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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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