders shall be enforced in a manner similar to that provided for enforcement of orders under Chapter I of the commonwealth’s Sanitary Code, being 105 CMR 410. Tenants and/or tenant organizations of elderly/handicapped multi-family housing developments shall have the right to request investigation by the Commissioner of the Inspectional Services Department if they believe that their landlords have failed to comply with the provisions of Subsection 9-11.1 through Subsection 9-11.5 and shall have the right to request a hearing from the Commissioner in a manner similar to that provided in M.G.L. Chapter 111, Section 127B if the Commissioner fails to respond to a request for investigation, if the Commissioner fails to make findings of non-compliance following an investigation, or if the Commissioner fails to issue orders upon a finding of non-compliance.
(CBC 1985 9-11.6; Ord. 1989 c. 4 § 1 [505])
9-11.7   Non-Liability of the City.
   The provisions of this Section shall not be construed to establish any duty on the part of the city greater than the city’s general public duty to protect its citizens’ health, safety, security and well-being. No determination by the Commissioner of the Inspectional Services Department or the Boston Police Department as to the adequacy of a landlord’s security measures shall be construed as a warranty or guarantee of such security, and the sole responsibility for insuring that security measures are adequate to protect tenants from foreseeable harm or risk shall rest and remain with the owner of such property.
(CBC 1985 9-11.7; Ord. 1989 c. 4 § 3)
9-11.8   Severability.
   The provisions of this Section are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions which shall remain in full force and effect.
(CBC 1985 9-11.8; Ord. 1989 c. 4 § 4)
9-12   SECURITY FOR STUDENT HOUSING.
9-12.1   Definitions.
   For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CRIME PREVENTION SURVEY. A survey conducted by the Boston Police Department identifying the security needs of the occupants and neighbors of student housing and making recommendations as to how such needs shall be met through existing or new security measures, such as lighting, locks, safety officers, resident managers, security stations, security systems or other equipment, personnel or program. See also Section 11-1, as amended.
   DWELLING UNIT. As defined in Subsection 9-11.1.
   LANDLORD. The individual who holds title or control of any student housing including, without limitation, a partnership, corporation, condominium association or trust. For purposes of this Section, the rights and duties of the LANDLORD hereunder shall be the obligation of anyone who manages, controls or customarily accepts rent on behalf of the LANDLORD.
   NEIGHBORS OF STUDENT HOUSING. Persons who reside or operate businesses within the same precinct as the student housing involved.
   OCCUPANTS OF STUDENT HOUSING. Persons who rent or occupy buildings, structures, developments or complexes which come within the definition of student housing, regardless of whether such persons are themselves students of undergraduate institutions.
   SECURITY PLAN. A plan for providing security for the occupants and neighbors of student housing, based upon a crime prevention survey, which meets the criteria set forth in Subsection 9-12.3 and which has been developed in accordance with the process set forth in Subsection 9-12.4.
   STUDENT HOUSING. Any building, structure, development or complex of one or more dwelling units under common ownership or control, rented or offered for rent for dwelling purposes within the city, which is rented to or occupied by persons who are students in undergraduate institutions; provided, however, one, two and three family properties which are occupied by all of the legal and beneficial owners of the property shall be exempt from this Section; provided further, however, that in buildings, structures, developments or complexes consisting of less than 20 dwelling units, 50% or more of such dwelling units must be rented to or occupied by persons who are students in undergraduate institutions, and that in buildings, structures, developments or complexes consisting of 20 or more dwelling units, at least ten of such dwelling units must be rented to or occupied by persons who are students in undergraduate institutions. Such STUDENT HOUSING shall include dwelling units which are rented out to institutions, corporations or persons, and in turn are then sublet to, or occupied by, students of undergraduate institutions. Such STUDENT HOUSING shall not include housing which is located on the campus of a university or college or housing which is controlled by a university or college, so long as the university or college provides security for such housing to protect students, occupants and neighbors of such housing. In determining whether property continues to be used as STUDENT HOUSING, the Commissioner shall treat vacant units which were formerly rented to or occupied by students in undergraduate institutions as counting toward the unit threshold, unless the landlord establishes by clear and convincing evidence that it is no longer his or her intent to rent out such units to students of undergraduate institutions.
(CBC 1985 9-12.1; Ord. 1992 c. 1 § 1 [506])
9-12.2   Security Requirements for Student Housing Where There is Probable Cause to Believe That There is a Risk to the Occupants or Neighbors of Such Housing.
   The Commissioner of the Inspectional Services Department shall promulgate regulations, pursuant to his or her authority under M.G.L. Chapter 111, Section 127A, and consistent with the requirements of the commonwealth’s Sanitary Code, being 105 CMR 400 and 410, and Subsections 9-12.1 through 9-12.5. These regulations shall take effect within 90 days of the effective date of this Section. Such regulations shall require the following.
   (A)   A complaint process shall be established whereby occupants and neighbors of student housing may file a complaint and request for investigation with the Inspectional Services Department if there are breaches of the peace and quiet enjoyment of the public or the occupants of such student housing committed on or near such student housing premises. A neighbor or occupant of student housing may file a complaint upon obtaining the signatures and addresses of nine other neighbors or occupants of the student housing premises. Such complaints shall be taken without regard to whether the premises do in fact come within the definition of student housing.
   (B)   (1)   Within ten days of receipt of a complaint under this Section, the Inspectional Services Department shall investigate to determine:
         (a)   Whether the premises appear to meet the definition of student housing in terms of the number of units and the number of units occupied by students; and
         (b)   Whether there is probable cause to believe that there is a risk to the safety, security and quiet enjoyment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing.
      (2)   Such investigation shall be completed within ten days of receipt of the complaint by the issuance of a notice determining whether there is or is not probable cause to proceed further. Such notice shall be sent to the landlord of the student housing and to the complaining party or parties and to the dean of student affairs of the undergraduate institution in which the students are enrolled. Complaining parties who have been notified that there is no probable cause to proceed further shall have the right to request a hearing from the Commissioner in a manner similar to that provided in M.G.L Chapter 111, Section 127B to challenge the Commissioner’s failure to respond to a request for investigation or to challenge the Commissioner’s determination that there is no probable cause to proceed further.
   (C)   (1)   If the Commissioner determines that there is probable cause to proceed, the notice to the landlord shall state the following.
         (a)   The landlord may request a hearing to contest the finding of probable cause, which shall be conducted in a manner similar to that proceed in M.G.L. Chapter 111, Section 127B.
         (b)   If the landlord does not request a hearing in a timely manner, the landlord must request a crime prevention survey to identify the steps that can be taken by the landlord to ensure the safety, security and quiet enjoyment of occupants and neighbors of the student housing.
      (2)   The notice shall also state that if the landlord fails to request a hearing within ten days of the date of the Commissioner’s notice of probable cause, the landlord shall be deemed to have waived election of a hearing, and shall be ordered to request a crime prevention survey.
   (D)   If a landlord fails to request a hearing as provided in division (C) above, or if a hearing is requested and, following such hearing, it is determined by a preponderance of the evidence that there is probable cause to believe that there is a risk to the safety, security and quiet enjoyment of occupants or neighbors of student housing as the result of insufficient security measures taken with regard to such student housing, the Commissioner of the Inspectional Services Department shall order the landlord to request a crime prevention survey within ten days. If the landlord fails to make such a request, he or she shall be subject to a fine of $150. Each day’s failure to respond to the Commissioner’s order thereafter shall constitute a separate violation. The landlord shall also be subject to prosecution for failing to respond to the Commissioner’s order in the same manner as is provided for under Article II of the commonwealth’s Sanitary Code. Occupants and neighbors of the student housing shall also have a private right of action to seek enforcement of the landlord’s obligation to request a crime prevention survey.
   (E)   If the landlord requests a crime prevention survey and, following the survey, it is determined that a security plan is necessary, the landlord must provide the security measures identified in the security plan, as developed and approved in compliance with the provisions of Subsections 9-12.3 and 9-12.4. After a security plan is adopted, the landlord shall have the continuing duty to provide the security measures identified in the security plan. Any request for modification in the security plan must be submitted to the Inspectional Services Department for prior review and approval. Failure to continue to provide the security measures mandated by a security plan shall constitute a violation of this Section and be subject to enforcement under Subsection 9-12.5.
   (F)   If, at any time following a finding of probable cause by the Commissioner of the Inspectional Services Department, the landlord of student housing changes the way in which the property is rented out, such that it is the landlord’s position that the property no longer meets the definition of student housing, the landlord shall so notify the Commissioner in writing. The Commissioner shall investigate the landlord’s claim and shall give notice of the same and an opportunity to respond to the complaining parties. Such investigation shall be completed within ten days of receipt of the landlord’s notice by the issuance of a notice determining whether the premises should continue to be treated as student housing subject to the provisions of this Section. Such notice shall be sent to the landlord of the student housing and to the complaining party or parties. Parties aggrieved by the Commissioner’s determination shall have the right to request a hearing from the Commissioner in a manner similar to that provided in M.G.L. Chapter 111, Section 127B.
(CBC 1985 9-12.2; Ord. 1992 c.1 § 1 [507]) Penalty, see Subsection 9-12.5
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