Just-cause eviction in Boston is rent control

Certain Boston City Councilors want to impose rent control in the disguise of just-cause eviction. It's a rent freeze combined with eviction control. Rents are frozen and tenants cannot be evicted except for seriously violating the terms of a lease or tenancy agreement. This rent control would apply to tenants living in foreclosed properties. Just-cause eviction IS rent control. A rent freeze has no allowance for a rent increase based on improvements to the property. It's the worst possible form of rent control.

The distinctive characteristic of this just-cause eviction is that it would apply only to tenants whose landlords are banks and other "foreclosing owners" who owned the mortgage and now own the property. Once these owners sell, the just-cause eviction would no longer apply. So the length of time this just-cause eviction (and rent freeze) would apply would seem to be short. But in fact, this rent control and eviction control make the property LESS valuable and LESS desirable to buy, so it LENGTHENS the time the property is likely to stay in the hands of a foreclosing owner. It worsens the foreclosure crisis. Property needs to pass to a new private owner as fast as possible. The new owner will then take care of the property, fix it up, and get it fully occupied and pulling in the rental income needed to maintain and improve the property.

The real concern is that this rent control and eviction control could be expanded in the future to other groups of tenants perceived to be in danger of displacement. And so a system of rent control could grow and grow as more groups are added. We already have de facto rent control just recently imposed on owners of large apartments who have been renting to large numbers of students. The student occupancy limit now allows a maximum of four full-time undergraduate students per apartment, which is effectively rent control. Less money can be earned by the owner when the number of occupants is restricted.

Now we have rent control and eviction control being proposed for foreclosed tenants. What is the next step towards full-scale rent control? A rent freeze for the elderly and disabled? A rent freeze for families threatened by displacement or gentrification? If these were allowed, we would be far along the road towards full-scale rent control. That's why it is important to oppose "just-cause eviction" and any kind of rent control, even in a limited form.

PLEASE TAKE ACTION NOW: Property owners need to contact all the Boston City Councilors and ask them to vote NO on "just-cause eviction" and any kind of rent control. The main phone number for the City Council is 617-635-3040. Ask to be transferred to your district councilor and to the undecided at-large city councilors: Flaherty, Murphy, and Connolly. You can find email addresses for the councilors on the city website: www.cityofboston.gov.

Special housing rights for battered women?

The latest news of a restraining order against New England Patriots player Randy Moss serves as an example of a temporary restraining order and how easy it is to get. Two bills at the State House (S.755 and H.1241) would make it easier than a temporary restraining order for alleged battered women (or men) to get special housing rights -- including protection against eviction. Under either of these bills, the person seeking special housing rights merely tells any one of a number of designated people (social worker, advocate in a domestic violence center, etc.) that they are a victim of domestic violence and sign a piece of paper. That gets them the rights that easily, based solely on the alleged victim's word. With protection against eviction, the alleged victim of domestic violence can continue engaging with their partner in the domestic violence -- late-night loud fights, property damage, etc. -- without fear of eviction, leaving landlords helpless to do anything about it.

These domestic violence bills introduce a form of "just cause" eviction, as the owner must prove that the reason for any eviction is not related to domestic violence. We do not have "just cause" eviction in Massachusetts, but this bill would start it. With "just cause" eviction comes a form of rent control. If you can't evict for a reason that might be related to domestic violence and you raise the rent too high, a judge may say you are evicting the tenant by imposing an unreasonable rent increase. That is rent control.

For more information, go to www.spoa.com and scroll down the home page to "Special housing rights for 'battered women'?" The state legislators that need to be contacted are:

Representative Kevin Honan
Co-Chair, Housing Committee
State House, Room 38
Boston, MA 02133
617-722-2470
Rep.KevinHonan@hou.state.ma.us

Senator Susan Tucker
Co-Chair, Housing Committee
State House, Room 424
Boston, MA 02133
617-722-1612
Susan.Tucker@state.ma.us

And you need to contact your own senator and rep. Follow this link to find out who they are:
www.wheredoivotema.com