Lynn council OKs nuisance tenant law

LYNN – The City Council passed an ordinance Tuesday that puts pressure on landlords and property management companies to evict nuisance tenants, particularly those engaged in drug dealing, weapons possession, prostitution or other illegal activities.The measure was first adopted unanimously by the Ordinance Committee after a public hearing. Although nobody spoke in favor of the law, representatives from Lynn Economic Opportunity (LEO) and Neighborhood Legal Services (NLS) spoke against it.Ronald Mendes, representing the Lynn Area Chamber of Commerce, said several members expressed concern that the law would negatively impact business, making the job of property management more difficult and discouraging potential real estate investors. However, the chamber took no position on the matter.”We have advocates who conduct housing searches for homeless individuals and families. We also have advocates who deal with tenant’s rights and evictions. We have a good working relationship with landlords, rental companies, housing authorities and city departments,” said Darlene Gallant, community services director at LEO and a lifelong city resident. “LEO does not support this ordinance. It’s vague, overly broad and promotes homelessness. It punishes low-income households who may not live in safe, secure housing, for activities in which they are not a participant. It opens the door for unfounded, anonymous allegations. Low-income households and landlords alike will not benefit from this ordinance.”Gallant said the ordinance is likely to spawn lawsuits, adding that at least two sections of Massachusetts General Law Chapter 139 already address nuisance tenants and eviction proceedings.NLS Executive Director Sheila Casey said the housing courts are already flooded with eviction cases, noting her Lynn office handles 4,000 legal matters each year, of which 1,100 are eviction related.Casey recommended that drug and crime issues be addressed, but emphasized that laws already exist for that purpose, as well as to punish landlords who fail to take action once notified of such conditions. Many NLS clients are victims of illegal activities carried out by other tenants, she said.In addition to drug use and drug selling, innocent tenants have been plagued by prostitution, lewdness, gaming, threats of bodily harm,, domestic violence and gang activity.Like Gallant, Casey said the eviction law is too broad, such as in its definition of weapons. Further, the ordinance does not provide due process for tenants accused nor does it track state law in terms of procedure, which could lead to constitutional claims and open the city to liability, she said.Ward 3 Councilor Darren Cyr, chairman of the Ordinance Committee, said the law is designed to protect innocent residents from the activities of problem tenants and ensure the process works speedily. “In Lynn, we have some violent people who live in certain neighborhoods,” he said. “Those who try to abide by the law live in fear.”Ward 6 Councilor Peter Capano said some residents in his ward were afraid to leave their homes during a 45-day period last year when gunshots rang out every second or third day. A mother and daughter were shocked when a bullet pierced their home while the girl was working at her computer, and another resident’s home was also struck by bullets, he said.”This ordinance takes care of these problems in a more timely manner,” Capano said. “And I don’t see it being used more than two or three times a year. But sometimes, desperate times need desperate measures. I’m not a lawyer. I just want safe neighborhoods.”City attorney James Lamanna told the hearing that gunshots are not covered in state laws cited by the opposition. He also noted that approximately 50 percent of the landlords with troublesome tenants ignore letters from the Law Department, he said.In many instances, those landlords do not live locally. The ordinance, effective immediately, gives the city power to fine them for failing to add