Landlords speak on housing rule

SOUTH PORTLAND — The South Portland City Council conducted a second workshop Monday on a proposed “disorderly house” ordinance, and this time it was the landlords’ turn to speak out.

The new rule, which could see homes and apartments posted against occupation following as few as three police visits in a 30-day period, passed an initial reading before councilors Sept. 19. Based on that unanimous vote, the ordinance is expected to also pass a final reading Oct. 2. It will then become law in South Portland 20 days later.

Although aimed at “absentee” landlords – those who do not live in their buildings, in South Portland, or, often, in Maine – it applies to unruly behavior anywhere in the city, even in single-family, owner-occupied homes.

“This ordinance applies to every single residence in this city, not just rents,” cautioned Councilor Tom Coward at Monday’s workshop session. “So, if you have a fondness for loud parties, you may find yourself being kicked out of your house. … This is the ordinance we are proposing to enact. It is very far-ranging legislation which could have very serious impacts on everybody who lives in the city.”

The so-called “disorderly house” ordinance, based on a similar law in Portland, calls for a compulsory meeting between city officials and building owners if police visit a property three times within a 30-day period. The trigger increases to four police visits if a building has between six and 10 units, and five at any larger complex.

The meeting, which would take place within five days of notice by the city, must result within one week in a written contract in which the property owner agrees to “take effective measures to resolve the disorderly house.”

Although the ordinance does not specify what constitutes resolution, or “effective measures,” it does carry a penalty of $500 to $2,000 for “each day of violation.” In addition, the city may condemn and post a building against occupancy if officials are not satisfied with the landlord’s attempts to resolve behavior deemed by the city to be “chronic unlawful or nuisance activity.”

Councilor Tom Blake has been the most vocal naysayer of Gailey’s solution. The owner of four apartment buildings and manager of a fifth, Blake has been forced to sit out council deliberations based on a presumed conflict of interest. Still, he sent a two-page letter to his peers, faulting the ordinance proposal because it “puts 100 percent of the responsibility on the property owner and does not address the problem makers.”

Since Sept. 12, when the issue first appeared on a council workshop agenda, Blake has championed a summit of sorts among landlords, city officials, police and tenants prior to enactment of any new local laws governing behavior. That idea has not gained traction with Blake’s fellow councilors, but that has not deterred him from his argument.

“My biggest concern is that the ordinance attempts to ‘cleanse the city of bad people,’ he wrote, in his letter. “If this was possible then this type of action would have been used hundreds of years ago. If we want to rid South Portland of bad behavior, then we must attack the behavior. This ordinance will only relocate it to another town, another street or another neighborhood.”

Three landlords attended Monday’s meeting, and none opposed the new ordinance on the face of it. Instead, they only questioned how it would be interpreted.

Jim Harmon asked what would constitute a police visit and trigger the ordinance, given that police could make welfare checks and other calls not necessarily prompted by a crime, or even a disturbance.

Daggett said police would “use good judgment” in tallying calls. Gailey also pointed to the appeals process built into the ordinance, noting that he would “act as judge and jury” in any dispute between Googins and landlords.

Melissa Linscott pointed out, as Blake has in previous meetings, that it can be difficult to evict a troublesome tenant.

“The laws really, really favor the tenant,” she said. “You have to follow a process and it can take a really, really long time. I just want to make sure there are protections for landlords who are trying to do the right thing – that they are not going to get penalized when they are trying to do the right thing.”

Carlton Winlsow added his hope that police would contact landlords prior to demands for resolution. Often, he said, a landlord may have no idea there is an issue, or may be able to show that the perceived problem either did not exist or has since been resolved.

The question of communication was perhaps the one sore spot in Monday’s meeting. Lisa Viola, director of housing and operating for the South Portland Housing Authority, complained that local police have refused to show her reports generated from visits to any of authority’s 641 units.

“I used to have the cooperation of the police department,” she said. “For the past 27 years, any time I had an issue I would call and they would send everything I needed. That stopped about a week ago. Lately, they don’t want to give me any reports. That’s really hard on the housing authority because I can’t kick someone out on hearsay.”

Gailey promised to broach the issue with Googins.

For his part, Blake said Gailey waited too long to involve landlords. Gailey said he sent invitations for the workshop to both the Maine Apartment Owners and Managers Association and the Southern Maine Landlords Association. Although those invites were distributed to membership lists for both groups, Blake found it unsurprising only three people showed up.

“You know when the invite was sent?” he asked, immediately after Monday’s meeting. “This morning.”