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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
9-12.3   Criteria for a Security Plan.
   (A)   A security plan shall be based upon a crime prevention survey which has been completed by the Boston Police Department, and shall incorporate all of the elements recommended by the crime prevention survey for the adequate protection of the occupants and neighbors of the student housing, except as otherwise provided in Subsection 9-12.4. Each crime prevention survey shall include both findings as to the security needs of the occupants and neighbors of the student housing and 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 programs. Each survey shall also include a one page summary, on official Boston Police Department stationery, itemizing the elements recommended.
   (B)   The landlord shall be responsible for arranging for a crime prevention survey by the Boston Police Department, and shall notify the Commissioner of the Inspectional Services Department in writing at the same time that he or she requests such survey from the Boston Police Department. No fee shall be assessed to the landlord for such survey. The Boston Police Department shall carry out such crime prevention survey and provide a copy of the same to the landlord and the Inspectional Services Department upon completion, as provided for in Section 11-1, as amended. Such surveys shall be completed within 30 days of receipt of the landlord’s request for a crime prevention survey.
(CBC 1985 9-12.3; Ord. 1992 c. 1 § 1 [508]) Penalty, see Subsection 9-12.5
9-12.4   Process for Approval of a Security Plan.
   (A)   (1)   Approval of security plan incorporating security measures recommended by crime prevention survey.
         (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 within 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 parties whose complaint triggered the probable cause finding 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 student housing, the security plan shall be presumed to be sufficient so long as the landlord, in such plan, agrees to keep in effect all existing security measures; this presumption, however, may be rebutted by the complaining parties. In all cases, the complaining parties or their authorized representatives 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. The Commissioner shall ensure that prior notice of such hearing, as well as a copy of the landlord’s security plan and the crime prevention survey, are provided to the complaining parties or their authorized representatives. 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 the complaining parties. In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified Crime Prevention Officer from the Boston Police Department, as provided for in Section 11-1, 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.
      (2)   Petition for a modified security plan; approval process. Within 30 days of receipt of the crime prevention survey, if the landlord of student housing 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 housing, then the landlord 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. 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.
   (B)   In all cases, the complaining parties or their authorized representatives 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. The Commissioner shall ensure that prior notice of such hearing, as well as a copy of the landlord’s security plan and the crime prevention survey, are provided to the complaining parties or their authorized representatives. 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 the complaining parties.
   (C)   Following the hearing, if the Commissioner of the Inspectional Services Department finds that:
      (1)   Any of the specific security measures recommended in the crime prevention survey are unnecessary to meet the security needs of occupants or neighbors of the student housing; or
      (2)   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; the Commissioner shall either approve the petition for a modified security plan or make such modifications to the plan as are necessary.
   (D)   In reviewing the adequacy of the plan and reaching a decision thereon, the Commissioner shall consult with a certified Crime Prevention Officer from the Boston Police Department, as provided for in Section 11-1 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.
(CBC 1985 9-12.4; Ord. 1992 c. 1 § 1 [509]) Penalty, see Subsection 9-12.5
9-12.5   Enforcement.
   The Commissioner of the Inspectional Services Department shall notify the landlord of student housing in the event the housing is found to be in noncompliance with the provisions of Subsections 9-12.1 through 9-12.4, and shall order compliance. Except as otherwise provided in Subsections 9-12.1 through 9-12.4, 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 student housing 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 Article II of the commonwealth’s Sanitary Code. Occupants and neighbors of student housing shall have the right to request investigation by the Commissioner of the Inspectional Services Department in the manner provided in Subsection 9-12.2 if they believe that a landlord of student housing has failed to comply with the provisions of Subsections 9-12.1 through 9-12.4. Such persons 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 noncompliance following an investigation, or if the Commissioner fails to issue orders upon a finding of noncompliance.
(CBC 1985 9-12.5; Ord. 1992 c. 1 § 1 [510])
9-12.6   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 ensuring that security measures are adequate to protect occupants and neighbors from foreseeable harm or risk shall rest and remain with the owner of such property.
(CBC 1985 9-12.6; Ord. 1992 c. 1 § 3)
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